July 2023 - Disability
< Back to All Newsletters
Welcome Note
Welcome to our inaugural Fair Housing Newsletter. We are excited to stay connected to our partners and engage with new ones, as we offer insight into some of the more common issues our communities face in regards to housing discrimination. Each month, we will highlight information and updates regarding fair housing rights and protections, so that you, our community and fellow advocates, will be better equipped to identify and respond to the struggles brought to your attention. Please feel free to share this with fellow advocates and be sure to reach out to us with questions and referrals.
Fair Housing & Disability
In 2021, there were 31,216 complaints of Housing Discrimination filed throughout the United States.
54% of these complaints were based on discrimination against a person with a disability (1).
82% of these complaints were based on rental-related discrimination, such as denying a rental to someone, refusing to make a reasonable accommodation or modification, giving certain tenants different terms and condition, or retaliation for exercising one’s rights.
While new tenants often sign 12-month leases, in the past 5 years, only half of renters nationwide renew a full 12-month lease, while the other half default to a month-to-month tenancy (2).
For new tenants in 2022, 75% of renters reporting seeing a rental increase from the home the were living in previously.
The average increase of rent for tenant seeking a new home was 12.2% in 2022.
The 2023 Cost of Living Adjustment increase for families receiving Social Security benefits was 8.7% (3).
2022 Fair Housing Trends Report, NFHA, https://nationalfairhousing.org/wp-content/uploads/2022/11/2022-Fair-Housing-Trends-Report.pdf
U.S. Bureau of Labor Statistics, https://www.bls.gov/spotlight/2022/housing-leases-in-the-u-s-rental-market/home.htm
Social Security Administration, https://www.ssa.gov/oact/cola/latestCOLA.html
So What Does It All Mean?
When a person with a disability rents their living space, they are more susceptible to be discriminated against than any other protected class.
When a person with a disability makes a lawfully protected and reasonable request for an accommodation or modification to their home, a denial means either living without the requested accommodation or seeking new housing.
Seeking new housing means paying an increased rent that is unaffordable due to the rapidly rising cost of housing, that outpaces the increase in income.
A person with a disability is more likely to be forced to live without needed adjustments to their homes and be on the receiving end of discrimination for years at a time.
What Can We Do?
Contact your local Fair Housing Initiative Project (FHAP) for assistance with navigating lawful protections and complaint process so that:
A proper request for a Reasonable Accommodation or Modification is submitted to your landlord or property manager.
The Interactive Process for determining a strategy for approval is initiated.
An Administrative Complaint is properly filed, identifying standing, jurisdiction, and timeliness.
An investigation into the discriminatory treatment or event is conducted.
Potential settlement or conciliation is explored.
When necessary, litigation occurs as a legal remedy for justice.
Community Outreach
Upcoming Outreach Events
August 5th- Palatka Police Athletic League’s Book back and Clothing Giveaway
August 7th -Peaceful Path’s Back to School Backpack Drive
August 26- Neighborhood Center for Families’s Family Engagement and Resource Expo
Pierson Community Food Drive
On July 12, Florida Legal Services participated in the Pierson Community Food Drive hosted by the Rotary Club of Flagler Beach. Over 400 families received food, while at the same time receiving information and materials about Fair Housing rights, protections, and resources. Thank you Rotary Club of Flagler Beach for letting us be a part of your efforts.
Free Grocery Store Deliveries
This month our new Outreach Coordinator, Pia Molina, has been participating in a Gainesville free weekly grocery delivery program known as Free Grocery Store (FGS). FGS is an all-volunteer mutual aid food pantry and garden based in Gainesville, FL. They offer a walk-up pantry every Tuesday at 4pm where participants can choose their own food according to their needs. Their delivery service delivers food to about 200 people every week.
Gainesville Food Drive
On July 22, Outreach Coordinator Pia Molina assisted with Women Working with Women’s quarterly food drive in East Gainesville. Pia helped with car registration and handed out Spanish and English brochures while doing so. We are excited about working together with Women Working with Women for the next one in November!
State & Nationwide Legal Update
On June 27, 2023, the court entered a consent order in United States v. MA Partners 2 (N.D. Tex.). The complaint, which was filed on February 22, 2023, alleged that the defendants discriminated on the basis of disability in violation of the Act by refusing to allow complainants, who received their SSI and SSDI payments around the third of every month, to pay their rent by the fifth of the month. The consent order requires the defendants to pay $10,000 in damages to the complainants. The order also requires these defendants to undergo fair housing training, adopt non-discrimination and reasonable accommodation policies, and submit periodic reports to the United States. The case was referred to the Division after the U.S. Department of Housing and Urban Development (HUD) received a complaint, conducted an investigation, and issued a charge of discrimination.
As of July 7, 2023, the court has entered nine consent orders partially resolving the United States’ claims in United States v. J. Randolph Parry Architects, P.C. (“Parry”) (E.D. Pa.). The complaint, which was filed on December 11, 2020, alleges that Parry, the main defendant and architect, engaged in a pattern or practice of discrimination and denial of rights to a group of persons on the basis of disability in violation of the Fair Housing Act (FHA) and Americans with Disabilities Act (ADA) by failing to design and construct at least 15 multifamily senior living complexes in four states with the required accessibility features. The consent order between the United States and Parry requires Parry to contribute $350,000 to a retrofit fund to be used for retrofits at the properties, to pay $75,000 into a settlement fund to compensate individuals harmed by the inaccessible housing, and to pay a civil penalty of $25,000 to the government to vindicate the public interest. Five of the consent orders require current or former property owners to perform retrofits at one or more of the properties at issue and, in certain instances, to contribute to a settlement fund and/or pay a civil penalty to the United States. The retrofits will, among other things, make the kitchens and bathrooms at the properties more accessible and usable. The remaining consent orders require current property owners to ensure access to the properties at issue to enable the completion of required retrofits. The lawsuit continues against the remaining property owners.
The federal Fair Housing Act (FHA) protects you from discrimination in housing based on race, color, religion, national origin, sex, disability, and familial status. This applies to renting, buying, mortgages, appraisals, insurance, and looking for a place to live.
IF YOU THINK YOU’VE BEEN THE VICTIM OF HOUSING DISCRIMINATION, PLEASE CONTACT US AT:
407-801- 4224
850-680-1729 (Spanish)
fairhousing@floridalegal.org
www.floridalegal.org/fairhousing
The work that provided the basis for this publication was supported by funding under a grant with the U.S. Department of Housing and Urban Development. The author and publisher are solely responsible for the accuracy of the statements and interpretations contained in this publication. Such interpretations do not necessarily reflect the views of the Federal Government.