Iowa Civil Rights Commission Disclaimer

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Iowa Civil Rights CommissionDisclaimer

• The information contained in this presentation is
  a brief overview and should not be construed as
  legal advice or exhaustive coverage of the topic.

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Fair Housingin Iowa
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What is fair housing?

• The right of all persons to apply for and be
  considered for the housing of their choice in the
  neighborhood they choose and can afford
• Applies to all housing transactions rentals,
  sales, leases, sub-leases, loans, appraisals,
  insurance and zoning

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Fair Housing Laws

• Federal laws
• Civil Rights Act of 1866
• Civil Rights Act of 1968, Title VIII
• Fair Housing Amendments Act of 1988 (FHAA)

• State law
• Iowa Civil Rights Act, Chapter 216 of the Iowa
  Code and Chapter 161 of the Iowa Admin Code
• Local (city or county) ordinances may also apply

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Do not discriminate (treat someone differently)
because of

• Race or Color
• Religion or creed
• Sex
• National Origin
• Physical or mental disability
• Familial status (presence of children under the
  age of 18 living with parents or legal
  custodians pregnant women)

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A good tenant

• Is financially responsible - pays the rent in
  full and on time
• Abides by the building rules
• Takes care of the property
• Does not disturb other tenants
• Does not engage in criminal activity

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How to select a good tenant

• Use standard, objective selection criteria
• Use written application
• Verify income/employment
• Check personal and housing references
• Check financial/credit status
• DO NOT base decision on protected
  characteristics, stereotypes, or looks like a
  good tenant

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Equal terms and conditions

• Cannot require additional deposit from families
  with children or persons with disabilities
• May not offer move in specials to some persons
  but not others
• Cannot base rent or deposit on number of persons
  in the unit (except when utilities are paid by
  owner and can be demonstrated)
• May not harass tenants or allow others to harass
  them

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The law does not protect bad behavior.

• Persons may be evicted because of lease
  violations, such as
• Non-payment of rent
• Continually disturbing the neighbors
• Creating safety and health problems
• Bringing illegal activity into the building

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Advertising

• Advertising is not just newspaper ads, but also
  bulletin boards, shoppers, newsletters, word of
  mouth
• Advertise the characteristics of the property,
  not characteristics of people
• May advertise for roommates of one sex if living
  space is shared
• Do not discourage property seekers because of
  protected characteristics

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Families with children

• Familial Status is defined as the presence of
  children under age 18, pregnant woman, or person
  seeking or sharing custody of children
• Do not discourage families with children by
  giving advice, This wouldnt be a good place for
  a family. Let the tenant make that decision
• Do not segregate families on one floor or in one
  building

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Occupancy standards

• Current HUD guidelines are two persons per
  average-sized bedroom
• Standard refers to persons - do not specify
  adults or children, male or female
• May limit an efficiency apartment to one person
• Mobile home parks standard based on size of
  home, not number of persons per lot

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Reasonable modifications for disability

• Landlord must allow tenant with disability to
  make changes to unit (at tenants expense)
• Examples of modifications entrance ramp, grab
  bars in the bathroom, relocation of switches or
  controls, widening doorway, installation of lever
  doorknobs, accessible mailbox or trash
  receptacle, doorbell light signal for person with
  hearing impairment

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Reasonable accommodation for disability

• Reasonable accommodations are changes to rules,
  policies, practices or services, to enable person
  with a disability to live there
• Provide adequate handicapped parking
• Allow service animals (they are not pets)
• Allow person with a disability to pay rent by
  mail rather than coming to office

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Exemptions in Housing for older persons

• Housing for older persons exempt only from
  familial status provisions of the law, not from
  other personal characteristics

• Exemptions exist only if
• Housing for persons age 62 years or older (all
  units)
• Housing for persons age 55 years or older -80 of
  units occupied by those persons -services
  specifically for older persons

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Accessibility for Multifamily Housing

• Required by the FHAA of 1988
• Units built for first occupancy after
  March 13, 1991
• Buildings consisting of four or more units if the
  building has one or more elevators
• Ground floor units in other buildings consisting
  of four or more units
• Finished living space must be on one level
  (two-story townhouses not covered)

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Design and Construction Requirements

• Accessible building entrance on an accessible
  route
• Accessible and usable public and common use areas
• Doors wide enough for passage by persons in
  wheelchairs
• Accessible route into and through the dwelling
  unit
• Light switches, electrical outlets, thermostats
  and other environmental controls in accessible
  locations
• Reinforced walls in bathrooms for installation of
  grab bars
• Kitchens and bathrooms usable by people in
  wheelchairs

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Fair housing - its the law.

• We are all neighbors.

Fair housing - its good business
Treat others the way you or your family would
like to be treated.
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Iowa Civil Rights Commission
211 East Maple Street, 2nd Floor Des Moines, Iowa
50309-1858 515-281-4121 800-457-4416 FAX
515-242-5840 http//www.state.ia.us/government/crc