2019 Analysis of Impediments to Fair Housing: Phase 1 Report

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Scenario 9. Susan has a diagnosed mental illness that makes 11 difficult for her to keep her apartment clean and organized. In the past few months, her unit has gotten very dirty and has been overrun with cockroaches. She asks her landlord, Ronald, to hire an exterminator. Ronald says the reason for the cockroach problem is that Susan does not keep her unit clean enough and is therefore in violation of her lease, so he sends her a notice of eviction. Is this a fair housing violation... How frequently do you think this occurs... Don't Know Unlikely Likely Never Rarely Occasionally Regularly 12.9% 54.8% 32.3% 0.0% 30.0% 40.0% 30.0% Correct Answer: No, it is unlikely that this scenario represents discrimination. Legal Explanation: It is illegal to discriminate based on disability, including mental health disability. However, "[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" (42 U.S.C. § 3604(f)(9)) That must be an individual determination. Here, because of the wording "overrun with cockroaches," there may be a "direct threat" to health and safety. Scenario 10: Keola is a director of an emergency shelter for those who are homeless. When people come to the shelter, he asks them if they have any physical disabilities because he wants to screen them to select those who can lift their mattress off the floor for cleaning. Is this a fair housing violation... How frequently do you think this occurs... Don't Know Unlikely Likely Never Rarely Occasionally Regularly 9.7% 25.8% 64.5% 0.0% 37.9% 34.5% 27.6% Correct Answer: Yes, it is likely that this scenario represents illegal discrimination. Legal Explanation: It is illegal to discriminate based on disability for a housing accommodation. A "`housing accommodation' includes any improved or unimproved real property, or part thereof, which is used or occupied, or is intended, arranged, or designed to be used or occupied, as the home or residence of one or more individuals" (H.R.S. § 515-2; see also H.R.S. § 515-3). The shelter would likely be considered a "housing accommodation," although the determination would be fact -specific. Scenario 11: Lori has a service dog that notifies her when she has to take her insulin. The landlord tells Lori that she will be evicted if she keeps the dog because she never disclosed that she had a service animal prior to signing the lease and there are no pets allowed in the apartment complex. Is this a fair housing violation... How frequently do you think this occurs... Don't Know Unlikely Likely Never Rarely Occasionally Regularly 16.1% 22.6% 6L3% 0.0% 17.2% 48.3% 34.5% 19