January 2015 Newsletter - Housing Opportunities Made Equal

NEWS FROM HOME
WINTER 2015
Elizabeth Brown, Executive Director
Housing Opportunities Made Equal
2400 Reading Road, Suite 118
Cincinnati, Ohio 45202
Phone: (513) 721-4663
www.homecincy.org
Spotlight on Client Services
Of the hundreds of calls to HOME each year regarding
housing issues, about one-third relate to illegal discrimination. A team of client service specialists listen, evaluate
and investigate to help callers enforce their rights.
For LaTonya Springs, a specialist since 2006, the most
satisfying part of the job is helping the client. “I feel elated.” That may entail,
for example, talking
with the landlord to get
a reasonable accommodation for someone
with a disability,
saving someone from
eviction, or acting as a
mediator to resolve
disputes between
neighbors or between a
tenant and landlord.
other tenants to find out if they would have a problem
with children living in the building,” she said. “Some
clients were told — even before they shared their income
information — that the family could not afford the apartment because of daycare costs and diapers.”
Nevertheless, neither of these is the most common complaint. For several years,
nearly half of discrimination
complaints investigated by
HOME related to people with
disabilities and their right to
use and enjoy their homes just
as other residents do.
“On a daily basis, HOME receives calls about an owner or
their representative not allowing a reasonable accommodation (a change in policy or
“I believe housing dispractice),” LaTonya said.
crimination still exists
“What they are not underRochelle Jones, left, benefited from assistance from HOME’s
today,” she said, bestanding is that without this
LaTonya Springs in receiving an accommodation to allow her
cause she deals with
accommodation, it would not
son to serve as her caregiver. This ensured he could visit as
necessary
to
address
needs
related
to
her
disabilities.
cases of it every day.
be possible for the person
“With race and national origin, we usually are not finding
with the disability to enjoy their housing.”
the in-your-face discrimination where a person is told that
As an example, LaTonya cites the person who has a disthey can’t rent the property because they are black. Inability affecting breathing or mobility who needs a parkstead they are told the property is not available when in
ing space close to the entrance. “For this person, walking
reality it is or they are quoted different prices or not told
unnecessary distances creates a daily, unbearable task that
of specials compared to similarly-situated white applimight limit how many times they leave the apartment.
cants. And our investigations support the complaints of
They could become a prisoner in their home just to avoid
our clients.”
the task of the walking to and from their vehicle.”
Last year, LaTonya saw a “lot of outright discrimination”
Other accommodations relate to caregivers, support aniagainst families with children, even though that has been
mals, chemical uses or notices. Client service specialists,
illegal since 1988. “We had cases where the families were
like LaTonya, help ensure those with disabilities get the
told by managers that they had quiet neighbors in the
help they need to live in the communities of their choice.
building and the owner would have to check with the
NEWS FROM HOME
Winter 2015
Accessibility and the Fair Housing Act
The Fair Housing Act
(Civil Rights Act of 1968,
as amended) prohibits discrimination in housing. It makes it illegal
to deny someone housing because of their
race/color, national origin, religion, sex,
disability, or because they have children.
But there is a part of the Act that looks
different and seems out of place. It looks a
little like a building code giving accessibility standards for the design and construction of multifamily buildings. Most
people refer to building accessibility
standards as “ADA standards,” but these
are not part of the American with Disabilities Act (ADA), but in the Fair Housing
Act. What’s going on here?
1988 Amendments to Fair Housing Act
In 1988 the Fair Housing Act was being
amended to strengthen its enforcement provisions. An ADA bill also
was introduced in the same Congressional session. When it became
clear that the ADA was not going to
pass that year, the accessibility design and construction standards for
housing were added to the Fair
Housing Act amendment.
Is it ADA or Fair Housing?



The Civil Rights leaders who
worked to strengthen fair housing
protections recognized the movement for
disability rights as part of the larger civil
rights movement. The Fair Housing Act
Amendment of 1988, including the accessibility standards, was passed by Congress
and signed by President Ronald Reagan.
Two years later, in 1990, the Americans
with Disabilities Act was signed into law.
The Fair Housing Act covers dwellings,
places where people live.
The ADA covers offices, stores, public
buildings and actions by governments.
Both require reasonable accommodations
(relating to policies or practices) or modifications (relating to physical structures).
This year is the 25th Anniversary of the
Americans with Disabilities Act. HOME
is working with disability groups in the
Cincinnati area to celebrate this important
anniversary. Civil rights include protecting people with disabilities from discrimination. And isn’t it only fair to build housing that is accessible to all people?
Case Update
National Origin
Families with Children
The Ohio Civil Rights Commission found
Probable Cause of discrimination based
on national origin against a Hyde Park
landlord who asked someone calling
about a vacancy “Are you Mexican?”
When the person said “yes,” the landlord
abruptly hung up and would not answer
when the person attempted to call back.
HOME filed a housing discrimination
complaint against a Williamsburg, Ohio,
landlord who advertised on Craigslist that
there could be no more than 2 children in
a 3-bedroom rental property. Testing
confirmed that they would not rent to a
family with more than 2 children while
they welcomed a household with 4 adults.
2014 By the Numbers
1,971 people called HOME for help with
housing issues.
 591 had discrimination complaints or
inquiries.
 1,380 had landlord-tenant and other
housing problems.
HOME’s Mobility program assisted 77
families with Housing Choice Vouchers
move to low-poverty neighborhoods.
HOME reached 2,989 people with fair
housing training and consumer education.
 1,730 attended consumer education
presentations
 1,259 Realtors and landlords attended
training
WHAT THIS PLACE NEEDS
IS
YOU.
Racial Discrimination
HOME assisted a professional
African American woman moving to
Cincinnati for a job file a racial discrimination complaint against a Blue
Ash complex. Her experience in
trying to rent an apartment left her
frustrated and wondering if she had
made the right decision in relocating.
HOME assisted a couple with children file a racial discrimination complaint against a Green Township
landlord. The couple was told the
unit was too small for their family;
however testing showed that the
issue was not the children, but the
race of the family.
2
PLEASE GIVE.
GIVE
ADVOCATE.
ADVOCATE
VOLUNTEER.
VOLUNTEER
www.uwgc.org
BECAUSE GREAT THINGS HAPPEN
WHEN WE LIVE UNITED.
NEWS FROM HOME
Winter 2015
Exclusionary Zoning in Cincinnati
By Elizabeth Brown
HOME Executive Director
Cincinnati is in the process of revising its
zoning code and creating a new Land Development Code. The revision of this
massive document is an opportunity to fix
those zoning regulations that restrict residents’ fair housing choice.
The code contains numerous definitions
and classifications of zones based on who
lives in residential property. For example,
throughout the zoning code the City regulates where you are allowed to live in
Cincinnati depending on whether you are
a nun, a student, a fraternity member,
elderly, a person with a developmental
disability, or homeless. These are only
examples of some of the many zoning
distinctions made based on who we are.
This level of government control over
where people are allowed to live is unnecessary. Other laws and regulations exist to
protect health and safety. The Housing
Code sets a reasonable occupancy standard of how many people can live in a
house based on square footage to prevent
overcrowding. It should not matter whether the individuals are students, are elderly,
or need help because they have a disability. State licensing laws exist to protect
the safety of residents in group homes that
provide caregiving or treatment. Additional zoning restrictions keeping people
out of certain parts of the city because of
who they are and who they choose to live
with are unnecessary and waste taxpayers’ dollars to enforce.
Some of these
zoning classifications could be
challenged as
illegal discrimination to the
extent they restrict the hous-
ing choices of groups protected by the fair
housing laws, such as people with mental
or physical disabilities.
When the City says permanent supportive
housing is not permitted where other
multi-family residential buildings are
allowed, it is keeping out people with
disabilities because they need support in
their housing.
HOME has provided comments asking
the City to eliminate all zoning classifications based on who lives in residential
property.
View the draft of the
Cincinnati Land Development Code at:
www.cincinnati-oh.gov/planning/zoning/.
Ask Janet
Janet Brown is
HOME’s tenant
advocate. In addition to serving clients who call the
office, she answers
inquiries from the
'Ask a Question'
form on HOME's
website, www.homecincy.org. HOME
does not give legal advice, but provides
general information about Ohio landlordtenant law and helps tenants understand
their options.
Victoria: I have lived in my apartment for
two years. My year’s lease was up last
month and so I guess I am now a monthto-month tenant. The landlord gave me a
30-day notice to leave the premises for no
reason. I feel that I am a good tenant. Is
this legal?
Janet: Under Ohio tenant-landlord law, if
a tenant pays rent monthly and doesn’t
have a written lease that says something
else, she is considered a month-to-month
tenant. Either the tenant or the landlord
may end the tenancy by giving the other a
30-day notice without giving any reason.
That is why most tenants prefer the security of a year lease.
Aleah: What can you do when the landlord continues to raise your rent amounts?
Janet: Ohio law has no provision for rent
control. A landlord can raise the rent at
the end of a lease or by giving a 30-day
notice to a month-to-month tenant. The
tenant’s only recourse is to move to less
expensive housing. The exception is subsidized housing where Federal rules determine the tenant’s share of the rent based
on household income.
3
Lisa: I have lived in my apartment complex for over five years. A new management company recently took over and is
placing some people on month-to-month
leases and letting some people stay on
yearly leases. How can a landlord display
favoritism like that in their tenants?
Janet: Most tenants begin their yearly
leases at the time of move-in, but everyone moves in at different times. When
your lease ends, the new management
company could set different rules because
your lease has expired. If a neighbor
moved in at a different time, his lease is
good until it expires. This difference in
timing often explains why neighbors are
paying different rental rates or have different terms. However, if you think there
is favoritism based on something else,
please call HOME so we can see if there
may be illegal discrimination.
4
HOME Education Director Deb Jetter was recognized Jan. 15 before an
audience of about 750 Realtors and their associates as the Cincinnati Area
Board of Realtors’ first-ever “Affiliate of the Year.” The awards committee
led by Roger Leist of Leist Realtors noted Deb’s ongoing commitment to
developing training programs and teaching real estate professionals about
fair housing and related housing industry standards.
Top Honor
NEWS FROM HOME
Winter 2015
Housing Opportunities Made Equal
Your United Way Agency Partner
2400 Reading Road, Suite 118
Cincinnati, Ohio 45202
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