Educators' Perceptions of Indiana's Teacher Evaluation Law

THE BASICS OF
THE FAIR HOUSING ACT
Presented by:
Sarah Fisher
 Idaho Human Rights Commission
208-334-2873
 
Fair Housing Basics
1.
What is Fair Housing?
2.
What are the Federal protected
bases
?”
3.
What is covered?
 
issues
?”
Fair Housing Basics
4.
What makes discrimination
illegal?
5.
Who must comply?
What is Fair Housing?
   Fair housing is the right of all
people to be free from
discrimination in the rental, sale,
or financing of housing.
Fair Housing means Equal Access
The Federal Fair Housing Act
 
Prohibits discrimination in 
public and private
housing on the 
bases
 of:
Race/Color
Sex (Gender)
Religion
National Origin
Disability
Familial Status (Presence of children under
18, pregnant female, securing custody, and
designee of custodian)
Virtually
 ALL 
housing related transactions are
covered, including:
 
Renting
 or 
buying
Terms or conditions,
Rules
 & 
policies
, 
contracts
Reasonable accommodations
Mortgage lending, appraisals, and
insurance
 Advertising
What 
issues
 are covered
under the Act?
What makes discrimination
illegal?
Discrimination means being treated
differently
 than others
Not all discrimination is illegal
Illegal Discrimination = Covered Issue
+ Covered Basis
Refusing to rent 
(Issue) housing to someone
because she is a 
woman
 (Basis)
What makes discrimination
illegal?
Discrimination can mean
a failure to reasonably accommodate a
person’s disability
What makes discrimination
illegal
?
 
Discrimination can mean a landlord’s
neutral policy, when put into
practice, has a greater negative
effect on one group of people of a
certain protected class more than
another group of people
Illegal Discrimination Can Be
Charging a higher rent amount
 
for tenants with children
Making a tenant follow
 
stricter rules because he is Russian.
Illegal Discrimination Can Be…
Charging a pet deposit or a fee for a
service animal.
Requiring a qualified applicant to
meet higher standards because she is
African-American
Illegal Discrimination Can Be…
Evicting a disabled tenant because she
requires a reasonable accommodation
and needs a ramp for her disability
Telling applicants that an available
apartment has been rented once it is
known they are Muslim
Illegal Discrimination Can Be…
Retaliating against a tenant who has filed a
Fair Housing complaint
Failing to take action if a tenant complains
that another tenant is harassing them
because they are Mexican
Who must comply
with the Fair Housing Act?
Can include, but is not limited to:
Any person and/or entity involved in the
rental or sale of a dwelling or the
advertisement of a dwelling
Who must comply
with the Fair Housing Act?
Any person and/or entity involved in the
design and construction of new dwellings
Any person and/or entity involved
in other real estate related transactions such
as mortgage lending, property/hazard
insurance, zoning, municipal services
This Means…
Property Owners
Property 
Managers
Property Maintenance Staff
Real Estate Brokers or Agents
Homeowners/Condominium Associations
Housing Authority Staff
Housing Developers and Contractors
Mortgage Lenders and Financial
Institutions
Advertising Media
Specific Fair Housing Issues
Sexual Orientation
Family Status
Advertising
The Fair Housing Act and Sexual
Orientation
 
Sexual Orientation and Gender Identity
are not protected classes under the Fair
Housing Act.
However, a lesbian, gay, bisexual, or
transgender person’s experience with
sexual orientation or gender identity
housing discrimination may still be
covered by the Fair Housing Act.
How?
 
Under Disability
:
 
A gay man is evicted because his
landlord believes he will infect other
tenants with HIV/AIDS.
How?
 
Under Sex/Gender
:
 
A property manager refuses to rent an
apartment to a prospective tenant who is
transgender.
Familial Status
What is familial status?
Do’s and Don’ts
Occupancy
HOPA
Defining Familial Status
The presence of one or more children
under the age of 18 in the household
Parent, step-parent, adoptive parent,
guardian, foster parent or custodian of a
minor child
Pregnant woman or someone in the
process of acquiring legal custody of a
child
Do’s and Don’ts:
Do not refuse to rent to qualified families
with children unless you are a Housing for
Older Persons (HOPA)
Do not refuse to rent to qualified families
with children because of safety hazards –
Do not limit families with children to certain
floors of buildings or to certain areas within
housing complexes 
Do’s and Don’ts:
Do not establish rules that target
children 
 
Follow existing health and safety laws
when setting age limits for pool use or
spa equipment
Occupancy
Under some circumstances, a housing
provider’s occupancy policy may have
an unfair and larger negative impact on
families with children and may,
therefore, constitute a violation of the
Fair Housing Act
Occupancy – The Keating Memo
 
Keating Memo discusses reasonable occupancy
policies
Two persons per bedroom, as a general rule,
is reasonable
HOWEVER, reasonableness is not solely
determined by the number of people
permitted in each bedroom
http://www.hud.gov/offices/fheo/library/occupancystds.pdf
The Keating Memo - Continued
Reasonableness of an occupancy policy is
also determined by:
Size of bedrooms and unit
Age of children
Configuration of unit
Other physical limitations of housing
State and local law
Housing for Older Persons Act (HOPA)
The Fair Housing Act prohibits discrimination
in housing based on family status (presence of
children)
There are three exceptions to this rule found in
the Housing for Older Persons Act:
State or Federal housing programs designated
by HUD Secretary to be specifically for the
elderly
http://www.hud.gov/offices/fheo/seniors/index.cfm
HOPA - Continued
62+ Housing
Housing facility or community intended
for and solely occupied by persons 62
years and older
HOPA-Continued
55+ Housing-criteria to qualify:
Housing facility or community where at
least 80% of its occupied units is occupied
by at least one person aged 55 or older
Intent to operate as housing designed for
persons 55 and older
Process to verify age of occupants
Questions
???
 
Advertising
The Fair Housing Act prohibits the making,
printing, and publishing of any notices,
statements or advertisements with respect
to the sale or rental of a dwelling which
indicates any preference, limitation or
discrimination because of a protected class
covered under the Act
Advertising Guidelines
Examples of Permissible phrases
Master bedroom
Desirable Neighborhood
Female roommate wanted
Mother-in-law suite
No smoking
Family room
http://www.hud.gov/offices/fheo/library/part109.pdf
Advertising Guidelines
Examples of Phrases to Avoid
White family home
Adult Community
Roselawn Catholic Home
(without a non-
discrimination statement)
What about “no pets”?
Advertising - Continued
THE KEY:
DESCRIBE THE PROPERTY
NOT THE TENANTS!
Questions
???
 
Who Do I Contact?
Intermountain Fair Housing Council
5460 West Franklin Road, Suite M
Boise, ID 83705
1-208-383-0695 (Phone)
Who Do I Contact?
Idaho Commission on Human Rights
317 West Main Street
Boise, ID 83735-0660
208-334-2873
inquiry@ihrc.idaho.gov
www.humanrights.idaho.gov
Slide Note

The Idaho Human Rights Commission is a State Agency that enforces the laws governing discrimination in “real estate transactions” in Idaho. The federal law is enforced by HUD in Idaho. Title VIII of the Civil Rights Act is generally referred to as the Fair Housing Act, which is a the federal law regarding fair housing. Idaho does not have a direct relationship with HUD but Idaho follows HUD’s regulations in enforcing activities at the state level. There are a few areas that are different between the state and federal laws. Today I will focus on the federal Fair Housing Act.

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Survey conducted to explore educators' beliefs and confidence in teacher evaluation processes in Indiana since 2014, aiming to inform policy and practice. Methodology involved survey questions aligned with the Indiana Teacher Appraisal System of Supports (INTASS) and statistical analyses to determine significant mean changes from 2014 to 2016. Findings indicate positive shifts in beliefs and confidence levels among teachers and principals.

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Presentation Transcript


  1. THE BASICS OF THE FAIR HOUSING ACT Presented by: Sarah Fisher Idaho Human Rights Commission 208-334-2873

  2. Fair Housing Basics 1. What is Fair Housing? 2. What are the Federal protected bases? 3. What is covered? issues?

  3. Fair Housing Basics 4. What makes discrimination illegal? 5. Who must comply?

  4. What is Fair Housing? Fair housing is the right of all people to be free from discrimination in the rental, sale, or financing of housing. Fair Housing means Equal Access

  5. The Federal Fair Housing Act housing on the bases of: Race/Color Sex (Gender) Religion National Origin Disability Familial Status (Presence of children under 18, pregnant female, securing custody, and designee of custodian) Prohibits discrimination in public and private

  6. What issues are covered under the Act? VirtuallyALL housing related transactions are covered, including: Renting or buying Terms or conditions, Rules & policies, contracts Reasonable accommodations Mortgage lending, appraisals, and insurance Advertising

  7. What makes discrimination illegal? Discrimination means being treated differently than others Not all discrimination is illegal Illegal Discrimination = Covered Issue + Covered Basis Refusing to rent (Issue) housing to someone because she is a woman (Basis)

  8. What makes discrimination illegal? Discrimination can mean a failure to reasonably accommodate a person s disability

  9. What makes discrimination illegal? Discrimination can mean a landlord s neutral policy, when put into practice, has a greater negative effect on one group of people of a certain protected class more than another group of people

  10. Illegal Discrimination Can Be Charging a higher rent amount for tenants with children Making a tenant follow stricter rules because he is Russian.

  11. Illegal Discrimination Can Be Charging a pet deposit or a fee for a service animal. Requiring a qualified applicant to meet higher standards because she is African-American

  12. Illegal Discrimination Can Be Evicting a disabled tenant because she requires a reasonable accommodation and needs a ramp for her disability Telling applicants that an available apartment has been rented once it is known they are Muslim

  13. Illegal Discrimination Can Be Retaliating against a tenant who has filed a Fair Housing complaint Failing to take action if a tenant complains that another tenant is harassing them because they are Mexican

  14. Who must comply with the Fair Housing Act? Can include, but is not limited to: Any person and/or entity involved in the rental or sale of a dwelling or the advertisement of a dwelling

  15. Who must comply with the Fair Housing Act? Any person and/or entity involved in the design and construction of new dwellings Any person and/or entity involved in other real estate related transactions such as mortgage lending, property/hazard insurance, zoning, municipal services

  16. This Means Property Owners Property Managers Property Maintenance Staff Real Estate Brokers or Agents Homeowners/Condominium Associations Housing Authority Staff Housing Developers and Contractors Mortgage Lenders and Financial Institutions Advertising Media

  17. Specific Fair Housing Issues Sexual Orientation Family Status Advertising

  18. The Fair Housing Act and Sexual Orientation Sexual Orientation and Gender Identity are not protected classes under the Fair Housing Act. However, a lesbian, gay, bisexual, or transgender person s experience with sexual orientation or gender identity housing discrimination may still be covered by the Fair Housing Act.

  19. How? Under Disability: A gay man is evicted because his landlord believes he will infect other tenants with HIV/AIDS.

  20. How? Under Sex/Gender: A property manager refuses to rent an apartment to a prospective tenant who is transgender.

  21. Familial Status What is familial status? Do s and Don ts Occupancy HOPA

  22. Defining Familial Status The presence of one or more children under the age of 18 in the household Parent, step-parent, adoptive parent, guardian, foster parent or custodian of a minor child Pregnant woman or someone in the process of acquiring legal custody of a child

  23. Dos and Donts: Do not refuse to rent to qualified families with children unless you are a Housing for Older Persons (HOPA) Do not refuse to rent to qualified families with children because of safety hazards Do not limit families with children to certain floors of buildings or to certain areas within housing complexes

  24. Dos and Donts: Do not establish rules that target children Follow existing health and safety laws when setting age limits for pool use or spa equipment

  25. Occupancy Under some circumstances, a housing provider s occupancy policy may have an unfair and larger negative impact on families with children and may, therefore, constitute a violation of the Fair Housing Act

  26. Occupancy The Keating Memo Keating Memo discusses reasonable occupancy policies Two persons per bedroom, as a general rule, is reasonable HOWEVER, reasonableness is not solely determined by the number of people permitted in each bedroom http://www.hud.gov/offices/fheo/library/occupancystds.pdf

  27. The Keating Memo - Continued Reasonableness of an occupancy policy is also determined by: Size of bedrooms and unit Age of children Configuration of unit Other physical limitations of housing State and local law

  28. Housing for Older Persons Act (HOPA) The Fair Housing Act prohibits discrimination in housing based on family status (presence of children) There are three exceptions to this rule found in the Housing for Older Persons Act: State or Federal housing programs designated by HUD Secretary to be specifically for the elderly http://www.hud.gov/offices/fheo/seniors/index.cfm

  29. HOPA - Continued 62+ Housing Housing facility or community intended for and solely occupied by persons 62 years and older

  30. HOPA-Continued 55+ Housing-criteria to qualify: Housing facility or community where at least 80% of its occupied units is occupied by at least one person aged 55 or older Intent to operate as housing designed for persons 55 and older Process to verify age of occupants

  31. Questions ???

  32. Advertising The Fair Housing Act prohibits the making, printing, and publishing of any notices, statements or advertisements with respect to the sale or rental of a dwelling which indicates any preference, limitation or discrimination because of a protected class covered under the Act

  33. Advertising Guidelines Examples of Permissible phrases Master bedroom Desirable Neighborhood Female roommate wanted Mother-in-law suite No smoking Family room http://www.hud.gov/offices/fheo/library/part109.pdf

  34. Advertising Guidelines Examples of Phrases to Avoid White family home Adult Community Roselawn Catholic Home (without a non- discrimination statement) What about no pets ?

  35. Advertising - Continued THE KEY: DESCRIBE THE PROPERTY NOT THE TENANTS!

  36. Questions ???

  37. Who Do I Contact? Intermountain Fair Housing Council 5460 West Franklin Road, Suite M Boise, ID 83705 1-208-383-0695 (Phone)

  38. Who Do I Contact? Idaho Commission on Human Rights 317 West Main Street Boise, ID 83735-0660 208-334-2873 inquiry@ihrc.idaho.gov www.humanrights.idaho.gov

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