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The Two New Words in Your Fair Housing Vocabularly: "Uh Oh"

The Two New Words in Your Fair Housing Vocabularly: "Uh Oh"

A few weeks back I posted here at MFI about the two most important words in Fair Housing for this year – disparate impact.  I shared that the Supreme Court would be hearing a case (Gallagher v. Magner) this spring (it was actually scheduled for arguments on February 29th)  and would rule on whether disparate impact should be part of fair housing law.  Well, now that ain’t going to happen – the Supreme Court will not weigh in because the parties in the case have settled.

 

So why should you care?  Why or how will this matter to you? 

 

Well, I went to one of my most trusted attorney sources for her take on this.  What did Terry Kitay have to say?  Here goes:  The fact that the Supreme Court won't be hearing this case means (to me) that the HUD proposed rule [on disparate impact] will become final without major edits, and there will a large spate of "discriminatory effects" cases around the country.  I've already had clients tell me they've gotten letters from various advocacy groups accusing them of disparate impact discrimination based on their policies on criminal history, failure to accept Section 8, etc.

 

I had alerted you with my previous post to when I wrote: The industry may not be able to require criminal background checks (just as certain protected employment groups were unintentionally impacted by the “clean shaven” policy, certain protected housing groups are more likely to have criminal backgrounds).  Could this be applied to income standards?  Possibly, as certain groups earn less.  (If I show you that I historically pay my rent on time, what does my income really matter?) 

It could get really busy and pretty ugly out there – I’d like you to let me know through this blog what you might be hearing in the near future. And I will of course be sharing what I might hear as well.

“Uh Oh” indeed.

 
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Thanks for this post Nadeen. It seems that things may get really interesting and really scary for owners and operators.

  Sondrah Laden
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When Felon's become a protected class, is when I may be forced to leave the industry. It's funny that when felons are locked up and their freedom is susupended, we all agree that they have forfeited their rights as citizens. However, now, they want us to lease to them as "everyone has a right to housing". What then? Will they have to disclose that they are offenders and register like sex offenders do? And why shouldn't we qualify renters on their income? We are creditors too!!! It is my experience that some renters will try to rent anywhere they can. I have prospects that just come in and ask for applications without even seeing the community. This, to me, shows desperation. When I worked in Government housing, I saw this quite a bit. I recently took an application from someone who was previously evicted, completely ruined the new carpet in her unit, and basically destroyed the unit. When I denied her application, it was amazing to me how she objected and lied about any knowledge of this happening. We lose thousands of dollars every year to renters who do not respect property, community policies and do not pay their rent. One would think that the roof over their head would be a priority in life. However, when Government makes it possible for them to continue this behavior, what options do we have as landlords? Maybe these legislators should walk a mile in our shoes and become neighbors to the people they are so called protecting.

  Little Brother
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Thanks Nadeen for keeping us updated on such critical fair housing issues. We should all be very concerned not only for our communities but for our residents as well if this should ever come to fruition.

  Teresa Bruno
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I hope felons will not become a protected class, but I do think there should be ways for exceptions to be made, and humans should have a right to obtain housing, even those who have made mistake and paid for them.

I had an applicant who got into a fight in high school. Because he had just turned 18, he will forever have a felony assault charge on his record and will never be able to rent a decent apartment, receive financial aid to go to college, or get a living wage job. He was a respectable young man whose only priorities were keeping a job and getting a roof over his head.

There needs to be some middle ground. Our criteria states that some convictions will prevent approval for seven years, but some, like assault, are lifetime. To lump this young man in with sex offenders and murderers is unfair.

Another one is the young lady who was at a party, also in high school. Because drugs were "passed around." at the party, everyone there ended up with felony distribution convictions. Even those who didn't even know there were drugs present. Fortunately she was able to get an education at her own expense and made great money working for herself- but she couldn't, and never will, be able to obtain rental housing.

I see these prospects all the time. Sure, some of them are probably lying, but definitely not all. In the case of the girl, she could have rented anywhere by claiming a fair housing disability that protects recovered drug addicts, but she refused to lie and say she had used when she had not.

Another thing to consider is, do we really want to lump all the felons together in the same communities and neighborhoods where they are exposed to continuous bad influences? I'd rather have a few in each neighborhood so they are influenced by the positive behavior and respect of their neighbors. Not everyone was taught right from wrong. Some have to learn it from other productive members of society.

If someone has paid their debt to society,...

I hope felons will not become a protected class, but I do think there should be ways for exceptions to be made, and humans should have a right to obtain housing, even those who have made mistake and paid for them.

I had an applicant who got into a fight in high school. Because he had just turned 18, he will forever have a felony assault charge on his record and will never be able to rent a decent apartment, receive financial aid to go to college, or get a living wage job. He was a respectable young man whose only priorities were keeping a job and getting a roof over his head.

There needs to be some middle ground. Our criteria states that some convictions will prevent approval for seven years, but some, like assault, are lifetime. To lump this young man in with sex offenders and murderers is unfair.

Another one is the young lady who was at a party, also in high school. Because drugs were "passed around." at the party, everyone there ended up with felony distribution convictions. Even those who didn't even know there were drugs present. Fortunately she was able to get an education at her own expense and made great money working for herself- but she couldn't, and never will, be able to obtain rental housing.

I see these prospects all the time. Sure, some of them are probably lying, but definitely not all. In the case of the girl, she could have rented anywhere by claiming a fair housing disability that protects recovered drug addicts, but she refused to lie and say she had used when she had not.

Another thing to consider is, do we really want to lump all the felons together in the same communities and neighborhoods where they are exposed to continuous bad influences? I'd rather have a few in each neighborhood so they are influenced by the positive behavior and respect of their neighbors. Not everyone was taught right from wrong. Some have to learn it from other productive members of society.

If someone has paid their debt to society, should they be forever sentenced to homelessness?

I have several felons in my building that qualified by appealing their denials via fair housing. They are my best residents. I've never had a late payment or complaint from or about any of them. They are the ones who truly appreciate having a place to live because they know how hard it is to find.

Felons should not be encouraged to continue bad behavior, but they should be able to obtain safe, quality housing.

Here's an interesting story to consider: about a year ago I had a prospect that came in to look at our apartments. I asked her why she was moving. She told me she just needed a "new start." She filled out an application and was approved. Her name sounded familiar so I googled it. She had murdered her children decades ago but she was deemed mentally ill so she spent many years in a mental hospital and was eventually released. She seemed so put-together and professional, but I have to admit, I am glad she decided not to move to my community. I doubt anyone more than a few years younger than I am would have remembered her name from the news so long ago. Should she be entitled to housing? Would you want her as your neighbor?

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  Rose M
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If felons become a protected class then what about protecting those that were "good little boys and girls". Scary!

  Jennifer Hogan

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