August 2010 Special Issue Coach's Quiz

We have reviewed some recent trends in fair housing law. Now let's look at how the rules might apply in the real world. Take the COACH's Quiz to see what you have learned.

INSTRUCTIONS: Each of the following questions has only one correct answer. On a separate piece of paper, write down the number of each question, followed by the answer you think is correct—for example, 1)b, 2)a, and so on. The correct answers (with explanations) follow the quiz. Good luck!

QUESTION #1

A community could face liability under federal law for enforcing a policy to exclude applicants based on their sexual orientation. True or false?

1. True.

2. False.

QUESTION #2

Absent applicable state or local laws protecting source of income, a community policy to exclude all applicants receiving housing assistance would not lead to federal fair housing trouble. True or false?

1. True.

2. False.

QUESTION #3

A community may be liable for discriminatory advertising whether it's in the newspaper or on the Internet. True or false?

1. True.

2. False.

Coach's Answers and Explanations

QUESTION #1

Correct answer: a

Reason: Even though sexual orientation is not currently a protected characteristic, HUD recently announced multiple initiatives to take a hard line against complaints of housing discrimination based on sexual orientation. HUD has recently instructed its intake staff to look for grounds to pursue a fair housing complaint under current federal law, such as a disability discrimination claim related to HIV/AIDs. Furthermore, HUD has promised to forward sexual orientation claims for action by state or local officials in the 20 states and many local areas that do have laws protecting sexual orientation or gender identity.

QUESTION #2

Correct answer: b

Reason: Even though federal law does not currently prohibit discrimination based on source of income, a community could be accused of violating the FHA by enforcing a policy to exclude any applicants who receive housing assistance. Fair housing advocates argue that such a policy has a disparate impact—that is, an unfairly discriminatory effect—on particular racial or ethnic groups or on individuals with disabilities who may rely on those subsidies to afford rental housing.

Example: A New York community recently agreed to pay $20,000 to settle a federal disability discrimination claim for its alleged refusal to accept rental guarantees from a local social services provider that assists people with mental disabilities. The community also agreed that, in applying its rental application income requirements, to include reasonably verifiable income provided to applicants by accredited social services agencies that provide benefits to people with disabilities. “Accessible housing is not just a civil right for individuals with disabilities; it is a basic necessity,” Thomas E. Perez, assistant attorney general for the Civil Rights Division, said in a statement. “This settlement ensures that persons with disabilities have an equal opportunity to live in these complexes” [U.S. v. Berk-Cohen Associates at Tor View Village Apartments, LLC, February 2010].

QUESTION #3

Correct answer: a

Reason: A community is subject to liability under fair housing law for discriminatory advertising—regardless of whether it's in print or online. The FHA makes it unlawful “to make, print, or publish, or cause to be made, printed, or published any notice, statement, or advertisement, with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on race, color, religion, sex, handicap, familial status, or national origin, or an intention to make any such preference, limitation, or discrimination.”

HUD explains that the law bans the use of “words, phrases, photographs, illustrations, symbols, or forms which convey that dwellings are available or not available to a particular group of persons because of race, color, religion, sex, handicap, familial status, or national origin.” And, according to HUD, the ban on discriminatory advertising applies to all advertising media, including newspapers, magazines, television, radio, and the Internet.