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Slide Notes
Facilitator: Introductions
(read)
This presentation is created by the Northwest Fair Housing Alliance, Spokane, WA in partnership with the YWCA, Spokane for use by fair housing, domestic violence, and gender justice advocates for training, education, and outreach purposes.
This presentation may be customized with your agency logo, presenters names, local laws and other state specific data.
Please contact shannon@nwfairhouse.org prior to any re-use or adaption.
(read)
This presentation is created by the Northwest Fair Housing Alliance, Spokane, WA in partnership with the YWCA, Spokane for use by fair housing, domestic violence, and gender justice advocates for training, education, and outreach purposes.
This presentation may be customized with your agency logo, presenters names, local laws and other state specific data.
Please contact shannon@nwfairhouse.org prior to any re-use or adaption.
Sex Discrimination in Housing
Published on Nov 18, 2016
DV: VAWA, Fair Housing Act & Nuisance Ordinances
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PRESENTATION OUTLINE
Sex Discrimination
The Fair Housing Act & Domestic Violence
Facilitator: Introductions
(read)
This presentation is created by the Northwest Fair Housing Alliance, Spokane, WA in partnership with the YWCA, Spokane for use by fair housing, domestic violence, and gender justice advocates for training, education, and outreach purposes.
This presentation may be customized with your agency logo, presenters names, local laws and other state specific data.
Please contact shannon@nwfairhouse.org prior to any re-use or adaption.
(read)
This presentation is created by the Northwest Fair Housing Alliance, Spokane, WA in partnership with the YWCA, Spokane for use by fair housing, domestic violence, and gender justice advocates for training, education, and outreach purposes.
This presentation may be customized with your agency logo, presenters names, local laws and other state specific data.
Please contact shannon@nwfairhouse.org prior to any re-use or adaption.
Photo by The Advocacy Project
Legal
- Northwest Fair Housing Alliance & grantee partner, YWCA Spokane, are solely responsible for the accuracy of the statements and interpretations contained in this publication.
- Such interpretations do not necessarily reflect the views of the Government or the Department of Housing and Urban Development.
Development of these materials was funded through Housing and Urban Development's Education & Outreach Initiative Programs: EOI-NP Sex Discrimination Grant--FH200G15005.
The authors are solely responsible for the accuracy of the statements and interpretations contained in this publication.
Such interpretations do not necessarily reflect the views of the Government or the Department of Housing and Urban Development.
Presented [Date, webinar/Conference, Location]
The authors are solely responsible for the accuracy of the statements and interpretations contained in this publication.
Such interpretations do not necessarily reflect the views of the Government or the Department of Housing and Urban Development.
Presented [Date, webinar/Conference, Location]
HUD
US Dept of Housing & Urban Development
Presenters should be familiar with the following HUD memos & guidance:
1. Memo, Feb. 9. 2011, FHEO Sara K. Pratt, "Assessing Claims of Housing Discrimination against Victims of Domestic Violence under the Fair Housing Act (FHAct) and the Violence Against Women Act (VAWA)
2. Sept. 13, 2016 "Office of General Counsel Guidance on Application of Fair Housing Act Standards to the Enforcement of Local Nuisance and Crime-Free Housing Ordinances Against Victims of Domestic Violence, Other Crime Victims, and Others Who Require Police or Emergency Services"
1. Memo, Feb. 9. 2011, FHEO Sara K. Pratt, "Assessing Claims of Housing Discrimination against Victims of Domestic Violence under the Fair Housing Act (FHAct) and the Violence Against Women Act (VAWA)
2. Sept. 13, 2016 "Office of General Counsel Guidance on Application of Fair Housing Act Standards to the Enforcement of Local Nuisance and Crime-Free Housing Ordinances Against Victims of Domestic Violence, Other Crime Victims, and Others Who Require Police or Emergency Services"
Home
What it is...what it can be...
What it is...what it can be...
Home is the private sphere in which one finds comfort, safety, shelter, acceptance...
Facilitator ask audience:
Q: What else?
[Capture responses on white board/paper. If in webinar format, invite attendees to use the chat feature to respond.]
Examples:
Reprieve from stress, Rest, Privacy, Stability, Status, Belonging, Community, Health & Identity...
MOST IMPORTANTLY--A leverage for obtaining or achieving other things: employment, food, education
Quotes:
"Home sweet Home."
"A man's home is his castle."
"Home is where the heart is."
"There's no place like home."
Home is the private sphere in which one finds comfort, safety, shelter, acceptance...
Facilitator ask audience:
Q: What else?
[Capture responses on white board/paper. If in webinar format, invite attendees to use the chat feature to respond.]
Examples:
Reprieve from stress, Rest, Privacy, Stability, Status, Belonging, Community, Health & Identity...
MOST IMPORTANTLY--A leverage for obtaining or achieving other things: employment, food, education
Quotes:
"Home sweet Home."
"A man's home is his castle."
"Home is where the heart is."
"There's no place like home."
Photo by Michael D. Dunn
Housing Protections: DV
Landlord/Tenant, State Laws, VAWA
Landlord/Tenant
In WA, the Residential Landlord Tenant Act, RCW 59.18.580:
Victim Protection--Limitation on tenant screening service provider disclosures and landlord's rental decisions.
State laws- vary, additional protections for victims in WA added in 2004
VAWA-Violence Against Women Act
(1994, 2005, reauthorized 2013) a nationwide law that protects victims of dating violence, stalking, or DV from eviction or termination in Public Housing or with Section 8 Housing Vouchers as well as most all other HUD funded housing programs.
In WA, the Residential Landlord Tenant Act, RCW 59.18.580:
Victim Protection--Limitation on tenant screening service provider disclosures and landlord's rental decisions.
State laws- vary, additional protections for victims in WA added in 2004
VAWA-Violence Against Women Act
(1994, 2005, reauthorized 2013) a nationwide law that protects victims of dating violence, stalking, or DV from eviction or termination in Public Housing or with Section 8 Housing Vouchers as well as most all other HUD funded housing programs.
Photo by Mammaoca2008
VAWA
Violence Against Women Act
VAWA prohibits evictions of women for the violent acts of their spouses, cohabiting partner, or visitors in public housing, voucher, and section 8 project based programs.
2015 HUD implemented Expanded Protections for Survivors of Domestic Violence
Note: although the name of the statute references only women, the substance of the statute makes it clear that its protections are not exclusively applicable to women...it does protect men.
2015 HUD implemented Expanded Protections for Survivors of Domestic Violence
Note: although the name of the statute references only women, the substance of the statute makes it clear that its protections are not exclusively applicable to women...it does protect men.
Photo by angela7dreams
HUD rental programs:
- Public Housing
- Section 8, Housing Choice Voucher (tenant based)
- Multi-family Project based Section 8
[VAWA]
Violence Against Women Act
VAWA Protects some domestic violence victims from eviction, denial of housing, or termination of assistance on the bases of the violence perpetrated by their abusers.
These protections apply to families receiving rental assistance under HUD’s public housing program, Housing Choice Voucher (HCV) program, and multi-family project-based Section 8 program.
Violence Against Women Act
VAWA Protects some domestic violence victims from eviction, denial of housing, or termination of assistance on the bases of the violence perpetrated by their abusers.
These protections apply to families receiving rental assistance under HUD’s public housing program, Housing Choice Voucher (HCV) program, and multi-family project-based Section 8 program.
Photo by alexabboud
Newly covered HUD Programs
- HOME Investment Partnerships
- 202 Supportive Housing for the Elderly
- Sect 236 Rental Program
- 811 Supportive Housing for people w/ disabilities
- Sec. 221(d)(3) Below Market Interest Rate Program (BMIRP)
THe VAWA 2013 reauthorization expanded legal protections to nearly all HUD programs.
Newly covered HUD Programs:
-HOME Investment Partnerships
-202 Supportive Housing for the Elderly
-Sect 236 Rental Program
-811 Supportive Housing for people w/ disabilities
-Sec. 221(d)(3) Below Market Interest Rate Program (BMIRP)
Newly covered HUD Programs:
-HOME Investment Partnerships
-202 Supportive Housing for the Elderly
-Sect 236 Rental Program
-811 Supportive Housing for people w/ disabilities
-Sec. 221(d)(3) Below Market Interest Rate Program (BMIRP)
Newly covered HUD Programs
- HOPWA (Housing Opportunities for Persons w AIDS)
- HUD's McKinney-Vento homeless
- Low-Income Housing Tax Credit Properties
- US Dept. of Agriculture Rural Housing
THe VAWA 2013 reauthorization expanded legal protections to nearly all HUD programs.Newly covered HUD Programs
-HOPWA (Housing Opportunities for Persons w AIDS)
-HUD's McKinney-Vento homeless
-Low-Income Housing Tax Credit Properties
-US Dept. of Agriculture Rural Housing
-HOPWA (Housing Opportunities for Persons w AIDS)
-HUD's McKinney-Vento homeless
-Low-Income Housing Tax Credit Properties
-US Dept. of Agriculture Rural Housing
Fair Housing Act & DV
the focus of today's presentation
Title VIII of the Civil Rights Act of 1968
Regulated by U.S. Department of Housing & Urban Development (HUD)
Enforced by agencies at Federal, State and local levels
WA State/local:
HUD, WA State Human Rights Commission, Seattle Office of Civil Rights, Fair Housing Center of Washington (Tacoma), Northwest Fair Housing Alliance (Spokane)
ID State/local:
HUD, Idaho Human Rights Commission, Intermountain Fair Housing Council (Boise)
OR State/local:
HUD, Oregon's Civil Rights Division, Fair Housing Council of Oregon
Regulated by U.S. Department of Housing & Urban Development (HUD)
Enforced by agencies at Federal, State and local levels
WA State/local:
HUD, WA State Human Rights Commission, Seattle Office of Civil Rights, Fair Housing Center of Washington (Tacoma), Northwest Fair Housing Alliance (Spokane)
ID State/local:
HUD, Idaho Human Rights Commission, Intermountain Fair Housing Council (Boise)
OR State/local:
HUD, Oregon's Civil Rights Division, Fair Housing Council of Oregon
Photo by mikecogh
What is Fair Housing?
- The Fair Housing Act protects people from discrimination when they are renting, buying, or securing financing for any housing.
https://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equa...
The Fair Housing Act protects people from discrimination when they are renting, buying, or securing financing for any housing.
The Fair Housing Act protects people from discrimination when they are renting, buying, or securing financing for any housing.
Photo by Jason Pier in DC
Federally Protected Classes
- Race
- Color
- National Origin
- Religion
- SEX
- Disability
- Familial Status
The prohibitions specifically cover discrimination because of race, color, national origin, religion, sex, disability and the presence of children.
Facilitator:
Please NOTE we are ALL members in these protected classes --Not necessarily intuitive.
Also note: these are listed in the order of the Civil Rights movement's historical developments.
Facilitator:
Please NOTE we are ALL members in these protected classes --Not necessarily intuitive.
Also note: these are listed in the order of the Civil Rights movement's historical developments.
Photo by KellyCDB
What housing is covered?
- Apartments, houses, condos
- Public housing
- HOAs (home owner associations)
- Mobile & Manufactured homes
- Transitional, Emergency & DV shelters
- Rooming houses
- College residence halls
- Cooperatives
The Fair Housing Act covers most housing.
In some circumstances, the Act exempts owner-occupied buildings with no more than four units, single-family housing sold or rented without the use of a broker, and housing operated by organizations and private clubs that limit occupancy to members.
In some circumstances, the Act exempts owner-occupied buildings with no more than four units, single-family housing sold or rented without the use of a broker, and housing operated by organizations and private clubs that limit occupancy to members.
Photo by jeff o_o
What is prohibited?
- Refuse to rent/sell/negotiate for housing
- Make housing unavailable
- Deny a dwelling
- Set different terms, conditions or privileges for sale/rental of a dwelling
- Provide different housing services or facilities
- Falsely deny that housing is available for inspection, sale, or rental
- For profit, persuade owners to sell or rent (blockbusting)
- Deny anyone access to or membership in a facility or service (such as a multiple listing service) related to the sale or rental of housing.
Refuse to rent or sell housing
Refuse to negotiate for housing
Make housing unavailable
Deny a dwelling
Set different terms, conditions or privileges for sale or rental of a dwelling
Provide different housing services or facilities
Falsely deny that housing is available for inspection, sale, or rental
For profit, persuade owners to sell or rent (blockbusting) or
Deny anyone access to or membership in a facility or service (such as a multiple listing service) related to the sale or rental of housing.
Refuse to negotiate for housing
Make housing unavailable
Deny a dwelling
Set different terms, conditions or privileges for sale or rental of a dwelling
Provide different housing services or facilities
Falsely deny that housing is available for inspection, sale, or rental
For profit, persuade owners to sell or rent (blockbusting) or
Deny anyone access to or membership in a facility or service (such as a multiple listing service) related to the sale or rental of housing.
Who must follow FH laws?
- Owners, managers, landlords, maintenance staff
- Housing Authorities & Shelter staff
- Real Estate Agents & Brokers
- Developers, contractors
- Banks, lenders, home insurance companies
- Advertisers, tenants, neighbors
Facilitators: this is not an exhaustive list
Owners, managers, landlords, maintenance staff
Housing Authorities & Shelter staff
Real Estate Agents & Brokers
Developers, contractors
Banks, lenders, home insurance companies
Advertisers, tenants, neighbors
Owners, managers, landlords, maintenance staff
Housing Authorities & Shelter staff
Real Estate Agents & Brokers
Developers, contractors
Banks, lenders, home insurance companies
Advertisers, tenants, neighbors
Photo by assortedstuff
WA State
- Marital Status
- Sexual orientation
- Gender Identity
- Military or Vet Status
Facilitator
Note: States and municipalities may add to the 7 federally protected classes, but not take away any of the 7.
In WA State, Marital Status, Sexual orientation, Gender Identity, Military or Vet Status
Note: States and municipalities may add to the 7 federally protected classes, but not take away any of the 7.
In WA State, Marital Status, Sexual orientation, Gender Identity, Military or Vet Status
Photo by FlyingColors (i) Contact
1974 Congress amended the FH Act
to include a ban on discrimination
based on SEX.
1974 Congress amended the FH Act to include a ban on discrimination based on SEX.
Photo by angela7dreams
FH Act Sex
- Sexual harassment is a form of prohibited sex discrimination, and,
- Domestic Violence falls under the protections through a disparate impact theory
Sexual harassment is a form of prohibited sex discrimination, and, Domestic Violence falls under the protections through a disparate impact theory.
Photo by christopherleonard
FH: Disparate Impact Theory
- A facially neutral housing policy, procedure or practice which disproportionately affects a protected class.
A facially neutral housing policy, procedure or practice which disproportionately affects a protected class.
The theory is that, even when consistently applied, WOMEN may be disproportionately affected by these policies because, as the overwhelming majority of DV violence victims, women are often evicted (or denied housing) as a result of the violence of their abusers.
The theory is that, even when consistently applied, WOMEN may be disproportionately affected by these policies because, as the overwhelming majority of DV violence victims, women are often evicted (or denied housing) as a result of the violence of their abusers.
Photo by flazingo_photos
Domestic (IPV) Violence
- “...is a pattern of abusive behavior used by someone to control an intimate partner.
- The abuse can be physical, sexual, verbal, emotional or psychological.”
“Domestic Violence is a pattern of abusive behavior used by someone to control an intimate partner.
The abuse can be physical, sexual, verbal, emotional or psychological.”
--Washington State Coalition Against Domestic Violence
The abuse can be physical, sexual, verbal, emotional or psychological.”
--Washington State Coalition Against Domestic Violence
Photo by Emmanuel Frezzotti
Facts:
- Women are 5x as likely as men to be victims of intimate partner violence
- 86.6% of violent incidents between intimate partners were committed against women
US DOJ report
“On average, 24 people per minute are victims of rape,
physical violence, or stalking by an intimate partner in the United States” – more than 12 million individuals over the course of a year. 26
26. CTRS. FOR DISEASE CONTROL AND PREVENTION, U.S. DEP’T. OF HEALTH & HUMAN SERV., UNDERSTANDING
INTIMATE PARTNER VIOLENCE (2014), https://www.cdc.gov/violenceprevention/pdf/ipv-factsheet.pdf
From 1994 to 2010, approximately 80 percent of the
victims of intimate partner violence in the nation were women. 27
27. See SUSAN CASTALANO, BUREAU OF JUSTICE STATISTICS, U.S. DEP’T. OF JUSTICE, Intimate Partner Violence, 1993–2010 1 (2015), http://www.bjs.gov/content/pub/pdf/ipv9310.pdf
“On average, 24 people per minute are victims of rape,
physical violence, or stalking by an intimate partner in the United States” – more than 12 million individuals over the course of a year. 26
26. CTRS. FOR DISEASE CONTROL AND PREVENTION, U.S. DEP’T. OF HEALTH & HUMAN SERV., UNDERSTANDING
INTIMATE PARTNER VIOLENCE (2014), https://www.cdc.gov/violenceprevention/pdf/ipv-factsheet.pdf
From 1994 to 2010, approximately 80 percent of the
victims of intimate partner violence in the nation were women. 27
27. See SUSAN CASTALANO, BUREAU OF JUSTICE STATISTICS, U.S. DEP’T. OF JUSTICE, Intimate Partner Violence, 1993–2010 1 (2015), http://www.bjs.gov/content/pub/pdf/ipv9310.pdf
Photo by Kevin N. Murphy
Nat’l Law Center on Homelessness & Poverty
- 1 in 4 homeless adults report that domestic violence was a cause of their homelessness
- Between 50-100% of homeless women have experienced DV or sexual violence at some point in their lives
NATIONAL LAW CENTER ON HOMELESSNESS & POVERTY, There’s No Place Like Home: State Laws that Protect Housing Rights for Survivors of Domestic and Sexual Violence 5 (2012) [hereinafter No Place Like Home],
https://www.nlchp.org/Theres_No_Place_Like_Home
“In some areas of the country 1 in 4 homeless adults reported that domestic violence was a cause of their homelessness, and between 50% and 100% of homeless women have experienced domestic or sexual violence at some point in their lives.”
https://www.nlchp.org/Theres_No_Place_Like_Home
“In some areas of the country 1 in 4 homeless adults reported that domestic violence was a cause of their homelessness, and between 50% and 100% of homeless women have experienced domestic or sexual violence at some point in their lives.”
Photo by D.C.Atty
Single women w/ children…
- 13x more likely to experience DV than married women w/ children
- 7x more likely than single women w/out children
No Place Like Home
Photo by wazari
Single moms
- Over 75% of homeless families in the U.S. were headed by single women with children in 2010
No Place Like Home
Photo by Scuola di Atene
Homelessness
- Domestic violence was the most common reason WOMEN gave for homelessness in 2007
No Place Like Home
Photo by K. Ulmer
What are some of the many complicated reasons a woman
may stay put despite the abuse?
Facilitator: Generate a list of audience responses on flip chart or white board
Children’s housing stability
Cost of relocating
Lack of available or affordable housing
Unable to qualifying for housing
Low or No income
Low or No credit
No employment, or rental history
No transportation
Pet’s safety
Children’s housing stability
Cost of relocating
Lack of available or affordable housing
Unable to qualifying for housing
Low or No income
Low or No credit
No employment, or rental history
No transportation
Pet’s safety
Photo by Jurgen Appelo
FHA claim of sex discrimination
w/DV--usually, Policy "Triggers"
In addition to sexually harassing conduct by a landlord or property manager, certain policies of housing providers after a woman experiences domestic violence could also give rise to a Fair Housing claim.
Photo by barryskeates
Policies
- Local Nuisance Ordinances
- "One strike" leases
- "Zero Tolerance for Violence"
- Mutual restraining orders
- Mutual arrests
[Disparate impact: A facially neutral housing policy, procedure or practice which disproportionately affects a protected class.]
"Neutral" policies
Local Nuisance ordinances-limits # of calls to police in a certain time period before being labeled as nuisance property and owner must mitigate
“One Strike” leases: “You, someone in your control or a guest, pose a threat to the safety and well being of other tenants in the complex.”
“Mutual restraining orders” or “mutual arrests” policies create the appearance of a criminal history for the victim
"Neutral" policies
Local Nuisance ordinances-limits # of calls to police in a certain time period before being labeled as nuisance property and owner must mitigate
“One Strike” leases: “You, someone in your control or a guest, pose a threat to the safety and well being of other tenants in the complex.”
“Mutual restraining orders” or “mutual arrests” policies create the appearance of a criminal history for the victim
Photo by Gunnar Wrobel
Example: "Nuisance Ordinances"
- Police notify owner of DV incidents or arrests at their property (required by law) and owners are advised they must "abate" the problem or face a variety of penalties.
Cities sanction landlords for their tenants behaviors.
For Landlords "abate" almost always means discouraging tenants from calling 911 or "evict"
While these local laws often aim to address drug, weapon, disorderly conduct and property crimes and ensure the quiet enjoyment of residents, they are frequently overly broad and, instead, have a chilling effect on the reporting of crime by crime victims--particularly victims of DV.
These laws are prevalent and there is a need for them to contain exceptions for victims of domestic violence incidents.
For Landlords "abate" almost always means discouraging tenants from calling 911 or "evict"
While these local laws often aim to address drug, weapon, disorderly conduct and property crimes and ensure the quiet enjoyment of residents, they are frequently overly broad and, instead, have a chilling effect on the reporting of crime by crime victims--particularly victims of DV.
These laws are prevalent and there is a need for them to contain exceptions for victims of domestic violence incidents.
Photo by Seattleye
"Nuisance Ordinances" con't
- Properties to which police are called a certain # of times in a certain amount of time are deemed nuisance properties and owners are advised they must "abate" or face a variety of penalties.
In some jurisdictions, an incident of domestic violence is defined as a nuisance without regard to whether the resident is the victim or the perpetrator of the domestic violence.
Some ordinances specifically define “excessive” calls for police or emergency services as nuisances, even when the person in need of services is a victim of domestic violence or another crime or otherwise in need of police, medical or other emergency assistance.
Some ordinances specifically define “excessive” calls for police or emergency services as nuisances, even when the person in need of services is a victim of domestic violence or another crime or otherwise in need of police, medical or other emergency assistance.
Photo by freefotouk
HUD memo
Local Nuisance & Crime Free Housing Ordinances
https://portal.hud.gov/hudportal/documents/huddoc?id=FinalNuisanceOrdGdnce....
"Office of General Counsel Guidance on Application of Fair Housing Act Standards to the Enforcement of Local Nuisance and Crime-Free Housing Ordinances Against Victims of Domestic Violence, Other Crime Victims, and Others Who Require Police or
Emergency Services"
"This guidance primarily focuses on the impact these ordinances may have on domestic violence victims, but the Act and the standards described herein apply equally to victims of domestic violence and other crimes and to those in need of emergency services who may be
subjected to discrimination prohibited by the Act due to the operation of these ordinances."
Conclusion:
"While the Act does not prohibit local governments from appropriately considering nuisance or criminal conduct when enacting laws related to housing, governments
should ensure that such ordinances and related policies or practices do not discriminate in violation of the Fair Housing Act. "
"Office of General Counsel Guidance on Application of Fair Housing Act Standards to the Enforcement of Local Nuisance and Crime-Free Housing Ordinances Against Victims of Domestic Violence, Other Crime Victims, and Others Who Require Police or
Emergency Services"
"This guidance primarily focuses on the impact these ordinances may have on domestic violence victims, but the Act and the standards described herein apply equally to victims of domestic violence and other crimes and to those in need of emergency services who may be
subjected to discrimination prohibited by the Act due to the operation of these ordinances."
Conclusion:
"While the Act does not prohibit local governments from appropriately considering nuisance or criminal conduct when enacting laws related to housing, governments
should ensure that such ordinances and related policies or practices do not discriminate in violation of the Fair Housing Act. "
Photo by Fæ
Spokane, WA
- HUD Memorandum, Sept.13, 2016
- reference14
- "In some jurisdictions, an incident of domestic violence is defined as a nuisance w/out regard to whether the resident is the victim or the perpetrator of the DV."14
Facilitator [modify slide for your location's municipal/local nuisance laws]
HUD Memorandum, Sept.13, 2016
Office of General Counsel Guidance on Application of Fair Housing Act Standards to the Enforcement of Local Nuisance and Crime-Free Housing Ordinances Against Victims of DV, Other Crime Victims and Others Who Require Police or Emergency Services
"In some jurisdictions, an incident of domestic violence is defined as a nuisance without regard to whether the resident is the victim or the perpetrator of the domestic violence. 14 "
14 See, e.g., SPOKANE, WASH., CODE § 10.08A.20(H)(2)(q) (2016),
https://my.spokanecity.org/smc/?Section=10.08A.020; see also Silenced, supra note 12, at 12; Anna Kastner, The
Other War at Home: Chronic Nuisance Laws and the Revictimization of Survivors of Domestic Violence, 103 CALIF.
L. REV. 1047, 1058 (2015); News Release, supra note 5
HUD Memorandum, Sept.13, 2016
Office of General Counsel Guidance on Application of Fair Housing Act Standards to the Enforcement of Local Nuisance and Crime-Free Housing Ordinances Against Victims of DV, Other Crime Victims and Others Who Require Police or Emergency Services
"In some jurisdictions, an incident of domestic violence is defined as a nuisance without regard to whether the resident is the victim or the perpetrator of the domestic violence. 14 "
14 See, e.g., SPOKANE, WASH., CODE § 10.08A.20(H)(2)(q) (2016),
https://my.spokanecity.org/smc/?Section=10.08A.020; see also Silenced, supra note 12, at 12; Anna Kastner, The
Other War at Home: Chronic Nuisance Laws and the Revictimization of Survivors of Domestic Violence, 103 CALIF.
L. REV. 1047, 1058 (2015); News Release, supra note 5
Photo by jcurtis4082
Example
- Policy of refusal to rent to women with a history of domestic violence victimization.
[Disparate impact: A facially neutral housing policy, procedure or practice which disproportionately affects a protected class.]
Policy of refusal to rent to women with a history of domestic violence victimization.
Policy of refusal to rent to women with a history of domestic violence victimization.
Photo by freeloosedirt
Example
- Eviction of victim based on "zero tolerance" policies for violence or crimes committed in housing
[Disparate impact: A facially neutral housing policy, procedure or practice which disproportionately affects a protected class.]
Eviction of victim based on "zero tolerance" policies for violence or crimes committed in housing
Eviction of victim based on "zero tolerance" policies for violence or crimes committed in housing
Photo by chrisinplymouth
Example
- Eviction of victim because of property damage caused by abuser
[Disparate impact: A facially neutral housing policy, procedure or practice which disproportionately affects a protected class.]
Eviction of victim because of property damage caused by abuser
Eviction of victim because of property damage caused by abuser
Photo by kevinspencer
How does LL learn about an applican'ts DV status?
Facilitator [read]
How does LL learn about APPLICANT'S DV status?
She currently resides in a DV shelter
She is working with a DV advocate to find housing
Her rental reference discloses DV
Background screening reveals: protection, restraining, or anti-harassment orders, sometimes arrests
Victim’s name appears on a criminal record of the abuser convicted of the crime creating the appearance of criminal history for the victim
Self disclosure
Q: How might a housing provider respond with "different terms and conditions"?
A: higher sec deposit
How does LL learn about APPLICANT'S DV status?
She currently resides in a DV shelter
She is working with a DV advocate to find housing
Her rental reference discloses DV
Background screening reveals: protection, restraining, or anti-harassment orders, sometimes arrests
Victim’s name appears on a criminal record of the abuser convicted of the crime creating the appearance of criminal history for the victim
Self disclosure
Q: How might a housing provider respond with "different terms and conditions"?
A: higher sec deposit
Photo by heipei
How does LL learn of a tenant's DV status?
Facilitator [reads]
Victim notifies housing provider of a protection or court order. Victim notifies
NOTE: this step is required by law for a victim to change the locks, move out, terminate or bifurcate a lease.
Local “Nuisance” ordinances--police notify property owner of a police response to a DV incident [required by law] and the possibility of the property becoming a “nuisance property” with adverse outcomes for the landlord if the issue is not “mitigated.”
“mitigation” = eviction
Property damage is caused by the abuser.
Other tenants/neighbors inform landlord/owner
Q: What may be the response of the housing provider?
A: Different terms and conditions—such as?
Result: Discriminatory Housing eviction
Victim notifies housing provider of a protection or court order. Victim notifies
NOTE: this step is required by law for a victim to change the locks, move out, terminate or bifurcate a lease.
Local “Nuisance” ordinances--police notify property owner of a police response to a DV incident [required by law] and the possibility of the property becoming a “nuisance property” with adverse outcomes for the landlord if the issue is not “mitigated.”
“mitigation” = eviction
Property damage is caused by the abuser.
Other tenants/neighbors inform landlord/owner
Q: What may be the response of the housing provider?
A: Different terms and conditions—such as?
Result: Discriminatory Housing eviction
Photo by Mark Brannan
DV victim's legal options
- Landlord Tenant laws
- State laws
- Tort claims
- FHA-file a Sex discrimination complaint
Photo by SalFalko
Eviction Cases
- Victims are often served eviction notices following DV incidents. Landlords cite the danger posed to other tenants by the abuser, property damage caused by the abuser, or other reasons for eviction.
- Several cases have challenged these evictions as violations of VAWA or the FH Act.
Facilitator [Provide a handout or an electronic resource of Eviction and Transfer Cases for attendees]
Eviction Cases—victims are often served eviction notices following DV incidents. Landlords cite the danger posed to other tenants by the abuser, property damage caused by the abuser, or other reasons for eviction. Several cases have challenged these evictions as violations of VAWA or the FH Act.
Alvera v. CBM Group, Case No. 01-857 (D. Or. 2001)
Warren v. Ypsilanti Housing Authority, Case Nol 4:02-cv-40034(E.D. Mich.2003)
Bouley v. Young-Sabourin 394 F. Supp. 2d 675 (D. Vt. 2005)
T.J. v. St Louis Housing Authority (2005)
Lewis v. North End Village, Case No. 2:07-cv-10757 (E.D. Mich. 2007)
Brooklyn Landlord v. R.F. (Civil Court of Kings County 2007)
Eviction Cases—victims are often served eviction notices following DV incidents. Landlords cite the danger posed to other tenants by the abuser, property damage caused by the abuser, or other reasons for eviction. Several cases have challenged these evictions as violations of VAWA or the FH Act.
Alvera v. CBM Group, Case No. 01-857 (D. Or. 2001)
Warren v. Ypsilanti Housing Authority, Case Nol 4:02-cv-40034(E.D. Mich.2003)
Bouley v. Young-Sabourin 394 F. Supp. 2d 675 (D. Vt. 2005)
T.J. v. St Louis Housing Authority (2005)
Lewis v. North End Village, Case No. 2:07-cv-10757 (E.D. Mich. 2007)
Brooklyn Landlord v. R.F. (Civil Court of Kings County 2007)
2001-'05
- Alvera v. CBM Group, Case No. 01-857 (D. Or. 2001)
- Warren v. Ypsilanti Housing Authority, Case Nol 4:02-cv-40034(E.D. Mich.2003)
- Bouley v. Young-Sabourin 394 F. Supp. 2d 675 (D. Vt. 2005)
- T.J. v. St Louis Housing Authority (2005)
NOTE: If Facilitator has provide a handout or an electronic resource of Eviction and Transfer Cases for attendees, this slide can be deleted.
2007
- Lewis v. North End Village, Case No. 2:07-cv-10757 (E.D. Mich. 2007) Brooklyn Landlord v. R.F. (Civil Court of Kings County 2007)
2007
- Lewis v. North End Village, Case No. 2:07-cv-10757 (E.D. Mich. 2007) Brooklyn Landlord v. R.F. (Civil Court of Kings County 2007)
NOTE: If Facilitator has provide a handout or an electronic resource of Eviction and Transfer Cases for attendees, this slide can be deleted.
2007-'09
- Jones v. Housing Authority of Salt Lake County (D. filed 2007)
- Cleaves-Milan v. AIMCO Elm Creek LP, 1:09-cv-06143 (N.D.Ill., filed October 1, 2009)
NOTE: If Facilitator has provide a handout or an electronic resource of Eviction and Transfer Cases for attendees, this slide can be deleted.
Transfer cases
- Victims will also sometimes request transfers within a housing authority in order to escape an abuse. Two recent cases have challenged the denial of these transfers as sex discrimination under the Fair housing Act, with mixed results.
Facilitator [Provide a handout or an electronic resource of Eviction and Transfer Cases for attendees]
Victims will also sometimes request transfers within a housing authority in order to escape an abuse. Two recent cases have challenged the denial of these transfers as sex discrimination under the Fair housing Act, with mixed results.
Victims will also sometimes request transfers within a housing authority in order to escape an abuse. Two recent cases have challenged the denial of these transfers as sex discrimination under the Fair housing Act, with mixed results.
2005-'08
- Blackwell v. H.A.Housing LP, Civil Action No. 05-cv-01225-LTB-CBS (D. Colo. 2005)
- Robison v. Cincinnati Metropolitan Housing Authority, Case No. 1:08-CV-238 (S.D. Ohio 2008)
NOTE: If Facilitator has provide a handout or an electronic resource of Eviction and Transfer Cases for attendees, this slide can be deleted.
2007 Tanica Lewis v. The North End Village
- ...the management company's policy of evicting Domestic Violence victims because of their abuser's actions constitutes sex discrimination in violation of the federal Fair Housing Act and Michigan's Civil Rights Act.
- Undisclosed $$ settlement.
Photo by Great Beyond
2013 Briggs v. Borough of Norristown, PA
- In August 2014, Norristown, voted to repeal the ordinance and agreed to pay $495,000 in attorneys' fees and damages to Briggs to settle the case.
Facilitator [reads]
"For example, a woman in Norristown, Pennsylvania who had been subjected to domestic violence by her ex-boyfriend was warned by police that if she made one more 911 call, she and her young daughter would be evicted from their home pursuant to the local nuisance ordinance.32
The ordinance operated under a “three strike” policy, allowing her no more than two calls to 911 for
help. As a result, the woman was too afraid to call the police when her ex-boyfriend returned to
her home and stabbed her. Rather than call for an ambulance, she ran out of her house in the hope
she would not lose her housing.33
A neighbor called the police and, due to the serious nature of her injuries, the woman was airlifted to the hospital. A few days after she returned home from the
hospital, she was served with eviction papers pursuant to the local nuisance ordinance.
34
Briggs v. Borough of Norristown et al., No. 2013 C 2191 (E.D. Pa. Apr. 24, 2013)
"For example, a woman in Norristown, Pennsylvania who had been subjected to domestic violence by her ex-boyfriend was warned by police that if she made one more 911 call, she and her young daughter would be evicted from their home pursuant to the local nuisance ordinance.32
The ordinance operated under a “three strike” policy, allowing her no more than two calls to 911 for
help. As a result, the woman was too afraid to call the police when her ex-boyfriend returned to
her home and stabbed her. Rather than call for an ambulance, she ran out of her house in the hope
she would not lose her housing.33
A neighbor called the police and, due to the serious nature of her injuries, the woman was airlifted to the hospital. A few days after she returned home from the
hospital, she was served with eviction papers pursuant to the local nuisance ordinance.
34
Briggs v. Borough of Norristown et al., No. 2013 C 2191 (E.D. Pa. Apr. 24, 2013)
2015 Markham vs. Surprise, AZ
- …Enforcement of the ordinance violates Ms. Markham’s First Amendment right to seek police assistance & disregards the Fair Housing Act’s prohibition on gender discrimination.
- Surprise, Arizona to Pay $40,000 to Battered Woman Threatened With Eviction for Calling 911
Housing Provider Options:
- Allow the victim to transfer to a different unit or property
- Bar the perpetrator from the property
- Contact law enforcement to increase police presence
Housing authorities and management agents must exhaust protective measures before eviction.
Bifurcate the lease and evict the abuser
Allow victim to change the locks
Allow the victim to transfer to a different unit or prop.
Bar the perpetrator from the property
Contact law enforcement to increase police presence
Develop other plans to keep the property safe
See other legal remedies to prevent the perpetrator from acting on a threat.
Bifurcate the lease and evict the abuser
Allow victim to change the locks
Allow the victim to transfer to a different unit or prop.
Bar the perpetrator from the property
Contact law enforcement to increase police presence
Develop other plans to keep the property safe
See other legal remedies to prevent the perpetrator from acting on a threat.
Photo by fortinbras
Housing Provider options:
- Develop other plans to keep the property safe
- Seek other legal remedies to prevent the PERPETRATOR from acting on a threat.
Photo by noodlepie
To Learn more:
- HUD guidance nuisance ordinance 2016
- FHEO Domestic Violence Guidance 2011
HUD resources:
HUD guidance nuisance ordinance 2016:
https://portal.hud.gov/hudportal/documents/huddoc?id=FinalNuisanceOrdGdnce....
FHEO Domestic Violence Guidance 2011:
http://nhlp.org/files/FHEO%20domestic%20violence%20memo.pdf
DOJ Webinars:
https://www.justice.gov/ovw/announcements#webinar
KEEPING HOUSING BOTH SAFE AND FAIR
Nuisance Abatement, Fair Housing and Data November 16, 2016 https://www.justice.gov/ovw/page/file/915521/download
Using New Guidance About Fair Housing to Keep DV Victims Safe October 20, 2016
https://www.justice.gov/ovw/page/file/909081/download
HUD guidance nuisance ordinance 2016:
https://portal.hud.gov/hudportal/documents/huddoc?id=FinalNuisanceOrdGdnce....
FHEO Domestic Violence Guidance 2011:
http://nhlp.org/files/FHEO%20domestic%20violence%20memo.pdf
DOJ Webinars:
https://www.justice.gov/ovw/announcements#webinar
KEEPING HOUSING BOTH SAFE AND FAIR
Nuisance Abatement, Fair Housing and Data November 16, 2016 https://www.justice.gov/ovw/page/file/915521/download
Using New Guidance About Fair Housing to Keep DV Victims Safe October 20, 2016
https://www.justice.gov/ovw/page/file/909081/download
Photo by TaylorB90
