Fair Housing and Human Rights Commission
Presented by Attorney Kimberly Jacobsen, the Commission on Human Rights and Opportunities (CHRO) is the oldest state governmental civil rights agency in the country empowered to enforce civil rights statutes. Their duties include education, outreach, contract compliance, and affirmative action. Fair Housing ensures the right to choose where to live regardless of your protected class, with exceptions for some owner-occupied buildings and elderly housing. The HUD mission is to create equal housing opportunities by prohibiting discrimination. Prohibited actions under state and federal law include refusal to rent, denial of housing, and discriminatory practices like blockbusting and steering.
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Presentation Transcript
FAIR HOUSING AND THE COMMISSION ON HUMAN RIGHTS AND OPPORTUNITIES Presented by Attorney Kimberly Jacobsen
COMMISSION ON HUMAN RIGHTS AND OPPORTUNITIES (CHRO) Oldest state governmental civil rights agency in the country The only agency in the state empowered to enforce civil rights statutes including the fair housing act Eliminate illegal discrimination in employment, housing, public accommodations and credit transactions through investigation and enforcement
CHRO DUTIES CONTD: Education and Outreach Contract Compliance and Affirmative Action
WHAT IS FAIR HOUSING? The right to choose where to live, to raise a family, to own a home regardless of your protected class
THERE ARE EXCEPTIONS In some circumstances owner-occupied buildings with up to four units may be exempt. Also certain elderly housing is exempt.
HUD Mission: To create equal housing opportunities for all persons living in America by administering laws that prohibit discrimination in housing What they do: administer federal laws and establish national policy to ensure citizens have access to having of their choice. You can file directly with HUD or CHRO acts as a deferral agency and you can dual file with us
WHAT IS PROHIBITED UNDER STATE AND FEDERAL LAW? Refusal to rent Refusal 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 housing is available for inspection, sale or rental
PROHIBITED ACTIVITIES CONTD Blockbusting - for profit induce owners to rent or sell Deny anyone access to or membership in a facility or service such as MLS Steering restrict or attempt to restrict the choices of any buyer or renter (require or suggest) Discriminatory ads Discriminatory Statements Sexual Harassment (ie. LL asking for sex in lieu of rent)
PROTECTED CLASSES FEDERAL AND STATE Race Color National Origin Religion/creed (all religions or no religions) Gender/Sex Familial Status Disability
STATE ONLY PROTECTED CLASSES Age Ancestry Marital Status Source of Income Sexual Orientation Gender identity/expression
DISABILITY PHYSICAL, MENTAL OR LEARNING Has a disability, has a record or having a disability or regarded as having a disability
DUTY TO ACCOMMODATE/MODIFY Interactive process Reasonableness Undue financial or administrative burden Examples: assigned parking space, service animal, ramp Modifications cost is on the tenant unless federal funded
PUBLIC ACT 16-16 (EFFECTIVE JULY 1, 2016) Requires Sellers of property with two or more units to give buyers notice regarding state and federal fair housing laws. Notice found on CHRO website. Purpose is to ensure new multifamily home owners are aware of the laws regarding fair housing.
BEING A MEMBER OF A PROTECTED CLASS DOES NOT GUARANTEE HOUSING You still need to be qualified to obtain the tenancy You still need to pay your rent You still need to follow the rules
OVERVIEW OF CHRO COMPLAINT- PROCESSING RESPONSIBILITIES RECEIVE COMPLAINTS OF DISCRIMINATION INITIATE COMPLAINTS OF DISCRIMINATION INVESTIGATE COMPLAINTS MEDIATE COMPLAINTS OF DISCRIMINATION LITIGATE COMPLAINTS OF DISCRIMINATION ADJUDICATE COMPLAINTS OF DISCRIMINATION
FILING A CHRO FAIR HOUSING COMPLAINT CHRO Fair Housing Unit - located at 25 Sigourney Street in Hartford Initial contact over the phone 860-541-3403 All services are at no cost Drafting complaint (must be under oath) Investigation Statute of Limitations 180 days (consider tolling)
CHRO INVESTIGATION Fact-finding conferences Witness Interviews Site Visits Mandatory Mediation conferences Duty to Cooperate
FINDINGS AND PROSECUTION Reasonable Cause or No Reasonable Cause Defaults Post Cause Conciliation Administrative Hearing or Court Hearing, CHRO becomes a party to the action
FAIR HOUSING DAMAGES Specific Performance Actual damages such as rent differential, storage and moving expenses, etc. Emotional Distress Damages Attorneys Fees Punitive damages (in court) Civil Penalty (in court)
