1 of 63

HAWAI‘I CIVIL RIGHTS COMMISSION

U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

J

FAIR HOUSING MONTH 2024

FAIR HOUSING 101!

2 of 63

AGENDA

J

10:00 a.m. Welcome and Introductions

10:10 a.m. Fair Housing 101

10:50 a.m. Break

11:00 a.m. Fair Housing 101 continued

11:45 a.m. Questions

12:00 p.m. Conclude

3 of 63

D

Dan O’Meara

Equal Opportunity Specialist

(800) 457-4666

Daniel.j.omeara@hud.gov

4 of 63

D

Shelby Kolek,

Equal Opportunity Specialist, Intake

Shelby.A.Kolek@hud.gov

5 of 63

HEATHER McVAY

Deputy Executive Director

(808) 586-8636

DLIR.HCRC.INFOR@hawaii.gov

www.labor.hawaii.gov/hcrc/

H

The state's largest, oldest public interest service provider serving the needs of the most vulnerable in our community.

HAWAI‘I CIVIL RIGHTS COMMISSION

The mission of the Hawai‘i Civil Rights Commission is to eliminate discrimination by protecting civil rights and promoting diversity through enforcement of anti-discrimination laws and education.

6 of 63

MARCUS KAWATACHI

Executive Director

(808) 586-8636

DLIR.HCRC.INFOR@hawaii.gov

www.labor.hawaii.gov/hcrc/

M

The state's largest, oldest public interest service provider serving the needs of the most vulnerable in our community.

HAWAI‘I CIVIL RIGHTS COMMISSION

The mission of the Hawai‘i Civil Rights Commission is to eliminate discrimination by protecting civil rights and promoting diversity through enforcement of anti-discrimination laws and education.

7 of 63

YOU!

H

8 of 63

�Fair Housing and Equal Opportunity Mission

The mission of the Office of Fair Housing and Equal Opportunity (FHEO) is to eliminate housing discrimination, promote equal opportunity, and achieve diverse, inclusive communities by leading the nation in the enforcement, administration, development and public understanding of federal fair housing and civil rights policies and laws.

D

9 of 63

FHEO Activities

Education and outreach
Technical Assistance
Investigating fair housing complaints
Conducting Compliance Reviews
Managing fair housing grants
Ensuring civil rights compliance in HUD programs

D

10 of 63

OVERVIEW OF

FAIR HOUSING LAW

42 U.S.C. 3601 et seq. | 24 C.F.R. Part 100

H.R.S. Chapter 515 | H.A.R. 12-46-301 et seq.

29 U.S.C. § 794 | 24 C.F.R. 8.1 et seq.

D

11 of 63

Fair Housing…

D

12 of 63

MARTIN LUTHER KING, JR.

FAIR HOUSING LEGACY

D

13 of 63

H

14 of 63

PROHIBITS DISCRIMINATORY PRACTICES BY AN OWNER,

ANY PERSON ENGAGING IN A REAL PROPERTY OR

REAL ESTATE TRANSACTION, OR A REAL ESTATE BROKER

OR SALESPERSON AGAINST

ANOTHER PERSON.

(1967) HAWAIʻI FAIR HOUSING LAW

HRS §§ 368 and 515

FEDERAL LAW (1968, 1974, 1988 )

42 U.S.C. 3604 ET SEQ.

THE FAIR HOUSING ACT PROTECTS PEOPLE FROM DISCRIMINATION WHENTHEY

ARE RENTING OR BUYING A HOME, GETTING A MORTGAGE, SEEKING HOUSING ASSISTANCE, OR ENGAGING IN OTHER HOUSING-RELATED ACTIVITIES.

H

15 of 63

THE STATE AND FEDERAL FAIR HOUSING ACT APPLY TO A WIDE RANGE OF HOUSING PROVIDERS THAT INCLUDE THE FOLLOWING:

EMERGENCY

SHELTERS

DOMESTIC

VIOLENCE

SHELTERS

GROUP

HOMES

HOMELESS

SHELTERS

DORMITORIES

AND OTHER HOUSING TYPES.

H

16 of 63

AGE

ANCESTRY

HIV STATUS

MARITAL STATUS

SEXUAL ORIENTATION

SOURCE OF INCOME*

SEX specifically covers

GENDER IDENTITY and

GENDER EXPRESSION

HAWAIʻI LAW

HRS §§ 368, 368F*, and 515

HAR §§ 12-46-301 to 318

SEX

RACE

COLOR

RELIGION

DISABILITY

FAMILIAL STATUS

NATIONAL ORIGIN

FEDERAL LAW

42 U.S.C. 3604

SEX including

Gender ID and expression

RACE

COLOR

RELIGION

DISABILITY

FAMILIAL STATUS

NATIONAL ORIGIN

FEDERAL LAW

42 U.S.C. 3604

D

17 of 63

RACE

Race refers to whether a person belongs to one or some mixture of two or more of these racial categories in the U.S. Census:

American Indian/Alaska Native
Asian
Black/African American
Multi-racial
Native Hawaiian/Other Pacific Islander
White

.

D

18 of 63

NATIONAL ORIGIN

Under the Fair Housing Act, National Origin includes ancestry, birthplace, culture, ethnicity and language.

D

19 of 63

COLOR�

D

20 of 63

RELIGION

D

21 of 63

SEX (FEDERAL)

State of being male or female and the conditions associated therewith.

*Interpreted to include gender identity and expression & sexual orientation

*Bostock v. Clayton County

SEX

H

22 of 63

H

23 of 63

SEX

SEX refers to the physical characteristics one is born with and develops such as genitalia, body shape, body hair, chromosomes, etc. Male, Female, and Intersex are categories of Sexes.

This category is usually fixed. Intersex people are often assigned a sex at birth or a sex decided upon by the individual.

H

24 of 63

Gender Identity

Gender Identity refers to how you feel about yourself.

This category can change based on an individual, their environment, or comfort levels about revealing one’s identity to others.

www.mypronouns.org

THEY/THEM

SHE/HER

HE/HIM

SHE/THEY

HE/THEY

Less common pronouns:

ZE pronounced “zee” and replaces “she/he/they”

HIR pronounced “here” and replaces “her/hers/him/his/they/theirs”

H

When I say this category can change based on environment, I am not referring to the “nature vs. nurture” idea, but rather that some individuals may have a change of identity in their lifetime. Everyone has a right to live their truth and in a safe and healthy environment especially in our own homes, but unfortunately that is not historically the case for some transgender people. Building an inclusive community where everyone is valued is part of that. So lets talk about some terms.

Some people don’t feel like their identity matches the sex they were born with or assigned at birth, and some do.

If your sex matches your identity, that is called “CISGENDER”. The prefix Cis means “on this side”.

On the other hand, if a person feels like their sex does not match their identity, we call that “TRANSGENDER” Trans meaning cross over. Thus, the term transgender covers many types of identities depending on where you started and where you end up.

A fundamental step in creating an inclusive community is normalizing a safe way for others to share their pronouns. Because we cannot assume someone’s identity based on their appearance, the best practice to ask what someone’s correct pronouns are. For example you could introduce yourself by saying, “I’m [N.] and my pronouns are she or they, what are yours?” Or, “Could you remind me what your pronouns are?”. Also asking if someone is comfortable using these pronouns in front of others is a good way of making sure you represent someone in a respectful way. If you are unsure and not comfortable asking, or unable to ask, simply use the individual’s name. If you misgender someone on accident simply apologize and move on.

Honorifics like Mr. or Ms. Likewise should not be assumed. For example the HCRC simply uses an individual’s name when addressing a letter or business communication. Donʻt let these ideas overwhelm you, because the best practice is still to simply ask someone what thier correct pronouns are.

25 of 63

Gender Expression

Gender Expression refers to how you present yourself on the outside or how you are perceived.

Gender expression is fluid and can change based on the environment, and how comfortable someone feels.

H

Gender expression can appear different in different settings. A person may or may not be comfortable sharing their true expression out of fear for safety or convenience or simply because they want to.

Each of us express who we are though behavior, clothing, body characteristics, or voice which may or may not conform with socially defined behaviors typically associated with the binary scheme of “masculine” or “feminine”. However, some individuals are gender-fluid and do not identify with a single fixed gender identity. You may have heard the term “nonbinary” which refers to anyone whose gender isn’t exclusively male or female. So for example, a nonbinary person may present different gender expressions that they find represents their true self.

The same best practice applies to gender expression as gender identity - If you wish to address someone in the safest and most respectful way, simply ask what the individual’s correct pronouns are, or even more simple - use their name.

A note about gendered language in policy and practice. The best practice is to use gender neutral policlies and language. For example rather than posting a notice that “workmen” will be in the building, you can say “workers” will be in the building. Dress codes can be gender neutral by removing references to either “men” or “women” and instead refer to “residents” or “individuals”. There is a lot of infomration about these ideas in the HUD LGBTQIA+ toolkit on the “HUD EXCHANGE” website. Please take a look for more ideas.

26 of 63

Sexual Orientation refers to who you are attracted to/ love physically and emotionally.

This category can change.

Sexual Orientation

H

27 of 63

FAMILIAL STATUS

Coverage

Child under age 18 residing with:

Parent(s)
Legal custodian
Person in the process of becoming a legal custodian or
Someone designated by parent or legal custodian to house the child
a Pregnant person
Hanai relationships HAR 12-46-302

H

28 of 63

NEW LAW UPDATE

H

29 of 63

Cannot discriminate against renters using section 8 or other assistance program.
Applies to landlords who own more than four properties.
Violations could result in fines of 2K per incident, up to 2,500 per incident.
Discrimination = publishing an ad that says “No Section 8” or other similar limitation
Refusing to rent to prospective tenant using a voucher or other assistance program.
Having different terms and conditions for tenants using vouchers or other assistance program

H

30 of 63

DISABILITY

Physical or Mental Impairment

that substantially limits one or more

major life activities

REGARDED

Regarded as having such an impairment.

RECORDED

Record of

such an impairment.

t

D

31 of 63

H

Exemptions: (Refer to the law – Fed and HI different, overall don’t do it).

not more than two families living independently of each other if the owner or lessor resides in one of the housing accommodations; or

the rental of a room or up to four rooms in a housing accommodation by an owner or lessor if the owner or lessor resides in the housing accommodation.

(b) Nothing in section 515-3 shall be deemed to prohibit refusal because of sex, including gender identity or expression, sexual orientation, or marital status, to rent or lease housing accommodations:

(1) Owned or operated by a religious institution and used for church purposes as that term is used in applying exemptions for real property taxes; or

(2) That are part of a religiously affiliated institution of higher education housing program that is operated on property that the institution owns or controls or that is operated for its students pursuant to Title IX of the Education Amendments of 1972, P.L. 92-318.

(c) Nothing in this chapter regarding familial status or age shall apply to housing for older persons as defined by title 42 United States Code section 3607(b)(2)

32 of 63

OBJECTIVE FACT FINDING

Conducts a neutral investigation to collect relevant information from all sides.

CONCILIATION

Works impartially with both parties to reach settlement that may benefit everyone.

DETERMINATION

After investigation is complete, determination is issued to find either no cause or reasonable cause.

HAWAIʻI CIVIL RIGHTS COMMISSION

U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

H

33 of 63

S

34 of 63

H

35 of 63

Offered in-house by HCRC

A neutral mediator assists parties in reaching an amicable resolution of the complaint

A voluntary and confidential process

May resolve the complaint more quickly and without going through a full investigation

High rate of successful resolution

Mediation

H

36 of 63

H

37 of 63

SECTION BREAK

38 of 63

Who Can Be Sued? �Who Can Be Named in a Complaint?

Anyone involved who is alleged to have been involved in a discriminatory housing act:

Some examples - clerical staff, maintenance staff, landscapers, vendors, neighbors, tenants, landlords, owners, managers, real estate agents, brokers, newspapers, insurance companies, mortgage companies, banks, lenders, architects, developers, homeowners’ associations, government agencies, police departments, etc.

H

39 of 63

Housing Discrimination Can Take Many Forms�Some Examples …

Denial of housing because of a potential resident’s religion, sexual orientation, marital status, etc.
Unequal treatment in a potential resident’s application process (e.g., criminal background check) because of his or her race, sex, age, etc.
Resident manager enforces house rules unequally because a household has minor children or a person with a disability
Imposing additional program requirements on participants based upon their protected class such as “parenting classes” or “support groups.”

H

40 of 63

�More Housing Discrimination Examples

Office staff hangs up on a resident or refuses to return a phone call because of the person’s limited English proficiency

Board of directors of a homeowners’ association unequally subjects an owner to fines or fees because he or she has complained about alleged housing discrimination

Security staff subjects a resident to sexual advances, racial slurs, or other harassing conduct, and corrective action not taken

H

41 of 63

Change, exception, or adjustment to a rule, policy, practice, or

service that may be necessary for a disabled person to have an equal opportunity to use and enjoy a housing accommodation/dwelling, including public and common areas.

Reasonable Accommodation

D

42 of 63

Reasonable Accommodation Examples

Reserving a parking place for a mobility-impaired tenant closer to his unit than other tenants are entitled to have
Allowing a resident to participate in meetings via telephone conference when unable to appear in person due to a disability
Waiving a rule against non-residents using the laundry room to allow the friend of a disabled resident to do that resident’s laundry

D

43 of 63

Assistance Animals | not pets

Animals that do work, perform tasks, assist, and/or provide therapeutic emotional support for individuals with disabilities.

support animal

service dog

Provides support that alleviates one or more symptoms of a person's disability

"means any dog that is individually trained to do work or perform a task for the benefit of an individual."

D

44 of 63

D

45 of 63

D

46 of 63

D

47 of 63

�Advertising �

It is unlawful to publish or cause to be published an advertisement that expresses a preference, limitation, or discrimination on the basis of a protected category.

H

48 of 63

Advertising

“Publishing”

Newspaper, hand-written ads, eviction notice, newsletters, bulletin board notice, verbal statements, application forms, etc.

Examples

“Not suitable for children”
“Female preferred”
“Japanese only”
“We don’t rent to people with assistance animals”
“Perfect for single professional” or “empty nester”

H

49 of 63

Retaliation

It is illegal to subject a person to adverse treatment because the person:
Exercised any rights granted by fair housing laws,
Opposed a discriminatory practice, or
Filed a fair housing complaint or assisted in filing a complaint.

* This is a stand-alone legal claim and the second highest basis for filing housing discrimination claims.

H

50 of 63

Retaliation Examples�

Evicting a tenant for reporting discrimination to the landlord or filing a discrimination complaint with HUD or HCRC

Retaliatory conduct against a real estate agent who refuses an owner’s decision to discriminate

Vandalism or violence directed against an individual for participating in a HUD or HCRC investigation

Raising a tenant’s rent or program fee for refusing an owner’s sexual advances

H

51 of 63

�Record Keeping Duties

In General

Failure to preserve relevant records pertaining to HCRC investigation

Hawaii Administrative Rule (HAR) 12-46-304 [c] and 304 [d])

Effect: Adverse inference of discrimination can be made if records are not retained

H

52 of 63

True or False

If a housing provider unintentionally engages in discrimination, he/she/they cannot be held liable under the Fair Housing Act. Or Hawaiʻi State law.

53 of 63

True or False

Service animals must be certified and have proof of training and a vest, collar, or other identifying accessory.

54 of 63

True or False

A person with a disability may request an emotional support animal that is not trained to do anything in particular as a reasonable accommodation for the equal use and enjoyment of their home.

55 of 63

True or False

Under Federal Law, indicating a preference based on sex/gender in advertising an available apartment or room is legal.

56 of 63

True or False

A Housing provider may turn down a Pacific Islander applicant because of the applicant’s lack of a steady job and income.

57 of 63

True or False

A Housing provider can charge a pet deposit and pet rent for an emotional support animal.

58 of 63

True or False

A housing provider may ask any resident who needs an assistance animal to provide:

Verification of disability my a health care professional.
If the animal is needed to alleviate one or more of the disability related symptoms.

59 of 63

True or False

A housing provider may ask a resident’s GUEST with an assistance animal (and non-obvious disability) for a note from he/she/their health care provider regarding the need for an assistance animal.

60 of 63

True or False

A housing provider may prohibit assistance animals from the pool area for health and sanitary reasons.

61 of 63

Providing legal information and not legal advice.

Legal information explains the law and the legal system. Generally, Legal Advice applies the law, including statute and case law, and legal principles to a particular situation.

(808) 536-4302

(808) 586-8636

(808) 457-4677

(808) 537-9140

TECHNICAL ASSISTANCE

LEGAL AID SOCIETY OF HAWAIʻI

HAWAIʻI CIVIL RIGHTS COMMISSION

U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOP.

(HSBA) LAWYER REFERRAL & INFORMATION SERVICE

ANY CLARIFICATIONS OR QUESTIONS?

If you would like legal advice, please speak to a private attorney.

M

62 of 63

63 of 63

This Photo by Unknown Author is licensed under CC BY-NC

Mahalo!