2019 Analysis of Impediments to Fair Housing: Phase 1 Report

Home

addiction to a controlled substance or alcohol or drug abuse that threatens the property or safety of others" (H.R.S. § 515-2; see also 42 U.S.C. § 3602(h)). Here, the maintenance would be a service in connection with the real estate transaction. There is no indication of a safety issue or "direct threat" here (See 42 USC § 3604(f)(9)). Scenario 7. Lilly is a property manager for housing subsidized through the federal low-income housing tax credit (LIHTC). She refuses the reasonable accommodation to build a wheelchair ramp to the first floor rental apartment of a tenant with a disability. Lilly was told by her other tenants that they would not like how it looks. Is this a fair housing violation... How frequently do you think this occurs... Don't Know Unlikely Likely Never Rarely Occasionally Regularly 12.9% 6.5% 80.6% 0.0% 36.7% 46.7% 16.7% Correct Answer: Yes, it is likely that this scenario represents illegal discrimination. Legal Explanation: It is discrimination "To refuse to permit, at the expense of a person with a disability, reasonable modifications to existing premises occupied or to be occupied by the person if modifications may be necessary to afford the person full enjoyment of the premises; provided that a real estate broker or salesperson, where it is reasonable to do so, may condition permission for a modification on the person agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted." (H.R.S. § 515- 3(8)). Scenario 8. Lisa is a landlord of an apartment building. She refuses to renew Bob's lease because other tenants have complained that Bob seems to have a mental illness and damaged some chairs by the pool. Is this a fair housing violation... How frequently do you think this occurs... Don't Know Unlikely Likely Never Rarely Occasionally Regularly 32.3% 35.5% 32.3% 0.0% 26.7% 53.3% 20.0% Correct Answer: Yes, it is likely that this scenario represents illegal discrimination. Legal Explanation: It is illegal to discriminate based on disability, including mental health disability (H.R.S. § 515-3; see also 42 U.S.C. § 3604(0(1)). Although, "[n]nothing in this subsection requires that a dwelling be made available to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others," that must be an individual determination not based on stereotypes (42 U.S.C. § 3604(0(9)). There is no information here to show that there is such an issue here, other than neighbors blaming Bob for the damage to some chairs by the pool. 18