Our Fair Housing Rights & Remedies

Few things are more important to wellbeing than having a home, a home that is safe and secure, and membership in a community that offers the opportunity for growth, fulfillment, and social support. However, we are a nation of prejudice, segregation, and harassment. Yet we are a nation of laws and rights. Fortunately, federal and state agencies work to apply law to remedy injustice, and to develop administrative rules and remedies to assure that everyone can be protected.

Alas, our country is still plagued by prejudice, discrimination, and segregation affecting not only where an individual or a family can live, but their safety and security in their homes. In multifamily housing bullying and harassment can deprive victims of safety. Of course, such victimization is wrong. Nevertheless, too often the victim can find no remedy. People who live in public or subsidized multifamily residences are trapped and frequently unable to get protection from what seem to be deprivation of their legal and human rights. However, if discrimination is a factor in the harassment, then the victim has avenues for protection under the Fair Housing Act.

Fair Housing Training Conference

Representing the Stop Bullying Coalition, I was privileged to attend the Fair Housing Training Conference presented by the Regional Counsel's Office, U.S. Department of Housing and Urban Development in Boston on January 21, 2016. Other activists attended, including Bonny Zeh as well as Michael Kane and others of the Mass Alliance of HUD Tenants. The purpose of the conference was to educate all sectors and stakeholders in housing of their rights and obligations under the Fair Housing Act.

The leaders

The speakers and presenters at the conference represented all the key administrative and enforcement agencies in the Fair Housing domain. I was honored to meet several of the leaders, starting with Gustavo Velasquez, HUD Assistant Secretary, Office of Fair Housing and Equal Opportunity. Velasquez is passionate about the mission to assure equal opportunity in housing, because where we live largely defines our chances in life. Under his leadership, FHEO is using administrative and legal remedies to protect people from unfair or abusive treatment. Fair Housing does not only protect people seeking a home, it protects their rights in their homes. Velasquez aims to see the proposed HUD rule on harassment made final within the next year. Michael Kane and I both expressed our support for his efforts and I noted that Michael Kane and MAHT had collaborated with the Stop Bullying Coalition to write and advocate for bullying legislation.. I shared with Secretary Velasquez about the advocacy efforts of the Stop Bullying Coalition to seek legislative remedies in the Commonwealth through establishing a commission; the partnership we had with Senator Lovely, Representative Hill, and others; and that we were working towards legislation that would complement the Fair Housing rules.

Jack Brandwein, the HUD Senior Trial Attorney, New England Region, spoke about HUD's proposed harassment rule, and later advised me on how to file a claim for protection from harassment. And I had a pleasant chat with Carmen M. Ortiz, United States Attorney, District of Massachusetts.

Jamie Williamson, Chairwoman of the Massachusetts Commission Against Discrimination, described the process for investigation, hearing, and relief for complaints of discrimination. She noted that the Commonwealth extends protection to even more classes than under Federal law.

Andrea Kramer, Chief of the Civil Rights division of the Massachusetts Attorney General's Office, detailed avenues for relief and enforcement provided under the Attorney General.

Disparate impact & administrative law: tools for civil rights

Michelle Aronowitz, HUD Deputy General Counsel, Enforcement and Fair Housing kindly gave me a reference to an important decision of the Supreme Court that she had mentioned in her talk. (1) (2) The ruling is intricate and complex, but my interpretation is that if a housing provider or finance provider serves a mostly black inner city, rather than building low-income housing in mostly white suburbs, a finding of discrimination would depend in part on the impact, not just intent. The Court had to decide how to choose between two positively intended goals: revitalizing a low­ income area or integrating a high­ income area.

The Court determined that even if there is no intent to discriminate, the impact of an act is a factor in deciding if discrimination took place. But there is also scope for a housing provider to act constructively. And the Court confirmed that the regulations and rules created by an administrative agency, such as HUD/FHEO, effectively have the force of law. These are two tools that civil rights advocates can apply: disparate impact, and administrative rules. Because administrative rules can have the force of law, this will create leverage for action from the proposed HUD/FHEO rule on harassment, that promises relief from bullying and harassment in the places where people live.

The need for a Commission on Bullying, S1984

What I took away from the conference was a gratifying sense that there is a small army of dedicated attorneys seeking to apply and enforce the law to protect us from discrimination. I learned that there are multiple avenues for protection, including state and federal agencies, administrative procedures, and the courts.

And while I was encouraged by the resources we have, there are many issues not yet covered by law or regulation. For example, the elderly are not explicitly protected under Fair Housing. And better than only relying on a legal remedy for wrongdoing would be an ongoing effort to create healthy community life where bullying and harassment did not thrive. Therefore, we must redouble our efforts in the Commonwealth to pass S1984, create the commission on bullying, and work with all the stakeholders to develop effective solutions to protect all from bullying and harassment.

RESOURCES FOR INFORMATION AND PROTECTION

HUD Fair Housing Hotline: 800.669.9777

HUD Form 903 Online Complaint

https://portal.hud.gov/FHEO903/Form903/Form903Start.action

Your housing discrimination complaint will be reviewed by a fair housing specialist to determine if it alleges acts that might violate the Fair Housing Act. The specialist will contact you for any additional information needed to complete this review. If your complaint involves a possible violation of the Fair Housing Act, the specialist will assist you in filing an official housing discrimination complaint... It is a violation of the law to deny you your housing rights for any of the following factors: - race - color - religion - sex - national origin - familial status (families with children under 18) - disability.

Massachusetts Commission Against Discrimination 1 Ashburton Place, #601, Boston MA 02108

Boston Fair Housing Commission, Boston City Hall, One City Hall Plaza, Room 966, Boston MA 02201; 617.635.4408

Cambridge Human Rights Commission, 51 Inman Street, 2nd Floor, Cambridge MA 02139

NOTES (1) Texas Department of Housing and Community Affairs v. The Inclusive Communities Project, Inc.Holding: Disparate-impact claims are cognizable under the Fair Housing Act. http://www.supremecourt.gov/opinions/14pdf/13-1371_m64o.pdf (2) Amy Howe, Disparate-impact claims survive challenge: In Plain English http://www.scotusblog.com/2015/06/disparate-impact-claims-survive-chall…