2019 Analysis of Impediments to Fair Housing: Phase 1 Report

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Scenario 1: Kevin is the landlord of a kupuna apartment complex for elderly tenants. He avoids selecting applicants who have young children because he wants 11 to remain a quiet place. Is this a fair housing violation... How frequently do you think this occurs... Don't Know Unlikely Likely Never Rarely Occasionally Regularly 9.7% 4L9% 48.4% 0.0% 16.7% 53.3% 30.0% Correct Answer: No, it is unlikely that this scenario represents discrimination. Legal Explanation: Normally, familial status is an illegal basis of discrimination. However, here, Kevin is the landlord of an "apartment complex for elderly tenants." The provisions against familial status discrimination do not "apply with respect to housing for older persons." Under the law, however, these provisions related to housing for older tenants apply only apartment complexes adhering to the specific definitions indicated here: they would need to be "(A) provided under any State or Federal program that the Secretary [HUD] determines is specifically designed and operated to assist elderly persons (as defined in the State or Federal program); or (B) intended for, and solely occupied by, persons 62 years of age or older; or (C) intended and operated for occupancy by persons 55 years of age or older, and— (i) at least 80 percent of the occupied units are occupied by at least one person who is 55 years of age or older; (ii) the housing facility or community publishes and adheres to policies and procedures that demonstrate the intent required under this subparagraph; and (iii) the housing facility or community complies with rules issued by the Secretary for verification of occupancy, which shall— (I) provide for verification by reliable surveys and affidavits; and (II) include examples of the types of policies and procedures relevant to a determination of compliance with the requirement of clause (ii). Such surveys and affidavits shall be admissible in administrative and judicial proceedings for the purposes of such verification." (42 U.S.C. § 3607) Scenario 2. When Rumika, an employee at a housing agency, receives a phone message from a local 808 area code that asks about Section 8 (or Housing Choice) vouchers, she calls them back first. Rumika has seen data that shows that many vouchers in her program are assigned to people not from Hawai '1. Her county demographics do not reflect that large of a percentage, so Rumika feels itis her duty to try to make sure that the public housing goes to those that reflect the demographics from the local community in Hawai '1. Is this a fair housing violation... How frequently do you think this occurs... Don't Know Unlikely Likely Never Rarely Occasionally Regularly 25.8% 32.3% 4L9% 0.0% 27.6% 34.5% 37.9% Correct Answer: No, it is unlikely that this scenario represents discrimination. Legal Explanation: State residency or state origin are not protected classes according to fair housing law (H.R.S. § 515-3). However, there are complicated developments in the law regarding this issue. Additionally, agencies should make sure other constitutional protections are not 15