Fair Housing Laws
and their Impact on
Seniors in Minnesota
Aisha Bierma,
Legal Aid Society
of Minneapolis
Fair Housing Laws that May Apply
Include:
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Fair Housing Act
Minnesota Human Rights Act
Americans with Disabilities Act
Rehabilitation Act
Fair Housing Act
See 42 U.S.C. § 3602(b)
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Applies to “dwellings,” including:
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Senior apartments
Ownership town homes, condominiums, and
cooperatives
Housing with services
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Protected Classes under Fair
Housing Laws (applicable in MN)
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Race
Family Status (having kids or being pregnant)
Disability
Sex (including sexual harassment)
Public Assistance
National Origin
Color
Sexual Preference
Age (St. Paul)
Religion
Marital Status (being single or divorced)
Creed (beliefs)
Disability/handicap
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Individuals with:
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A physical or mental impairment
That substantially limits one or more major
life activities (MN law: “materially limits”)
Other protected individuals
Those with a record of a disability
z Those regarded as having a disability
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Examples of disabilities
Physical
z Mental
z Drug addiction
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But not current, illegal use of a controlled
substance
Alcoholism
Types of disability
discrimination
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1) Failure to provide reasonable
accommodations and modifications
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2) Discrimination in pre-tenancy phase
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3) Discriminatory evictions
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4) Discriminatory terms and conditions
1) Reasonable
accommodations and
modifications
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Reasonable accommodation (RA)
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Change, exception, or adjustment to a rule,
policy, practice, or service
Examples:
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Service/companion animals in “no pet” building
Reserved parking space
Allow live-in aide
Who must pay for a RA?
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The housing provider
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Unless an undue financial and
administrative burden
What is a reasonable
modification (RM)?
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A structural change to afford a person full
enjoyment of the premises.
Examples:
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Widening doorways
Installing grab bars
Lowering kitchen cabinets
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Who must pay for a RM?
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In standard rental housing, a tenant.
Sometimes the housing provider, if:
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Receives federal funds, e.g. Medicaid, HUD
subsidies
When is a request unreasonable?
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1) Imposes an undue financial and
administrative burden
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2) Requires a fundamental alteration in the
nature of the housing provider's operations
What should a housing provider
do if a tenant makes a request
that seems unreasonable?
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Engage in an “interactive process”
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How must a tenant request a
RA/RM?
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If staff hears what could be construed
as a request, need to respond.
When may the landlord ask
questions about disability after a
request for RA/RM?
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If:
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Disability is not obvious or known; or
Need for RA/RM for the disability is not
obvious or known
2) Discrimination in
Pre-Tenancy Phase
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Two main issues:
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A) Refusal to rent or steering
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B) Disability-based questioning of
prospective tenant
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A) Refusal to rent
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Cannot steer away or refuse to rent on
the basis of a protected class
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42 U.S.C. § 3604(a) and (f)(1); Minn. Stat. § 363A.09
B) Inquiries
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Generally, landlord CANNOT ask
disability-based questions of a
prospective tenant
Exceptions – Can make inquiries
to determine if the applicant:
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1) Can meet the requirements of tenancy;
2) Is a current illegal abuser or addict of a controlled
substance;
3) Qualifies for a dwelling legally available only to
persons with a disability or to persons with a particular
type of disability;
4) Qualifies for housing that is legally available on
a priority basis to persons with disabilities or to
persons with a particular disability.
24 C.F.R. § 100.202
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What inquiries can a provider
of seniors’ “independent
living” usually make?
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No disability-based inquiries
What inquiries can providers of
“housing with services”
usually make?
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1) LIMITED questions
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If priority exists for those with disabilities or a
certain disability
2) Or… none, at the point that housing is
offered.
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Care assessment is separate process
But what if a tenant has needs
beyond what the service provider
offers?
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The tenant has two options:
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1) Enlist other caregivers. Minn. Stat. § 144A.44(9)
2) Make informed choice not to have
those particular services. Minn. Stat. § 144A.44(5)
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Adult Protection can be notified, if appropriate.
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Housing and home care
providers must be upfront about
services offered
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No false or misleading statements
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Minn. Stat. §§ 325F.71, 325F.69, and 325D.44
Minn. Rule § 4668.0019
Minn. Stat. § 144A.44(1), (3), (6)
Nurse Practice Act, Minn. Stat. § 148.261, Subd. 1(24)
Prospective tenant has right to know
limits on services
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Minn. Stat. § 144A.44m subd. 1(6)
Minn. Stat. § 144D.04, subd. 2
3) Discriminatory Evictions /
Transfers
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Landlords who evict tenants because they
are “too disabled”
Illegal: Automatic transfers
when tenant’s needs increase
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AARP case:
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Tenant hired personal assistance in her
apartment.
Landlord (life care community) disapproved and
tried to transfer tenant to its nursing home.
Conclusion: Settlement; change in policy
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Illegal lease provision:
“Tenant can be evicted if service
provider can no longer meet his
needs”
Tenant’s needs can be met differently
z Tenant may choose not to have some
“needs” met
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Direct Threat
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Fair housing statutes do not require a
tenancy that would:
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1) be a direct threat to the health or safety
of other individuals, or
2) result in substantial damage to the
property of others.
42 U.S.C. § 3604(f)(9), Minn. Stat. § 363A.10, subd. 4
BUT…
Reasonable accommodations must be
considered to eliminate threat!
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(1) the nature, duration, and severity of the risk;
(2) the probability that injury will actually occur
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Is there an exception to the FHA
if someone poses a threat to
themselves and not others?
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No.
May a tenant with mental
illnesses be evicted because
she’s “difficult”?
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No, unless she cannot comply with
nondiscriminatory lease terms.
Example of discriminatory
eviction
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Defendant: Memory care unit
Plaintiff: Tenant with memory care needs
Discriminatory action: Threatening to evict
Plaintiff for wandering behavior
Claims: Discrimination (direct discrimination,
failure to accommodate), breach of lease,
misrepresentation
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4) Discriminatory terms and
conditions
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It is illegal to have different terms, conditions,
or privileges in rental property for persons in
protected classes.
42 U.S.C. § 3604(b) and (f)(2)
Minn. Stat. § 363A.09, Subd. 1(2)
Example from the HUD/DOJ
Guide:
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Assisted living home prohibits use of
motorized vehicles.
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Won’t allow disabled man to use his motorized
scooter.
Conclusion (from HUD/DOJ):
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Home must allow disabled man to use his scooter
May not charge fee or deposit to use scooter
See also HUD v. Country Manor (2001),
Minnesota case
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More examples of discriminatory
terms and conditions
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“No wheelchairs in the dining room”
Requiring tenants to transfer from
wheelchairs to ordinary chairs in dining room
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Weinstein v. Cherry Oaks (Colo.App. 1996)
Other kinds of discrimination
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Advertising and Other Statements:
Advertising or oral statements may not
indicate any preferences, limitation, or
discrimination based on a protected class
status.
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42 U.S.C. § 3604(c); Minn. Stat. § 363A.09, Subd. 1(3)
Other kinds of discrimination
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Interference, Coercion, or Intimidation:
It is illegal to intimidate persons pursuing their
fair housing rights.
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42 U.S.C. § 3617, Minn. Stat. § 363A.09, Subd. 6
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5) Other Topics of Interest
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A) Familial status discrimination
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B) Lock-outs
Familial status discrimination
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Discrimination against families w/ kids under 18
This prohibition does not apply to “housing for older
persons”:
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1) State programs specifically designed and operated to
assist seniors; or
2) Housing intended for, and solely occupied by, persons
age 62+; or
3) At least 80% of units occupied by at least one person
55+ and intended for occupancy by people 55+
Lock-outs are illegal
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The only way to evict is through a court case
called an eviction.
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Locking out tenant is a criminal misdemeanor. (MN
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Tenant can call the police.
Tenant can get $500 or treble damages,
whichever is greater, plus attorney’s fees. (MN Stat. §
Stat. § 609.606)
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504B.225 and § 504B.231)
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Also: negligence, breach of contract, IIED,
anti-discrimination laws, etc.
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Contact Information
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Aisha Anderson Bierma
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Attorney at Law
Borchard Foundation Law & Aging Center Fellow
Legal Aid Society of Minneapolis
Direct: 612-977-1806
E-mail: [email protected]
LASM Client Intake Line: 612-334-5970
SMRLS Intake: 888-575-2954; 651-222-4731
Other Intakes: Check www.lawhelpmn.org
15
Minnesota Department of Human Services
April 3, 2008
Barb Blumer
Orbovich & Gartner Chartered
651-454-7838
[email protected]
Describe how senior housing, particularly housing
with services/assisted living, is structured in
Minnesota
Identify common provisions in senior housing
leases, rental agreements, etc.
Identify difference between senior housing rental
agreements and home care service agreements
Provide references and links to important resources
1
Housing – Landlord – rents an apartment
Often provides some services – such as meals, housekeeping,
laundry, transportation, etc.
When amount of services landlord either offers or makes
arrangements with others to offer becomes great enough,
housing with service/assisted living registrations become required
Home Care Agency – health related service delivery made available
by landlord in many, but not all, senior housing settings
Nursing services
Delegated nursing services
Sometimes, housekeeping and laundry
Other service providers – family, volunteers, paid people and/or
home care agencies not arranged for by landlord
Housing and service provider roles may be filled by:
Same legal entity (company) with appropriate registrations
and/or licenses; or by
One or more related or unrelated legal entities by contractual
arrangement.
But, even if both roles are filled by the same
“company”, each “side” must follow the legal rules
applicable to the type of service provided
Each “side” should understand and respect the laws
and rules that govern the other “side”
Landlords particularly need to understand and respect the
Nurse Practice Act and the home care rules
Home care providers particularly need to understand and
respect the landlord tenant and fair housing laws
2
Housing – landlord
Landlord Tenant Law
Fair Housing law – state and federal
Housing with Service law, if applicable
Assisted Living law, if applicable
Dementia disclosure and training laws, if applicable
Consumer Protection laws
Group Residential Housing and other housing cost subsidy programs, if
applicable
Home Care – health related service delivery
Nurse Practice Act
Home Care law and rules
Assisted Living law, if applicable
Dementia disclosure and training laws, if applicable
Consumer Protection laws
Elderly Waiver (Customized Living and other services) and other service
cost subsidy programs
Landlord “side”
Landlord Tenant Law – Chapter 504B
Fair Housing law – state and federal
Housing for Older Persons
Disability discrimination
State – status with regard to public assistance
Housing with Service law, if applicable – Chapter 144D
Assisted Living law, if applicable – Chapter 144G
Uniform Consumer Guide
Dementia Disclosure and Training laws, if applicable
Consumer Protection laws
Group Residential Housing and other housing cost subsidy
programs, if applicable
3
All “independent” rental senior housing and housing with
services establishments (with or without assisted living
programs) are subject to MN Landlord Tenant law –
Chapter 504B
See MN Attorney General’s booklet - Landlords and
Tenants: Rights and Responsibilities, available at 651296-6196 or www.ag.state.mn.us
Must tell all tenants that this booklet is available
Better, also make copies available.
Best, read the booklet as well!
Written rental agreement (lease, residency agreement)
required in most senior housing settings
!
"
Landlord doesn’t make arrangements for many, if any,
supportive services for tenants
Tenants live “independent” of services made available
by landlord
Tenants can’t be excluded or expected to move if
they require supportive services – Fair Housing
laws
Tenants can arrange for own services if landlord
doesn’t make them available or if they don’t like
landlord’s services
No Health Department registration necessary;
governed by landlord tenant and fair housing laws
4
Landlord either offers or makes arrangements with
others to offer supportive and/or health related
services to tenants
Goal of offering services is to support tenants who want to live
in that kind of setting but need help in doing so
When landlord becomes involved in making arrangements for
supportive/health related services, must register with Health
Department as housing with services and meet housing with
services requirements
Tenants can arrange for own services if landlord doesn’t make
them available or if they don’t like landlord’s services
Can be required to pay for a basic package of services even if
chose to receive services from other providers
Landlord governed by landlord tenant and fair housing laws
#
Housing provider is registered housing with services
provider and is governed by landlord tenant and fair
housing laws (see previous slide)
Must register with Health Department as also offering “assisted
living” if use the term “assisted living” in describing available
services
Must meet minimum requirements of Chapter 144G if use the
term “assisted living” in describing available services
Landlord meets some of the requirements
Home care agency meets others
Tenants can arrange for own services if landlord doesn’t make
them available or if they don’t like landlord’s services
Can be required to pay for a basic package of services even if chose
to receive services from other providers
$
5
Housing provider is registered housing with services
provider and is governed by landlord tenant and fair
housing laws
Must make special dementia program disclosures and train staff
as required by dementia program training laws
May or may not be registered with Health Department as also
offering “assisted living” – only if use that term to describe
available services, which most do
Must meet minimum requirements of Chapter 144G if use the
term “assisted living” in describing the available services
Tenants can arrange for own services if landlord doesn’t make
them available or if they don’t like landlord’s services
Can be required to pay for a basic package of services even if chose to
receive services from other providers
Not very practical in memory care settings
Written lease (rental or residency agreement) required
for buildings with 12 or more units
Tenant must get a copy
Length of rental terms
Most common in senior housing - periodic tenancy- month to
month - generally terminated on one calendar month’s notice
for any reason or no reason, so long as not discriminatory
Should be able to specify 30 days advance notice, but some
judges don’t accept notice less than one full calendar month,
rumor has it
Definite term tenancy - for a defined term, such as a year –
ends without requirement of notice - can be renewed or
transformed into month to month or renewing one year terms
6
Tenant has minimum covenants (promises) prescribed by law;
can agree to others in the rental agreement
Not to damage premises beyond normal wear and tear
Not alter the premises without landlord permission
Pay for all damages beyond normal wear and tear
Conduct self in manner conducive to community living
Landlord has minimum covenants (promises) prescribed by
law; can agree to others in the rental agreement
Must do background checks for managers
Maintain the premises to be fit to live in, in reasonable repair, and in
compliance with law
Who the parties are, including tenant representatives
Unit rented, rent, what’s included in rent, what will incur
extra charges
Available home care and other services, if any; fee
schedules, required service fee payments; required
disclosures
Payment terms and penalties for late payment
Housing with services establishments (including those
offering assisted living) must also include the “17 points”
in MN Statute 144D.04 and the information about
arranged home care providers in MN Statute 144D.045
7
Termination and notice provisions are defined
“Normal” or “no cause” termination – typically one
calendar month or at least 30 days (some
controversy about 30 day termination)
For no reason or any reason so long as not illegal
reason
Special circumstances – death, move to nursing
home, etc.
Breach of agreement – shorter notice than normal –
non payment, failure to meet terms of lease and
other policies, other “lease violations”
Termination notice by landlord tells tenant that the rental
agreement ends as of a certain date
Tenant is expected to move out by that date voluntarily
If tenant doesn’t move voluntarily, landlord must seek an
eviction order through court action
Landlord shouldn’t change locks, move tenant’s possessions,
etc. without the court order
May be considered an illegal “lockout”
Some senior housing landlords have allegedly locked out
tenants that their home care agencies didn’t think they could
care for upon return from hospital
Home care issues and tenancy issues are different things and
should be treated differently
Home care agencies should be aware of landlord tenant law
8
Definition of tenant responsibilities
Defines grounds for termination of tenancy for
breach of agreement
Fosters better landlord/tenant relationships to
define expectations clearly
Examples:
Paying rent on time and in full
Appropriate conduct by tenants
Controlling guests, not having extensive over night guests,
etc.
Responsibilities for damages and other costs
Amendment provisions - can and should be made
flexible
Many amendments will be signed by both landlord
and tenant
However, agreement can provide for amendment
by notice only - accepted by tenant if doesn’t give
notice of termination in response.
Handbook amendments
Rent increases
Changes in home care prices, etc.
9
Applicant Screening Fee
Application/Waiting List Fees or Deposits
Room Reservation Deposits
Security Deposits
Pet Deposits
#
Fee paid by prospective tenant for background check
No written agreement required
Charge only when there is a rental unit available or coming available
within a reasonable time
Must actually be used to pay for a screening; if not used, must be
returned to prospective tenant
No interest is paid - intended to cover actual costs
Must disclose, in writing or orally, the name of the tenant screening
service, if any, the landlord will use
If a service is used, Minnesota Statutes Sections 504B.235 through
.245 give prospective tenants certain rights to information.
$
10
%
&
“Prelease Deposit” – by law, must have a “conspicuous written
agreement” addressing:
If a rental agreement is signed, deposit must be applied to either
the security deposit or the first month’s rent
Other circumstances under which it will be returned
Law seems to imply that deposit will be returned if rental
agreement is not signed, but doesn’t actually say that, so
consider making this deposit/fee non refundable under certain
circumstances.
Must return it under any circumstance defined in agreement
within seven (7) days
Law doesn’t prohibit or require payment of interest – decide and
be clear
Written agreement not required, but a good idea. Put in the
rental agreement, in a separate agreement, or in a handbook.
Best not mixed in with a reservation agreement
By law, 3% simple interest must be paid until August 1, 2003;
after that, 1%.
Return at end of tenancy within three weeks (or after receipt
of the tenant’s new address) or furnish a written statement
showing the specific reason for withholding if tenant has
furnished new address
Withholding is allowed to remedy tenant defaults in rent or to
restore premises to its condition at commencement of
tenancy, ordinary wear and tear excepted, or other violations
of lease
11
Written agreement not required, but a good idea.
Comprehensive written policies about pet owner
responsibilities highly recommended
Pet deposit is like an additional security deposit. All other
provisions, like the payment of interest, are the same as for a
security deposit.
Policies commonly include provisions on licensure,
immunization, pet qualities and behavior, emergency
caretaking, landlord ability to incur charges to deal with pet at
tenant’s expense, etc.
Can’t prohibit animals that are required as an accommodation
to a tenant’s disability - landlords have paid considerable fines
for refusing to permit a service/companion animal as an
accommodation.
These are typically fees for home care assessments,
therefore not covered by Landlord/Tenant law.
Better not to mix paperwork about home care assessment
fees with residency documents, like reservation agreements,
security deposit agreements, etc.
Better to be included in home care documents as a separate
process.
12
'
Home Care – health related service delivery
Nurse Practice Act – Minn Statutes Sections 148.171 to 148.285
The primary source of “quality assurance” for consumers living in
senior housing and assisted living settings
Everyone should be fully aware and supportive of the supervision,
delegation, and scope of practice issues in the nursing “side” of
senior housing with services
Home Care law and rules – Chapter 144A.43 et seq and MN
Rules Chapter 4668
Assisted Living law, if applicable – Chapter 144G
Dementia disclosure and training laws, if applicable
Consumer Protection laws
Elderly Waiver (Customized Living and other services) and other
service cost subsidy programs, if applicable
In senior housing, home care agencies are
typically either Class A (not Medicare certified)
or Class F home care providers
Home care agencies and the services they offer
differ widely from senior housing site to site
Care must be taken to clearly identify the available services at
each site
Types of services
Hours at which services will be available
Number of staff available to provide those services at any one
time
13
Home care agency have written agreements
(service agreement or plan) with clients that
must include (licensure rule):
description of the services to be provided, and their frequency;
identification of the persons or categories of persons who are to
provide the services;
the schedule or frequency of sessions of supervision or
monitoring required, if any;
fees for services;
a plan for contingency action in case of emergency, etc.
Home care agencies are also well advised to include
additional terms in their service agreements/plans:
Business terms and required disclosures under home care laws,
housing with services and assisted living laws, etc.
Examples from housing with services law
name, mailing address, and telephone number of the home care
provider;
name and mailing address of at least one natural person who is
authorized to accept service of process on behalf of the entity
described in clause (1);
description of the process through which a home care service
agreement or service plan between a resident and the home care
provider, if any, may be modified, amended, or terminated;
home care provider'
s billing and payment procedures and
requirements; and
any limits to the services available from the home care provider.
14
Landlords and home care agencies are also well advised
not to combine the two types of agreements they have
with senior housing tenants/clients
Rental agreements (leases)
Home care service agreements/plans
They deal with two different relationships and have
two very different applicable laws surrounding
important issues like termination and notice
When they are combined, everyone (landlord, home
care providers, tenants/clients, families, counties,
health plans) can become confused about the
essential nature of the relationships when issues arise
#
Home care agencies may terminate services upon
proper notice, but proper notice differs with the situation
Define in service agreement/plan
Home care bill of rights sets minimum limits:
Thirty (30) days for most reasons for assisted living clients, ten
(10) days for other home care clients
Ten (10) days for non payment for assisted living clients
Immediate for emergency circumstances, including when a
significant change in the client’s condition has resulted in
service needs that exceed the current service provider
agreement and that cannot be safely met by the home care
provider
$
15
Home care agencies are not permitted to provide those services
they are not capable of providing safely
Home care licensure requirements
Nurse practice act considerations
Professional standards of care
If a tenant/client needs services different from, or more than, the
primary home care agency can provide, home care agency likely
can collaborate with other people or agencies to fill in the gaps
Class A only agency
Medicare certified agency
Hospice
Family
Volunteers
Termination or limitation of services by home care
agency does not mean, in itself, that tenant may not
continue to live in housing setting
This is area in which home care agencies must understand the
implications of the landlord tenant and fair housing laws
There may be other resources available to assist the tenant in
meeting the requirements of being a tenant, other than the
primary home care agency at any particular site
16
Termination of rental agreement and/or home care
service agreements/plan should be coordinated
between housing and home care
Housing must follow housing laws and rental agreement
provisions
Home care must follow standards of nurse practice, home care
laws and rules, and home care service agreement provisions
If tenant involved receives assisted living services, MN Statute
Sections 144G.03, subd. 6 and 144A.442 list particular subjects
to be addressed in the termination notices
Typically, each “side” will give separate notice, but in a
coordinated fashion
Termination or limitation of home care services may or may not
be accompanied by termination of the rental agreement.
(
Tenant returns home from hospital on Friday
afternoons or over the weekend, with or without
additional needs for services
Telling tenant that can’t return to own home (apartment) is really
not an option – landlord tenant law and lock out issues
But, home care CANNOT develop or implement updated service
plan without RN assessment
And, home care MAY NOT be able to staff an updated service
plan due to lack of scheduled staff or lack of skills by available
staff, even if RN is available to do updated assessment
Suggestion: Plan for returns at inconvenient times because they
will happen!
Let EVERYONE (tenant, family, hospital) know of these
critical limitations of service WELL IN ADVANCE, so they
become part of the planning process
Line up possible additional resources in advance
Perhaps schedule RN resources differently
17
)*+,- *).,/0*)
MN Health Department Housing with Services
http://www.health.state.mn.us/divs/fpc/profinfo/lic/lichws.htm
MN Health Department Home Care Guide 2008
http://www.health.state.mn.us/divs/fpc/profinfo/lic/newguide.pdf
Lots of other information also available about Class A and Class F agencies
MN Health Department Assisted Living Home Page:
http://www.health.state.mn.us/divs/fpc/profinfo/cms/als/alsindex.html
MN Board of Nursing www.nursingboard.state.mn.us
(
1
THANK YOU!
Barb Blumer
Orbovich & Gartner Chartered
651-454-7838
[email protected]
18
Education for Justice
FACT SHEET H-6
Fall 2007
HOUSING DISCRIMINATION
WHAT KINDS OF DISCRIMINATION ARE ILLEGAL?
In Minnesota, no one connected to your housing can treat you differently because of your:
•
•
•
•
Race
Sex
Color
Religion
•
•
•
•
Family Status (having kids or being pregnant)
Public Assistance (MFIP, GA, SSI, etc.)
Sexual Preference
Marital Status (being single or divorced)
•
•
•
•
Disability
National Origin
Age (St. Paul only)
Creed (beliefs)
WHAT ARE COMMON EXAMPLES OF DISCRIMINATION?
Application Denials
• When you call on the phone, the apartment is available. But
when the landlord sees the color of your skin, it is “already
rented.”
• The landlord says “no MFIP” or “no welfare.”
• You get turned down because you have a disability, even
though your disability would not keep you from following the
lease.
• The landlord says “no kids,” but it is not a seniors-only building
or an owner-occupied building with 4 units or less.
• The apartment manager treats the people who apply
differently. For example, they tell people who get welfare
they need an income of 3 times the rent, but they do not
tell that to working people.
• Your application is never processed.
Different Treatment
• The caretaker makes repairs for white tenants before tenants of color.
• The manager punishes lease violations more strictly if they are by people of color.
• The landlord will not make a simple change in the rules to let a person with a
disability to live there successfully. Like allowing a companion animal.
• There are special rules for children.
• The manager only shows you apartments in certain areas.
Harassment
• The caretaker pressures you to date him, and lets himself into your apartment.
• The security guard treats your visitors differently, because they are gay or lesbian.
• The neighbors try to force you out of the neighborhood with racial insults or threats.
For More Help Go to www.LawHelpMN.org or www.midmnlegal.org
WHAT CAN I DO ABOUT IT?
If you are turned down for an apartment and you suspect discrimination, call the numbers
below for help right away. You can have someone you know call the landlord and apply,
and see how the landlord treats that person. For example, if you suspect discrimination
based on race, see if a white person gets treated better. Keep notes on what happened
each time and who you each talked to.
If you are being treated badly or harassed where you live, write a letter to the landlord.
Keep a copy of it and of any evidence of the discrimination. Try to have witnesses who
can see or hear it. Write down notes every time something happens. If the discrimination
does not stop, or if you are in danger, call for help.
LAWSUITS AND AGENCY COMPLAINTS
You can start a lawsuit to stop the discrimination and sometimes get
money damages. If you need quick action to get an apartment you
were denied, to stop harassment, or to avoid an eviction, a lawsuit may
be your best bet. If you have a low income, call your legal aid office.
In the Twin Cities metro area, call the Housing Discrimination
Law Project (612) 334-5970 or Housing Equality Law Project,
(651) 222-4731.
You can also look for help from government agencies that enforce
housing discrimination laws. They will investigate at no charge to
you. If they find discrimination, they will see if an agreement can be
reached. If no agreement is reached, the agency may file a case against the person who
discriminated. 2 of these agencies are:
Housing and Urban Development
77 West Jackson Boulevard
Chicago, IL 60604-3507
Phone: (800) 424-8590
TDD: (800) 543-8294
Minnesota Department of Human Rights
190 E 5th St., Ste. 700
St. Paul, MN 55101
Phone: (651) 296-5663
TDD: (651) 296-1283
Whatever you do, act fast. In most cases, you need to file a complaint or lawsuit within 1 or
sometimes 2 years.
Minneapolis Legal Aid – CLE
MN Legal Services Coalition
2324 University Avenue W. – Suite 101B
St. Paul, MN 55114
Do not use this fact sheet if it is more than 1 year old.
Write us for updates, a fact sheet list, or alternate formats.
Fact Sheets are not a complete answer to a legal problem.
See a lawyer for advice.
Minnesota Department of Human Services
Outline of Basic Legal Requirements in Senior Housing
Barb Blumer, Orbovich & Gartner Chartered
[email protected] 651-454-7838
April 3, 2008
LANDLORD
HOME CARE SERVICES
Landlord/Tenant law
Nurse Practice Act
Fair Housing and Human Rights –
non discrimination - race, religion, disability, status with
regard to public assistance, etc.
Vulnerable Adult Act
Abuse/neglect reporting
Abuse prevention plans for each client
Housing with Services Registration law, if applicable
Assisted Living law, if applicable
Dementia disclosure law, if applicable
Home Care Licensure laws and rules
Assisted Living law, if applicable
Dementia Disclosure law, if applicable
Tenant privacy expectations
Medical Information Privacy laws State law and HIPAA, perhaps
Consumer Protection laws
Consumer Protection laws
Negligence law concepts
Negligence law concepts
Contract law concepts
Contract law concepts
Laws on relationships of families and tenants, such as
guardianship, powers of attorney, health care agents,
personal representative of estates, etc.
Laws on relationships of families and clients, such as
guardianship, powers of attorney, health care agents,
personal representative of estates, etc.
Group Residential Housing, Section 8, HUD and other
rental subsidies or standards, if applicable
Medical Assistance/Elderly Waiver program participant
requirements, if applicable - non discrimination
Building, fire, and zoning codes and licenses
Food, beauty, transportation services, etc.
laws and licenses