PENNSYL PENNSYLVANIA ANIA HUMAN HUMAN RELA RELATIONS TIONS COM - - PowerPoint PPT Presentation

PENNSYL PENNSYLVANIA ANIA HUMAN HUMAN RELA RELATIONS TIONS COM COMMISSION MISSION Pennsylvania’s Civil Rights Rights Agenc Agency

Fair Housing in air Housing in Pennsylvania ennsylvania —

It’s Your Right.

Who is PHRC?

Two-Part Mission:

• Enforce PA non-

discrimination laws

• PA Human Relations Act
• PA Fair Educational Opportunities

Act

• Promote Equal Opportunity

for ALL in PA

Promoting Equal Opportunity

Key Partnerships

• Community Relations &

Activities Task Force

PA Attorney General PA State Police Other local, state & federal partners

• PHRC Advisory Councils

Blair, Cambria (Johnstown), Centre, Montgomery, Monroe, and York counties

• Local Commissions
• Advocacy Organizations

Promoting Equal Opportunity

Training

• schools, employers,

community organizations

Request online at www.phrc.state.pa.us

6

Three Regions Served by PHRC

What Do Our Laws Cover?

• Employment
• Housing
• Commercial Property
• Public Accommodations
• Education

What Classes Are Protected?

• Race or color
• Sex
• Age (40 or over)
• Religion
• National Origin
• Ancestry
• Disability
• Use, handling or training of support

animals for disability

• Familial status
• Retaliation

PHRC Intake Process

Request for Information. Caller sent paper questionnaire or referred to website for on-line filing Questionnaire or Initial Inquiry Received (Walk-In, Fax, Mail or On-line) Assigned to Intake Investigator Information assessed for timeliness and jurisdiction. Complainant Interviewed (If not timely or not jurisdictional) Complainant is suspended. If appropriate Complainant is referred to EEOC or HUD (If timely and jurisdictional) Complainant Drafted and mailed to Complainant for signature and verification Once a signed complaint is received the complaint is filed If signed complaint is not returned the case is suspended

PHRC Complaint Process

Complaint Filed Complaint Docketed Complaint Served Respondent Answer Investigation Fact-Finding Conference (in most cases) Voluntary Settlement (without finding) Continued Investigation Finding No Probable Cause Probable Cause Possible Appeal Conciliation Effort Settlement Public Hearing* Charge not established Discrimination Found Cease & Desist Order & Remedy Compliance Possible Court Review Possible Court Review

• HUD: 4 or more properties or if you publically

advertise vacancies and/or get Federal funding with even only 1 property

• PHRA: 1 property regardless of funding or

advertising

• You have 180 days from the act of harm to file

a complaint with PHRC and 365 days to file a complaint with HUD.

• All eligible complaints will be dual-filed with

HUD

Housing Jurisdiction

Section 504 of the Rehabilitation Act

Prohibits discrimination on the basis of a disability towards “otherwise qualified” people with disabilities by recipients of federal financial assistance

Protected Classes in Housing

Familial Status

• Families with

children under the age of 18 living with parents or legal custodians

• Pregnant women
• People securing

custody of children under the age of 18

Protected Classes in Housing

Age Related Issues

• 55 and Over Communities
• Only one resident needs to be 55 or older
• 80% of units must be occupied by at least one

person who is 55 and older

• Cannot deny tenants with children under 18
• Federal law says that they may deny use of some

services to those under 55

• They may advertise and market as 55 and older
• 62 and Over Communities
• Must be certified by the government
• This is the only exception to not allowing children or

anyone under age 62

Unlawful Practices

• Printing or circulating st

state temen ments ts indica indicating ting a pr a pref efer eren ence ce or

• r

li limita mitation tion related to protected class

Examples:

“near Catholic school” “perfect for empty-nesters” “near Korean grocery” “great for singles”

Unlawful Practices The following words may violate the advertising provisions of the PHRA:

Able Bodies, Adult, *Child/Children, Christian, Couple, Crippled, Empty Nester, Ethnic Neighborhood or Group, Foreigners, Handicapped, Ideal for…, Immigrants, Independently capable of living, Integrated, Interracial, Mixed Community, Nationality, Newlyweds, Perfect for, Prefer, **Retired Persons, *Retirees, *Senior, Suitable For, Young, Youthful

*Unless in relation to housing for older persons

Unlawful Practices The following phrases DO violate the advertising provisions of the PHRA:

Adult atmosphere, Mature adults preferred, Great for retired couple, Great for couple just starting out, No kids, Perfect for empty nesters, Couples only, Separate building for adults, Ideal for singles, Young professionals, Professional male preferred, Surround yourself with Christian neighbors…

Unlawful Practices

• Refusing to se

sell ll, , leas lease, e, fi fina nanc nce or

• therwise withhold housing or

commercial property

• Discriminating in te

terms ms or

• r con

condition ditions s

• f sale, lease or financing
• Discriminating in provision of fac

acil ilities, ities, se service vices s or

• r privile

privilege ges connected with

• wnership, occupancy or use of housing
• r commercial property

Unlawful Practices Examples:

• Higher fees for teenagers
• Fees for service animals
• Predatory lending
• Poor tenant service

Unlawful Practices

• Making inquir

inquiry y or

• r recor

ecord d related to protected class in connection with sale, lease or financing

Unlawful Practices

• Attempting to induce listing, sale or
• ther transaction, or discourage

purchase or lease by making direct or indirect references to present or future protected class composition of the neighborhood

• Sometimes called “steering”

Unlawful Practices

• Showing families with children homes

that are near a playground or school

• Housing all people from a particular

country or of a certain ethnicity in the same building

• Showing only “Ethnic” communities to

persons perceived to be from other countries

Zoning Laws and Fair Housing

Refusing to provide reasonable accommodations to land use or zoning policies when such accommodations may be necessary to allow persons with disabilities to have equal opportunity to use and enjoy the housing ➢Denying a request to modify a setback requirement so an accessible sidewalk

• r

ramp can be provided

Modification/Accommodation

What is the difference?

➢A reasonable modification is a structural change made to the premises; ➢A reasonable accommodation is a change, exception, or adjustment to a rule, policy, practice or service.

Unlawful Practices

Refusing to make reasona

easonable ble accomm accommoda

• dations

tions in rules, policies,

practices or services necessary to afford equal opportunity for a person with a disability to use and enjoy a housing accommodation

Examples: ➢ Not allowing a person with disability income to pay their rent on a different date than other tenants ➢ Not allowing a person with a disability to have a service animal when there is a no pet policy

Unlawful Practices

• Refuse to allow a person with a disability

pe permissio mission to n to mo modify an dify and d pa pay f y for

• r cha

hang nges es to enable them to use a facility

• Renters must agree to restore interior to original condition,

minus wear & tear

• NOTE - If the housing provider receives federal funds they

are required to pay for the modification not the tenant.

Examples: ➢ Not allowing a tenant to install grab bars in bathroom ➢ Not allowing a tenant in a wheelchair to construct a ramp

Accessibility

• Accessible means being in compliance

with the standards set forth in

➢ the Fair Housing Act ➢ the Americans with Disabilities Act and ➢ the Act of September 1, 1965 entitled “An act requiring that certain buildings and facilities adhere to certain principles, standards and specifications to make the same accessible to and usable by persons with physical handicaps, and providing for enforcement”

Accessibility

• It is unlawful to construct

housing or commercial property that isn’t accessible for people with disabilities.

• Owners are required to

make modifications to existing buildings so they can be accessible

Accessibility

Existing buildings are still required to be made accessible under the law Owners are required to remove barriers that are readily

• achievable. Examples include:

➢handicapped parking spaces ➢ramps on the entrance doors ➢accessible features in the bathrooms

Service/Support Animals

• It’s not a choice.
• It’s a right.
• It’s a necessity.
• It’s a support animal.
• Under the Pennsylvania Human

Relations Act, it is illegal to discriminate against individuals who use support or guide animals for a disability.

Service and Support Animals in PA

A person can file a complaint for the following actions she/he believes is discriminatory:

• Failure to allow

service/support animal

• Having breed or weight

restrictions

• Different terms and

conditions

• Charging a pet fee

Service vs. Support Animals

What is the difference between a “service” and “support” animal?

• A service animal is generally trained to perform a

specific task. A service animal generally supports someone with a physical disability.

• A support animal may not have any special

training but instead serves a function for the individual with a disability such as keeping them calm or helping them manage a condition that we cannot see or is not obvious.

Service/Support Animals

• PA law is more liberal than Federal law
• Not just dogs
• Can be for physical or emotional

support

• No certification or license is required
• Animal does not need vest or special

tags

Service and Support Animals in PA

What Questions Can I Ask?

Service and Support Animals in PA 1) Is this animal required

because of a disability? 2) What work or task does this animal do for you?

Service/Support Animals

• Housing provider CAN ask for proof of

need but NOT tenant’s actual medical condition

• Medical note of need does not need to

be from primary physician

• If need is documented no pet fees can

be charged

Service and Support Animals in PA

• Questions should not be asked if the need for the service

animal is obvious (e.g., the dog is guiding an individual who is blind or is pulling a person’s wheelchair).

• A public entity or private business may not ask about the

nature or extent of an individual’s disability or require documentation, such as proof that the animal has been certified, trained or licensed as a service animal, or require the animal to wear an identifying vest.

2014, ADA National Network (www.adata.org).

What Questions Can’t I Ask?

Service and Support Animals in PA

What Questions Can’t I Ask?

• A housing provider or staff member CANNOT

request a demonstration of the ability by the animal.

• Nor can they place weight or breed specific

limitations on the animal.

Service and Support Animals in PA

Refusing to provide reasonable accommodations to zoning policies when such accommodations may be necessary to allow persons with disabilities to have equal

• pportunity to use and enjoy the housing

➢Denying a request to allow a “farm” animal may violate a reasonable accommodation request

Service/Support Animals

• If documentation is not provided timely housing

provider can deny accommodation

• Service animals must abide by the rules of the

community i.e. cannot attack or otherwise disturb the enjoyment of other tenants and guests

• If there are limits on breeds or weight limits they

must be waived for service/support animals

• Animals must follow State and Local

regulations.

Failure to Admit/Provide Service Remember the animal is an extension of the person

• They must have full access to the facility

like those without a service/support animal

• They cannot be restricted in where they are

permitted to sit or shop

Consider…

• Would you ask this

woman if she has a disability?

• Would you question

if she needed to use this cane?

Consider…

• Would you

be worried that her cane might scare or even harm someone?

Consider…

Then why question

people with service and

support animals?

Investigation Of Complaints

➢Does Complainant have a disability (physical or mental)? ➢Did Respondent know or have reason to know of the disability? ➢Does Complainant need a reasonable accommodation or modification? ➢Did Respondent know about Complainant’s need? ➢Did Respondent refuse to make the accommodation, modification or offer a reasonable alternative?

Investigation Results

If Complainant presents a prima facie case, Respondent must: ➢Demonstrate that it engaged in an interactive process; ➢Show that it offered an alternative accommodation/modification that would meet the complainant’s needs; or ➢Show that providing an accommodation or allowing a modification would be an undue hardship.

Undue Hardship

Reasonable Accommodation 16 Pa. Code § 45.5 ➢ A person may not deny a person with a handicap or disability the opportunity to use, enjoy or benefit from housing accommodations or commercial property if the basis of the denial is the need for a reasonable accommodation ➢ The factors to be considered in determining whether an undue hardship is imposed by the requirement that a reasonable accommodation be made for the handicap or disability of a person include the following: (1) The extent, nature and cost of the accommodation required, including the

• verall size and nature of the housing accommodation or commercial property.

Financial capability shall be a factor when raised as a part of an undue hardship defense. (2) The extent to which a person with a handicap or disability can reasonably be expected to need and desire to use, enjoy or benefit from the housing accommodation or commercial property which is the subject of the proposed reasonable accommodation. (3) The requirements of other laws or contracts, to the extent they are not preempted by the act. (4) The extent to which the accommodation would pose a demonstrable threat of harm to the health and safety of others

Disability

In 2015-16, Disa Disability bility-rela elated ted complaints complaints made up 38% of all housing complaints in PA.

Top Three Complaint Bases 2015-’16

Housing

Disability 41% Race/Color 25% Retaliation 12%

Employment

Retaliation 22% Race/Color 17% Sex 17% Age 17% Disability 16%

Public Accommodations

Disability 39% Race/Color 30% National Origin 11%

Education

Disability 45% Retaliation 25% Race/Color 20%

(Percentages are rounded to nearest whole numbers.) *Numbers are estimations. Final 2013-’14 statistics have not yet been compiled.

This chart shows some remedies that could be available for Housing Cases:

What Are Potential Remedies?

Lease or Rent Eviction stopped Reasonable accommodations Modifications made to housing units Money for pain and embarrassment Changes to housing agreements

What Is Wrong With This Picture?

Pennsylvania Association of Realtors

“ Please do not ask, or expect to be shown homes or properties according to the racial, religious, or ethnic characteristics of the neighborhood in which homes are located. Company policy, as well as Federal Law, prohibits us from placing any such restrictions

• n showings or information about the availability of

homes or properties for sale or rent.”

You must file your complaint within 180 days of the discriminatory act.

www www.phr .phrc.sta c.state te.pa.us .pa.us

PA F A Fair air Housing Housing Hotline Hotline

Toll

• ll fr

free ee 855

855-866 866-5718 5718 File A Complaint

Central and Harrisburg Regional Office 333 Market Street, 8th Floor Harrisburg, PA 17101 717-787-9780

Contact Us