ON THE BASIS OF SEX:
HOUSING DISCRIMINATION
cc: dsevilla - https://www.flickr.com/photos/49014237@N00
PRESENTERS
•
Sara Ainsworth
Advocacy Director
Legal Voice
•
Danni Askini,
Co-Founder & Executive Director
Gender Justice League
•
Shannon Bedard
Fair Housing Specialist
Northwest Fair Housing Alliance
AGENDA
ISSUES & HOUSING PROTECTIONS
cc: Rajiv Patel (Rajiv's View) - https://www.flickr.com/photos/23679420@N00
SEX/GENDER
A PROTECTED CLASS UNDER FHA
cc: istolethetv - https://www.flickr.com/photos/44124401641@N01
HOME
cc: Michael D. Dunn - https://www.flickr.com/photos/61057813@N00
A LEVERAGE FOR OBTAINING OR ACHIEVING
OTHER BASIC NEEDS:
EMPLOYMENT, FOOD, EDUCATION…
cc: fd - https://www.flickr.com/photos/44124473190@N01
cc: perspec_photo88 - https://www.flickr.com/photos/111692634@N04
Sexual Harassment
In housing and the FHA
1987 Survey
• 150 fair housing centers
• Published as law review article,
"Home is No Haven: An Analysis of
Sexual Harassment in Housing"
cc: Elijah - https://www.flickr.com/photos/51035652915@N01
"HOME IS NO HAVEN"
“In the housing context, property
owners, property managers, real estate
agents and rental agents are able to
exploit their positions and victimize
tenants dependent upon their control
over needed shelter.”
"HOME IS NO HAVEN"
"The conduct ranges from sexual
innuendos and verbal demands for sexual
intercourse to rape. The victim often
tolerates the actions and complies with
the sexual demands because the
perpetrator literally holds the keys to
shelter.”
"Quid pro quo"
Ex: Demanding sex as substitute for rent
cc: Philip Taylor PT - https://www.flickr.com/photos/9731367@N02
"Hostile environment"
Ex: Offensive comments, touching, threats
"Hostile environment"
Ex: Spying on, videotaping tenants
NAT'L LAW CENTER ON HOMELESSNESS & POVERTY
• 2006, Advocates from 29 states
• 112 surveys/161 responses
• 152 women/9 men reported
sexual assault or rape by a
landlord, property owner or
property manager
cc: marioanima - https://www.flickr.com/photos/23119895@N00
COMMONALITIES in FINDINGS:
• Housing issues before sexual assault
or rape
• Victim Responses
• Prevalence of repeat offenders
cc: thorinside - https://www.flickr.com/photos/35237096343@N01
RENTERS:
LOW INCOME, 30% HAD PHYSICAL/MENTAL DISABILITIES
cc: mikecogh - https://www.flickr.com/photos/89165847@N00
WOMEN:
SUSCEPTIBLE BY SEX & CLASS
cc: vision63 - https://www.flickr.com/photos/74135127@N00
WOMEN
• 45% lived in some kind of subsidized
housing (Section 8/Public)
• 67% were single heads of household
• 22% were single moms w/ kids
cc: andrew and his family - https://www.flickr.com/photos/7500323@N05
79% OF WOMEN REPORTED LL DID 1+:
• Refused to repair locks, doors,
windows, supply heat or hot water
despite requests (49%)
• Sexually propositioned (42%)
• Stalked (25%)
• Made unwanted sexual contact (58%)
cc: Brian Moriarty - https://www.flickr.com/photos/54205562@N00
Sexual Assault
Not only an FHA violation: also a crime
OFFENDERS:
• Repeat and target more than one tenant
• 33% of women sexually assaulted or raped
said it happened more than 1x
• 13% knew another current tenant enduring
the same
• Only 42% reported to law enforcement
cc: emilio labrador - https://www.flickr.com/photos/35914311@N03
WHY STAY?
• 71% wanted to leave-lacked other housing
options
• 45% in subsidized housing w/long wait lists
• no transportation, esp. rural
• financial penalty
• KIDS
cc: Neal. - https://www.flickr.com/photos/31878512@N06
RETALIATION
UTILITIES SHUT OFF, PROPERTY DAMAGE, THREATS
cc: Cayusa - https://www.flickr.com/photos/17731548@N00
Housing Justice
Fair Housing for the Transgender Community
cc: KLHint - https://www.flickr.com/photos/83335209@N00
2015 USTS 27,715 persons
• 23% expereinced housing
discrimination in past year
• Denied an apt. or home, or
evicted because of being
transgender
cc: Brandon Blahnik - https://www.flickr.com/photos/100133308@N07
Homelessness
2% currently,12% in past year, 30% some pt
cc: Ed Yourdon - https://www.flickr.com/photos/72098626@N00
Shelters:
• 26% avoided because they feared
being mistreated
• 70% who did stay reported
mistreatment: being harassed,
sexually or physically assaulted, or
being kicked out because of being
transgender
cc: Franco Folini - https://www.flickr.com/photos/78425154@N00
Home Ownership:
16% Trans vs 63% Gen Pop
cc: Davi Alexandre - https://www.flickr.com/photos/8927070@N06
Hardship & Instability
Social Safety Nets Failed
cc: skuds - https://www.flickr.com/photos/89273442@N00
Recommendations
• Eliminate barriers to affordable
health care
• End discrimination in schools, the
workplace and areas of public space
• Create support systems at local,
state and federal levels
cc: Alfred Hermida - https://www.flickr.com/photos/13238706@N00
Battered at home
and at risk of eviction
cc: rickonine - https://www.flickr.com/photos/79623570@N00
or denial of housing
cc: Quasimondo - https://www.flickr.com/photos/35468141611@N01
How does this happen?
cc: woodleywonderworks - https://www.flickr.com/photos/73645804@N00
Police are called
cc: Linus Henning - https://www.flickr.com/photos/23323418@N03
Court orders
Safety requests
Gender stereotypes
Policy triggers:
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Local Nuisance Ordinances
"One strike" leases
"Zero Tolerance for Violence"
Mutual restraining orders
Mutual arrests
cc: Gunnar Wrobel - https://www.flickr.com/photos/36572163@N00
Example
• Policy of refusal to rent to women
with a history of domestic
violence victimization.
cc: freeloosedirt - https://www.flickr.com/photos/44356659@N00
Example
• Eviction of victim based on "zero
tolerance" policies for violence or
crimes committed in housing
cc: chrisinplymouth - https://www.flickr.com/photos/21450297@N06
Example
• Eviction of victim because of
property damage caused by
abuser
cc: kevinspencer - https://www.flickr.com/photos/55043824@N00
"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.
cc: Seattleye - https://www.flickr.com/photos/10368024@N04
EXPLORE LEGAL OPTIONS:
•
State Non Discrimination Laws
•
Tort Claims (Assault, Battery, Intentional infliction
of Emotional Distress, & Negligent Hiring)
•
Landlord /Tenant laws (breach of covenant of
quiet enjoyment, retaliatory eviction, victim
protections)
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Criminal laws
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Federal Fair Housing Act
cc: marfis75 - https://www.flickr.com/photos/45409431@N00
FAIR HOUSING ACT
CLAIMS & REMEDIES
cc: mikecogh - https://www.flickr.com/photos/89165847@N00
Dwellings & Housing Transactions
Includes: Transitional, Shelters, Public Housing
cc: Jocey K - https://www.flickr.com/photos/48627921@N05
Who must follow the FHAct?
Owners, Prop. Mngers, RE Agents...
cc: *sax - https://www.flickr.com/photos/67318348@N00
HOUSING TRANSACTIONS COVERED?
RENTING, BUYING......
cc: 401(K) 2013 - https://www.flickr.com/photos/68751915@N05
TYPES OF DISCRIMINATION:
OVERT, DISPARATE TREATMENT
cc: boltron- - https://www.flickr.com/photos/46213661@N00
DISPARATE IMPACT THEORY
• A facially neutral housing policy,
procedure or practice which
disproportionately affects a
protected class.
cc: flazingo_photos - https://www.flickr.com/photos/124247024@N07
SEXUAL HARASSMENT
QUID PRO QUO (THIS FOR THAT)
cc: chrisinplymouth - https://www.flickr.com/photos/21450297@N06
HOSTILE ENVIRONMENT
• so severe, so pervasive
• it alters the use & enjoyment
of home, and
• creates an abusive living
environment
cc: g0ddest - https://www.flickr.com/photos/73516555@N07
ALL FORMS PROHIBITED:
• sex harassment of same or different
gender
• harassment re: gender identity-actual
or perceived
• sexual harassment because a person is
transgender
cc: nathangibbs - https://www.flickr.com/photos/57954193@N00
2010 Sex protection expands
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Gender Non-conformity
Gender Stereotypes
Lesbian, Gay, Bisexual (LGB)
Transgender persons
HUD has pursued 200 cases
cc: torbakhopper - https://www.flickr.com/photos/32029534@N00
2012: Actual or Perceived
Gender Expression, Identity or Sexual Orientation
cc: Thomas Tolkien - https://www.flickr.com/photos/38585972@N04
2012
• "LGBT Equal Access Rule"
• Discrimination prohibited in Fed.
housing programs & FHA lending
• Sexual Orientation, Gender
Identity, or Marital Status
cc: torbakhopper - https://www.flickr.com/photos/32029534@N00
2015 HUD guidance
• Issued to: ESG, CoC, HOPWA fund
recipients.
• Admit a person based on their self
identified gender identity
• Do not ask Qs about anatomy, medical
procedures, or make burdensome
demands for identity documents
cc: fotografar - https://www.flickr.com/photos/30268934@N00
Recap: Housing Protections
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Fair Housing Act: Sex protection
State & Municipal laws--vary
2012 HUD "Equal Access Rule"
2015 HUD guidance: Appropriate
Placement for Transgender Persons
in Single Sex Emergency Shelters
cc: mikecogh - https://www.flickr.com/photos/89165847@N00
DISPARATE IMPACT THEORY
• A facially neutral housing policy,
procedure or practice which
disproportionately affects a
protected class.
cc: flazingo_photos - https://www.flickr.com/photos/124247024@N07
Statistics:
• 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
cc: Kevin N. Murphy - https://www.flickr.com/photos/14404175@N00
Homelessness
• Domestic violence was the
most common reason WOMEN
gave for homelessness in 2007
Nat’l Law Center on
Homelessness & Poverty
cc: K. Ulmer - https://www.flickr.com/photos/26704623@N03
Nat’l Law Center on
Homelessness & Poverty
• 1 in 4 homeless adults report
that domestic violence was a
cause of their homelessness
cc: D.C.Atty - https://www.flickr.com/photos/22939124@N08
Single women w/ children…
• 13x more likely to experience DV
than married women w/ children
• 7x more likely than single women
w/out children
Nat’l Law Center on
Homelessness & Poverty
cc: wazari - https://www.flickr.com/photos/65231640@N00
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.
HUD TITLE VIII
FAIR HOUSING COMPLAINT PROCESS
cc: PatrickSeabird - https://www.flickr.com/photos/47625846@N04
REASONABLE CAUSE
MAX CIVIL PENALTY OF $16,000, PER VIOLATION
cc: nathanmac87 - https://www.flickr.com/photos/72841285@N00
LEGAL AID ADVOCATES
INTERVENTION, REFERRALS
cc: The Children's Alliance - https://www.flickr.com/photos/51657219@N00
CROSS TRAINING
& JOINT MEETINGS
cc: ITU Pictures - https://www.flickr.com/photos/42121221@N07
THANK YOU
FOR AFFIRMATIVELY FURTHERING FAIR HOUSING
cc: jenny downing - https://www.flickr.com/photos/7941044@N06