WASHINGTON STATE FAIR HOUSING UPDATEPublished by the Fair Housing Partners of Washington
November 2009ARTICLES IN THIS ISSUE
Assistance Animals In Housing – New HUD Guidance Regarding Assistance Animals
HUD recently issued a final rule amending HUD’s existing regulations to provide that pet rules do not apply to service animals for persons with disabilities. While these regulations address pubic housing, at least one federal Court has found HUD’s guidance persuasive, and held that animals needed for disabilities in housing need not be trained, and both HUD and DOJ are actively pursuing enforcement actions based on this position. Protecting Tenants at Foreclosure Act
The federal Protecting Tenants at Foreclosure Act of 2009 and a new Washington state law also passed this year provide protections for tenants whose homes are sold at a foreclosure sale. The cumulative effect of the new laws means that a foreclosing party must provide Washington tenants with a 90-day pre-foreclosure notice under state law and a purchaser at foreclosure must provide a 90-day post-foreclosure eviction notice under federal law. TCAP Funds = Federal Financial Assistance: Housing Provider Must Pay for Reasonable Modifications
The Low-Income Housing Tax Credit (LIHTC) program has generally not been defined as “federal financial assistance,” and thus, LIHTC properties has not had to pay for reasonable modifications for t, including the Tax Credit Assistance Program (TCAP). Funds awarded under the HUD TCAP program are considered federal financial assistance, so LIHTC communities that receive TCAP funds now must pay for reasonable modifications. Seattle Adds Veterans and Military Status as a Protected Class
In June of this year the Seattle City Council voted to add veterans and military status to the list of groups protected from discrimination in employment, housing and public accommodations. Fair Housing CasesFair Housing Testing Three Part Series, Part I – Testing Outcomes: Disability Cases
Testing plays a vital role in enforcing fair housing laws. Many believe that testing is the single most important investigative tool used to document illegal housing discrimination. As of late, the Fair Housing Center of Washington has received a large number of complaints based on disability, particularly with requests for reasonable accommodations.Fair Housing Violations in Unusual Places: No Child Left on Board (at this marina)
Late last year, a Seattle resident was negotiating to buy a boat from an owner currently moored at a local marina. The buyer told the seller he planned to live aboard, and sometimes his young daughter would join him for overnight stays. That’s when the seller told him that the marina barred children from living aboard boats in the marina. “No Section 8” Ads Show Up on Craigslist
Earlier this year SOCR settled a group of five director’s charges filed against property managers who had run rental ads on Craigslist, the online “want-ad” web site. The ads clearly stated that no Section 8 applicants need apply. Four Housing Complexes in Spokane Will Be Made Accessible
On May 20, 2009, the developer, architects, and engineers of four multi-family housing complexes in the Spokane, Washington, area entered into a consent decree with the Department resolving a lawsuit alleging that the complexes were designed and constructed in violation of the Fair Housing Act. Apartment Complex Pays $35,000 in Damages for Refusing to Accommodate a Tenant with a Disability
The federal court in Tacoma approved a $35,000 settlement of HUD’s lawsuit against the former owners and managers of Valley View Apartments in Longview, Washington. A tenant with a mobility disability asked to use two contiguous parking spaces in the complex’s lot until until the owners marked out an accessible space in the lot. The lawsuit alleged that the owners violated the Fair Housing Act by refusing his request and by seeking to evict him after he requested the accommodation.
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