September 14, 2016
The Department of Housing and Urban Development is set to publish a new final rule that, among other things, extends Fair Housing protections to victims of domestic violence and sexual harassment. According to a press release on the HUD official site, the agency is “formalizing legal standards under the Fair Housing Act for sexual and other forms of harassment in housing. In addition, HUD is issuing Fair Housing Act guidance on local nuisance ordinances that may lead to housing discrimination against survivors of domestic violence and other persons in need of emergency services.”
These are important protections for those seeking FHA home loans (or any other type of mortgage) but also for renters, house hunters, etc. According to the press release, “HUDs final Harassment Rule is titled Quid Pro Quo and Hostile Environment Harassment and Liability for Discriminatory Housing Practices under the Fair Housing Act. HUD and courts have long held that harassment in housing or housing-related transactions on the basis of race, color, national origin, religion, sex, disability, and familial status is prohibited under the Fair Housing Act. The final rule specifies how HUD will evaluate claims of ‘hostile environment’ and ‘quid pro quo’ harassment in both private and publicly-assisted housing.”
These are important developments because they give further enforcement power to protect those looking for housing or who are already in purchased or rented properties. According to the HUD official site, “HUDs Guidance on Application of Fair Housing Act Standards to the Enforcement of Local Nuisance and Crime-Free Housing Ordinances Against Victims of Domestic Violence, Other Crime Victims, and Others Who Require Police or Emergency Services is intended to inform state and local governments, as well as private and public housing providers, as to how HUD will assess nuisance or crime-free housing ordinances, policies, or practices alleged to be discriminatory under the Fair Housing Act.”
Such local ordinances may, according to the press release, be used to “evict domestic violence survivors” and anyone else who needs police or emergency assistance.
“On the 22nd anniversary of the Violence Against Women Act, HUD makes it clear that no one should have to choose between calling 9-1-1 and being evicted,” said HUD Secretary Julian Castro, who was quoted in the press release. “A home should be a sanctuary where everyone can live without the threat of violence or harassment. The actions we take today will work together to protect the housing rights of victims of harassment and survivors of domestic violence.
The new final rule includes the following, as found in the press release:
-Formal uniform standards for evaluating claims of hostile environment and quid pro quo harassment in the housing context. “Quid Pro Quo Harassment” involves subjecting a person to an unwelcome request or demand and making submission to the request or demand a condition related to the persons housing. “Hostile Environment Harassment” involves subjecting a person to unwelcome conduct that is sufficiently severe or pervasive such that it interferes with or deprives the person of the right to use and enjoy the housing.
-Clarification as to when housing providers and other covered entities or individuals may be held directly or vicariously liable under the Fair Housing Act for illegal harassment or other discriminatory housing practices.
-“The Nuisance Ordinance Guidance” addresses ordinances that penalize residents for a small number of 911 calls to police, even when a person is in need of protection from domestic violence or another crime. Nuisance ordinances often require or allow landlords to evict residents in such circumstances, thereby discouraging victims from reporting domestic abuse or other crimes and obtaining the emergency police and medical assistance they need.
Joe Wallace has been specializing in military and personal finance topics since 1995. His work has appeared on Air Force Television News, The Pentagon Channel, ABC and a variety of print and online publications. He is a 13-year Air Force veteran and a member of the Air Force Public Affairs Alumni Association. He was Managing editor for www.valoans.com for (8) years and is currently the Associate Editor for FHANewsblog.com.
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