2019 Analysis of Impediments to Fair Housing: Phase 1 Report

Home

Is this a fair housing violation... How frequently do you think this occurs... Don't Know Unlikely Likely 30.0% 46.7% 23.3% Never Rarely Occasionally Regularly 0.0% 10.7% 57.1% 32.1% Correct Answer: No, it is unlikely that this scenario represents discrimination. Legal Explanation: A live-in aide is considered an appropriate accommodation, which is legally required. "Live-in aide means a person who resides with one or more elderly persons, or near - elderly persons, or persons with disabilities, and who: (1) Is determined to be essential to the care and well-being of the persons; (2) Is not obligated for the support of the persons; and (3) Would not be living in the unit except to provide the necessary supportive services" (24 C.F.R. § 5.403). The live-in aide requirement does not include the daughter's husband and two young children. Because of that, there is no violation for the eviction notice. However, it would be more likely to be discrimination if the landlord were evicting a single live-in aide. Scenario 14. Christina is transgender (male to female), wearing a dress, and selects 'female" on the application form for a rental apartment. The property manager asks to see a photo identification, which is his standard practice. Christina's driver's license still lists her as a "male" (her sex at birth) named Christopher (her birth name). Because the property manager cannot verify the applicant's identity, he refuses to accept the application. Is this a fair housing violation... How frequently do you think this occurs... Don't Know Unlikely Likely Never Rarely Occasionally 13.3% 36.7% 50.0% 3.6% 17.9% 53.6% Correct Answer: Yes, it is likely that this scenario represents illegal discrimination. Regularly 25.0% Legal Explanation: "It is a discriminatory practice for an owner or any other person engaging in a real estate transaction, or for a real estate broker or salesperson, because of race, sex, including gender identity or expression, sexual orientation, color, religion, marital status, familial status, ancestry, disability, age, or human immunodeficiency virus infection: (1) To refuse to engage in a real estate transaction with a person" (H.R.S. § 515-3). Hawaii has explicitly defined sex to include "gender identity or expression" so transgender individuals are a protected class. If Christina presents the ID as her own identification and requests to be recognized as "female" and "Christina" rather than "male" and "Christopher," that would not be an allowable basis for rejection of the application. If the property manager is unable to verify the identity because he suspects that the "Christopher" ID is a fake ID and not Christina's real ID, then that would be different. Based on the wording of this questions, however, that does not seem to be the case. Scenario 15: James is a realtor with a client looking to purchase a 3 -bedroom 2 -bath single family home. Because the family is White/Caucasian, James chooses to only show them homes in neighborhoods where he believes they will be safer and more accepted. He avoids showing them homes in neighborhoods where he believes "haoles" will not be welcomed. 21