April 17, 2024
FOR IMMEDIATE RELEASE Contact: Caroline Peattie, Fair Housing Advocates of Northern California (415) 483-7552, peattie@fairhousingnorcal.org Julia Howard-Gibbon, Supervising Attorney, Fair Housing Advocates of Northern California (415) 483-7516, julia@fairhousingnorcal.org Announcing: Fair Housing Advocates of Northern California Settles Disability Discrimination Complaint San Rafael, CA – Fair Housing Advocates of Northern California (FHANC) settled a disability discrimination complaint against Burbank Housing Development Corporation (BHDC) and Burbank Housing Management Corporation (BHMC), who manage or own dozens of properties in Sonoma County, including Parkwood Apartments in Santa Rosa and Oak Ridge Apartments in Sonoma. The complaint settled for $41,500 and injunctive relief. The settlement can be accessed here. “We are very pleased with the outcome of this settlement and are encouraged with the changes that Burbank is making to the way they conduct business at their properties,” said Julia Howard-Gibbon, the Supervising Attorney who represented FHANC in the complaint. “Burbank manages hundreds of units of housing, so it has an enormous impact on the community where they operate. This settlement and the fair housing training Burbank employees receive is the first step to having a sound understanding of fair housing laws and how to comply with them, and specifically how to process reasonable accommodations for tenants with disabilities so they can have an equal opportunity to use and enjoy their housing. We applaud Burbank’s willingness to work with all parties to comply with fair housing law and employ best practices.” The complaint (which can be accessed here), which FHANC filed in June 2022 with the Department of Fair Housing and Equal Opportunity (FHEO) at the Department of Housing and Urban Development (HUD), alleged that Burbank and other named respondents discriminated against people with disabilities. “For many years, our agency had been receiving calls from tenants who have complained that agents at Burbank properties make it difficult for them to access reasonable accommodations in many ways – including unreasonably delaying responses to their requests, conditioning accommodations only if they agree to unreasonable terms, requesting unnecessary documentation in order to process their requests, and unreasonably or unjustifiably denying their requests,” said Caroline Peattie, FHANC’s Executive Director. “Our staff corroborated these allegations through their own experiences while attempting to assist clients in accessing reasonable accommodations from Burbank and others named in the complaint. In addition, we conducted investigative surveys at some of the named properties and found further evidence of discrimination.” FHANC alleged uncovering evidence of discriminatory policies and/or practices at properties owned and/or managed by Burbank and the other named respondents, including: 1) Policies and practices requiring tenants to use their form when requesting reasonable accommodations (and refusing to process requests if tenants did not use their form); 2) Policies and practices requiring tenants to authorize health care providers to broadly release their medical information in order to have their reasonable accommodation requests processed (and refusing to accept alternative forms of medical verification such as a letter from a doctor); 3) Policies and practices requiring tenants to consider alternative accommodations, even when the tenant establishes that the requested accommodation is necessary to accommodate the tenant’s disability and is not unreasonable; 4) Policies and practices requiring assistance dogs to conform to weight and/or breed restrictions; 5) Policies and practices requiring assistance animals to be on leash in common areas, even when the assistance animal is one that traditionally does not use a leash, such as a cat; 6) Practice of delaying and/or failing to respond to reasonable accommodation requests beyond a reasonable amount of time; and 7) Practice of denying reasonable accommodation requests, even when the disability and disability-related need for the requested accommodation is verified and/or known or obvious. In 2022, after receiving complaints from tenants residing at Burbank properties, FHANC and the Sonoma County Tenants Union (SCTU) conducted in-person surveys of tenants, first at Parkwood Apartments, and then at Crossroads Apartments. Canvassers from the two agencies met with multiple tenants who reported experiencing barriers to accessing reasonable accommodations from Burbank Management. FHANC conducted outreach to educate the community about disability discrimination, including multiple fair housing law workshops for local housing providers, which included fair housing laws related to disability discrimination and specifically reasonable accommodations. In addition to the monetary damages, the settlement agreement included significant injunctive relief. Burbank agreed to consider reasonable accommodation requests made at any time and in any manner, even if made orally or in writing not using their designated form; to only request medical verification if the disability and/or need for the accommodation is not obvious or apparent; to process requests in a timely manner; to acknowledge that any type of animal – and any breed or size – may qualify as an assistance animal even if it has no training; to not charge a deposit or surcharge for assistance animals; to allow each tenant with a disability their own individual animal (and not require them to share an animal); to review and revise their reasonable accommodation and modification policies, letters, and forms, as necessary to comply with fair housing laws (e.g. remove requirements that an animal must be spayed or neutered); revise their denial of reasonable accommodation notices to inform tenants that they have a right to dispute the denial by filing a grievance); to instruct all employees via email that they may not recommend or otherwise suggest that an individual obtain a specific type of assistance animal; and to ensure all employees who interact with applicants or tenants attend fair housing training. “The terms of the settlement are very encouraging,” said Ms. Peattie. “We are looking forward to working with Burbank in the future.” If you feel you may have experienced housing discrimination, contact FHANC’s office to complete an interview. Contact FHANC at fhanc@fairhousingnorcal.org or 415-457-5025 x101 or fill out an online intake at https://www.fairhousingnorcal.org/. Fair Housing Advocates of Northern California (FHANC) is a non-profit organization whose mission is to ensure equal housing opportunity and to educate our communities on the value of diversity in our neighborhoods. FHANC serves several Bay Area counties and provides free counseling, enforcement, mediation, and legal or administrative referrals to persons experiencing housing discrimination. Fair Housing Advocates of Northern California also offers foreclosure prevention counseling, pre-purchase education, seminars to help housing providers fully understand fair housing law, and education programs for tenants and the community at large. Fair Housing Advocates of Northern California is a HUD-Certified Housing Counseling Agency. Please call Fair Housing Advocates of Northern California at (415) 457-5025 or TDD: (800) 735-2922 for more information. Note: This material is based on work supported by the Department of Housing and Urban Development (HUD) under FHIP PEI Grant FPEI190035. Any opinion, findings, and conclusions or recommendations expressed in this material are those of the author(s) and do not necessarily reflect the views of HUD.
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April 4, 2024
FOR IMMEDIATE RELEASE Contact: Caroline Peattie, Executive Director, Fair Housing Advocates of Northern California (415) 483-7552, peattie@fairhousingnorcal.org Julia Howard-Gibbon, Supervising Attorney, Fair Housing Advocates of Northern California (415) 483-7516, julia@fairhousingnorcal.org Announcing: Fair Housing Advocates of Northern California Settles Source of Income Discrimination Complaint San Rafael, CA – In March 2023, Fair Housing Advocates of Northern California (FHANC) filed a discrimination complaint with the California Civil Rights Department (CRD), alleging source of income discrimination against the owner and manager of Novato Park Apartments because of their ban on renting to people with Section 8 housing choice vouchers, which violates’ California’s Fair Employment and Housing Act. One year later, an agreement was reached between the parties settling for $35,000, policy changes, training, and posting vacancies to sites serving people with Section 8 vouchers. In the spring of 2021, FHANC released the results of its testing investigations of Marin, Sonoma, and Solano counties to ascertain the extent to which Black renters with Section 8 vouchers experienced discrimination when applying for rental housing. The publicity included the results of the investigation and sought to educate the community about the California law that went into effect in January 2020 making it illegal to discriminate against renters with housing subsidies. Soon after, in May 2021, the Marin Independent Journal (IJ) published a Letter to the Editor submitted by the manager of Novato Park Apartments, stating that they no longer accepted any tenants with Section 8 vouchers because of a difficulty they had previously had with a Section 8 tenant. FHANC emailed and sent a letter to the manager, explaining the law once again, letting him know that the reason he gave for not renting to Section 8 tenants did not negate the discriminatory effect of their policy. FHANC also submitted a response letter to the Marin IJ that FHANC and the Marin Housing Authority collaborated in writing, explaining source of income discrimination so that the community was made aware that it was illegal to deny renters because of their housing vouchers. “It’s really important that landlords do not make the decision to rent to an entire group of people because they had a couple of bad experiences, particularly if that decision involves a blanket refusal to rent to a group of people protected under fair housing law,” said Caroline Peattie, Executive Director of FHANC. “While you may have a negative experience renting to a Section 8 voucher recipient, renting only to those who don’t have housing vouchers is no insurance against a bad experience. The best way of gauging whether or not someone will be a good tenant is to contact previous landlords, rather than making assumptions about an applicant based solely on unrelated characteristics.” Because voucher holders are usually more likely to be members of other protected classes (e.g.: people of color, women, people with children, and people with disabilities), excluding all voucher holders from rental properties will have a discriminatory effect, even if the reason for the denial is not based on animus toward protected groups. FHANC then conducted several fair housing testing investigations – in September 2021, March 2022, and February 2023, which all confirmed that the apartment complex was still not accepting Section 8 tenants (“We don’t take those, sorry… we’ve had trouble in the past”). “We’re pleased with this settlement,” said Peattie. “We believe strongly in educating the community about both well-established and new fair housing laws – which we did in this case through publicizing the results of our testing investigations, replying directly to the manager’s discriminatory statements in the newspaper, and submitting an editorial letter to educate the community – but sometimes it’s necessary to file enforcement actions to bring attention to fair housing laws and how to comply with them. In this particular case, we were very pleased that the owner took advantage of CRD’s mediation process and was willing to negotiate in good faith for a positive outcome for the community.” In addition to the monetary settlement, the owner and manager agreed to the following:
The full settlement can be reached here. “When we find evidence of discrimination as a result of our fair housing investigations, even when a client has not come forward with a complaint, our agency has legal standing to file a complaint,” said Julia Howard-Gibbon, FHANC’s Supervising Attorney. “This is an opportunity for FHANC to ensure that discriminatory policies are addressed so that future rental applicants won’t be illegally turned away because they have a housing voucher." If you feel you may have experienced housing discrimination, contact FHANC’s office to complete an interview. Contact FHANC at fhanc@fairhousingnorcal.org or 415-457-5025 x101 or fill out an online intake at https://www.fairhousingnorcal.org/. December 18, 2023
FOR IMMEDIATE RELEASE Contact: Caroline Peattie, Fair Housing Advocates of Northern California (415) 483-7552, peattie@fairhousingnorcal.org Announcing: Fair Housing Advocates of Northern California Releases Report of Investigation into Discriminatory Housing Policies Related to National Origin and Familial Status San Rafael, CA – This week Fair Housing Advocates of Northern California (FHANC) released a report of their findings resulting from an investigation of housing discrimination against Latinx parents. The investigation of sixty (60) landlords operating rental properties in Marin, Solano, and Sonoma counties was carried out from January through April 2023, with twenty (20) properties investigated in each county. Trained pairs of testers – one Latinx and one white non-Latinx – posed as potential renters with children and called to inquire about the availability of listed rental properties. FHANC compared the experience of the testers to determine whether disparities existed in the way each tester was treated and whether they were offered or told about different housing opportunities, policies, terms, and/or amenities. Discriminating against households with children or expressing a preference for households without children is considered familial status discrimination, which is prohibited by fair housing laws. Similarly, discrimination against Latinx renters is considered national origin discrimination, which is also prohibited. At over 58% of the properties investigated, FHANC found evidence of familial status discrimination (39%), national origin discrimination (over 30%), or both (15%). Many of the tests revealing discrimination showed that housing providers refused outright to rent to families with children or had policies that disproportionately affected families, such as overly restrictive occupancy rules. Additionally, some housing providers who discouraged the Latinx tester from renting because she had children made no such discouraging comments to the white non-Latinx tester or were willing to make exceptions to occupancy rules for the white tester, revealing evidence of discrimination based on both familial status and national origin. Tests conducted in Marin County revealed the highest incidence of discrimination, with 67% of tests revealing at least some evidence of discrimination. Fifty-three percent of the tests conducted in Marin County revealed evidence of familial status discrimination. While Marin tests revealed the most discrimination overall, tests in Sonoma County revealed the greatest evidence of national origin discrimination. Housing providers in Solano County were the least discriminatory, with 25% of tests revealing evidence of familial status discrimination and 23.5% revealing evidence of national origin discrimination. Tests at 14 large properties comprising 2,646 units – “large” being defined as those with more than 50 units – showed significantly less evidence of discrimination (just over 21%) than the 44 tests conducted at small and medium sized properties (72% and 67%, respectively). The small and medium sized properties comprised 276 units combined. This disparity was most pronounced in tests revealing evidence of familial status discrimination: while 56.7% of tests at small properties and 46.2% of tests at medium sized properties revealed evidence of familial status discrimination, not a single test conducted at a large property revealed evidence of familial status discrimination. “Though federal and state fair housing laws have prohibited housing discrimination on the basis of national origin and familial status for decades, the complaints we receive and results of investigations such as this one show that Latinx families continue to experience discrimination as a barrier to housing choice,” said Caroline Peattie, Executive Director of FHANC. “Discrimination against Latinx renters is compounded when they have children. It’s clear that more enforcement actions are needed, as well as increased education and outreach to property owners and managers, particularly those of smaller properties and in areas where instances of discrimination were the highest. When housing providers are willing to openly state their discriminatory housing policies, even in writing, that suggests the likelihood that at least some are unaware of their legal obligations. This really points to the need for increased education and outreach.” The report makes a number of recommendations, including disseminating the report to officials in the tri-county area as well as the general public, media, and advocacy groups as an important educational tool; monitoring the sites where there was an indication of differential treatment and taking possible enforcement action; training private and public housing providers and working with them to ensure they understand the law; conducting additional audits; and spreading the word to potential targets of discrimination. “It’s really difficult to find any kind of affordable housing in the Bay Area now,” said Peattie. “This report points out how much more difficult it is for single Latinx mothers. We need to redouble our efforts to make sure housing providers not only understand the law but comply with it, and start removing barriers for families with children and particularly Latinx families.” If you feel you may have experienced housing discrimination, contact FHANC’s office to complete an interview. Fill out an online intake at https://www.fairhousingnorcal.org/ or contact FHANC at fhanc@fairhousingnorcal.org or 415-457-5025 x101. __________________________________________________________________________________________ Fair Housing Advocates of Northern California (FHANC) is a non-profit organization whose mission is to ensure equal housing opportunity and to educate our communities on the value of diversity in our neighborhoods. FHANC serves several Bay Area counties and provides free counseling, enforcement, mediation, and legal or administrative referrals to persons experiencing housing discrimination. Fair Housing Advocates of Northern California also offers foreclosure prevention counseling, pre-purchase education, seminars to help housing providers fully understand fair housing law, and education programs for tenants and the community at large. Fair Housing Advocates of Northern California is a HUD-Certified Housing Counseling Agency. Please call Fair Housing Advocates of Northern California at (415) 457-5025 or TDD: (800) 735-2922 for more information. Note: This material is based on work supported by the Department of Housing and Urban Development (HUD) under FHIP PEI Grant FPEI220095. Any opinion, findings, and conclusions or recommendations expressed in this material are those of the author(s) and do not necessarily reflect the views of HUD FOR IMMEDIATE RELEASE
Contact: Caroline Peattie, Fair Housing Advocates of Northern California (415) 483-7552, peattie@fairhousingnorcal.org Fair Housing Advocates of Northern California Announces Collaboration with the City of Richmond and Just Cities, LLC to Work to Analyze Housing Challenges and Recommend Comprehensive Policy Solutions Following a Historic Settlement with Fannie Mae Focused on Rebuilding Communities of Color San Rafael, CA — As of September 18, 2023, Fair Housing Advocates of Northern California (FHANC) has announced a collaboration with Just Cities, LLC, and the City of Richmond. The partnership aims to create a Housing Equity Roadmap for Richmond, funded by a settlement with Fannie Mae (formally known as the Federal National Mortgage Association). The settlement addresses allegations that Fannie Mae unfairly treated foreclosed homes in communities of color. Although the settlement has nationwide implications, the funds received by FHANC will specifically target the City of Richmond. FHANC, through its partner, Just Cities, LLC will develop comprehensive anti-displacement, affordable housing, and healthy housing policies for the City of Richmond. “I am really pleased that we can apply settlement funds toward the revitalization of the City of Richmond,” said Caroline Peattie, Executive Director of Fair Housing Advocates of Northern California. “We are excited that the commitments Fannie Mae made in the settlement allow us to analyze housing challenges and recommend comprehensive policy solutions to the City of Richmond. Though we’ve been working to Affirmatively Further Fair Housing in multiple jurisdictions for many years.” Just Cities had been working to Affirmatively Further Fair Housing too. Staff were consultants to the City of Richmond when the City prepared its most recent Housing Element. Just Cities’ research was included in the Housing Element. The Richmond City Council voted and approved another contract for Just Cities to continue its transformative community planning work in Richmond by developing a Housing Equity Roadmap (HER). The HER will serve as an action plan for the Affirmatively Furthering Fair Housing Meaningful Actions with immediate and long-term housing and anti-displacement policy solutions. "I am really excited to be part of this collaboration where we rely on the local wisdom of community members to combat the local housing crisis. While our collaborative is diverse, we all want to make Richmond a better place to live, while making it easier for Richmond residents to live and thrive," said Mariel Mendoza, Community-Centered Policy and Research Manager of Just Cities. “The foreclosure crisis of the mid-2000s had a significant impact on Richmond,” said Richmond Mayor Eduardo Martinez. “It's fitting that this settlement will funnel investment back into our community, enabling us to put essential housing policies and programs in place. Our aim is to ensure that every resident of Richmond has the opportunity for affordable, secure, and dignified living conditions.” About Fair Housing Advocates of Northern California Fair Housing Advocates of Northern California is a non-profit organization serving several Bay Area counties that provides free counseling, enforcement, mediation, and legal or administrative referrals to persons experiencing housing discrimination. Fair Housing Advocates of Northern California also offers foreclosure prevention counseling, pre-purchase education, seminars to help housing providers fully understand fair housing law, and education programs for tenants and the community at large. Fair Housing Advocates of Northern California is a HUD -Certified Housing Counseling Agency. Please visit www.fairhousingnorcal.org and submit an intake form or call Fair Housing Advocates of Northern California at (415) 457 -5025 or TDD: (800) 735 -2922 for more information. About Just Cities Just Cities LLC advances racial justice in public policy and urban planning through community-centered design and community engagement. Staff organize collaborative initiatives with marginalized residents that are directly impacted by zoning policies, government leaders, and other stakeholders to tackle the racial and social justice issues facing Bay Area and California cities including homelessness, displacement, and re-entry justice. Just Cities staff solve social and economic injustice by addressing the root causes of systemic injustice, designing, and implementing policy change solutions. Their work has led to local, statewide, and national best practice policies, including an anti-displacement safety fund for struggling low-income tenants and homeowners that are at risk for displacement, homeless prevention funds for Alameda County and the City of Richmond, and the Oakland Housing Equity Roadmap, which is a national model for comprehensive anti-displacement, affordable housing, and health housing policies adopted by the City of Oakland. Please visit https://www.justcitiesllc.com/. About the City of Richmond Located in West Contra Costa County along the eastern shore of San Francisco Bay, Richmond was established under its first charter in 1908. The city is home to a diverse population of over 110,000 residents, featuring a mix of ethnic backgrounds that include sizable African American, Hispanic, and Asian communities. The city is easily accessible, with two major highways, an Amtrak/BART station, and a ferry terminal. Over the years, Richmond has been proactive in adopting policies aimed at reducing the displacement of our residents. Richmond voters have approved ballot initiatives such as Measure L and Measure P, which focus on implementing rent control and establishing rent control caps. In an effort to improve quality of life and provide fair outcomes for all Richmond residents regardless of race, the City must hold itself accountable to acknowledge and correct disparities caused by a history of inequitable policy decisions. The goal is to integrate a racial equity lens into all city services to foster a healthy and inclusive community for all. FOR IMMEDIATE RELEASE
Contact: Caroline Peattie, Fair Housing Advocates of Northern California (415)483-7552, peattie@fairhousingnorcal.org Fair Housing Advocates of Northern California settles two housing discrimination cases and offers freetraining for landlords in light of investigation revealing high rates of disability discrimination San Rafael, CA — Fair Housing Advocates of Northern California (FHANC) is offering a free fair housing training for landlords after recently settling two disability discrimination cases and conducting a large scale testing” investigation of 111 properties that revealed significant rates of disability discrimination (55%) among Marin, Sonoma, and Solano County landlords, particularly those operating small rental properties. FHANC is dedicated to ensuring equal housing opportunity. The agency provides education to housing providers through fair housing training as well as courtesy notices when it flags rental listings that include discriminatory language. Of the 62 discriminatory rental listings flagged last year, 29% contained language or policies that discriminated against people with disabilities. Additionally, 79% of the fair housing complaints FHANC received last year were from individuals alleging disability discrimination or seeking assistance with a disability-related housing need. FHANC conducts “testing” investigations to assess the extent of discrimination in a particular area or to investigate specific complaints. Trained testers pose as prospective renters and respond to rental listings in order to determine how applicants with protected characteristics, such as disability, are treated in comparison to those without protected characteristics. FHANC releases the results of these investigations to the public and, in some cases, files complaints or lawsuits against housing providers where evidence of discrimination is uncovered. FHANC recently settled two complaints that it filed with California’s Civil Rights Department (CRD) against landlords for failing to accommodate tenants with disabilities. In both cases FHANC initially reached out to the housing providers after flagging rental listings that stated “no animals.” FHANC provided courtesy notices explaining that landlords have an obligation to provide exceptions to rental policies, or reasonable accommodations, to people with disabilities who need such accommodations and that a policy that excludes all animals is discriminatory if the landlord is unwilling to make exceptions for assistance animals. After FHANC sent these notices, one rental listing remained unchanged while the other was amended to explicitly state that exceptions would not be made for emotional support animals. FHANC subsequently conducted “tests” at both properties, all of which revealed evidence of discrimination. Both housing providers told testers posing as prospective renters with disabilities, that they would not rent to applicants who required emotional support animals. Consequently, FHANC filed complaints with CRD, both of which resulted in settlement agreements in which the housing provider agreed to attend fair housing training at their own expense. One of the settlements required the housing provider to take two years of training, send future rental listings to a local organization that serves people with disabilities, and pay FHANC $2,000 in monetary damages. “Both these complaints were easily avoidable,” said Caroline Peattie, Executive Director of FHANC. “We find that discrimination occurs more often at smaller properties, and both these complaints were at small properties. We conducted an investigation to test for disability discrimination in our service area back in 2021 and one of the most significant findings was the extremely high rate of discrimination uncovered at properties owned by ‘mom and pop’ landlords.” The investigation revealed that properties with 10 or fewer units evidenced discrimination 73% of the time versus the relatively low rate of discrimination at properties with more than 50 units (20%). “This points to a clear need to increased education and outreach to smaller housing providers,” said Peattie, “so they understand their obligation to provide reasonable accommodations under fair housing laws. That’s why we’ll be offering a free fair housing training for housing providers so that smaller landlords will have the opportunity to learn and understand the fair housing laws they must adhere to so they can put sound, legal policies in place.” Registration for the free fair housing law and practice training is open now on FHANC’s website. (Link: https://www.fairhousingnorcal.org/events--workshops) Peattie noted that a systemic investigation conducted earlier this year tested for national origin and familial status; a press release and report of the findings will be released soon. “We noticed the same pattern as our other investigations: tests conducted at small properties (1-4 units) and medium sized properties (5-50 units) showed the most evidence of discrimination – 72% and 67% respectively – while only 21% of tests conducted at large properties showed evidence of discrimination. We encourage housing providers to make sure they understand fair housing law and run a fair, legal business.” About Fair Housing Advocates of Northern California Fair Housing Advocates of Northern California is a non-profit organization serving several Bay Area counties that provides free counseling, enforcement, mediation, and legal or administrative referrals to persons experiencing housing discrimination. Fair Housing Advocates of Northern California also offers foreclosure prevention counseling, pre-purchase education, seminars to help housing providers fully understand fair housing law, and education programs for tenants and the community at large. Fair Housing Advocates of Northern California is a HUD-Certified Housing Counseling Agency. Please visit www.fairhousingnorcal.org and submit an intake form or call Fair Housing Advocates of Northern California at (415) 457-5025 or TDD: (800) 735-2922 for more information. July 12, 2023
FOR IMMEDIATE RELEASE Contact: Caroline Peattie, Fair Housing Advocates of Northern California (415) 483-7552, peattie@fairhousingnorcal.org Fair Housing Advocates of Northern California Expands Fair Housing Services in Solano County Following Historic Settlement with Fannie Mae Focused on Rebuilding Communities of Color San Rafael, CA — As of July 1, 2023, Fair Housing Advocates of Northern California (FHANC) expanded its services in Solano County following a landmark $53 million settlement with Fannie Mae (formally known as the Federal National Mortgage Association) to resolve a case arising from allegations that Fannie Mae treated foreclosed homes in communities of color unfavorably. While the settlement affects multiple communities across the country, the settlement funding FHANC receives will specifically target communities in Solano County. Funding from HUD’s Fair Housing Initiative Program and the cities of Vallejo and Fairfield has allowed the agency to provide fair housing services in those two cities, and a $15,000 grant from the Solano Community Foundation last fall allowed an expansion of service to unincorporated Solano County for a year. Now some of the funds from the Fannie Mae settlement will be used to provide fair housing, foreclosure prevention, and prepurchase services to all areas of the county, including Vacaville, where residents have not previously received fair housing education, counseling, investigation, and representation in the administrative complaint process. “I am really pleased that we can apply settlement funds toward the revitalization of communities in Solano County,” said Caroline Peattie, Executive Director of Fair Housing Advocates of Northern California. “We are excited that the commitments Fannie Mae made in the settlement allow us to expand our services in Solano County. Though we’ve been providing fair housing services to the cities of Fairfield and Vallejo since 2016 through grants from those jurisdictions, we are looking forward to the positive changes these settlement funds can now also effect in Vacaville and other unincorporated areas of Solano County.” In addition to providing fair housing, foreclosure prevention, and pre-purchase services in Solano County through its settlement funds, FHANC is also using funds to partner with the Community Housing and Development Corporation (https://communityhdc.org), providing downpayment assistance to first time homebuyers in the county. About Fair Housing Advocates of Northern California Fair Housing Advocates of Northern California is a non-profit organization serving several Bay Area counties that provides free counseling, enforcement, mediation, and legal or administrative referrals to persons experiencing housing discrimination. Fair Housing Advocates of Northern California also offers foreclosure prevention counseling, pre-purchase education, seminars to help housing providers fully understand fair housing law, and education programs for tenants and the community at large. Fair Housing Advocates of Northern California is a HUD-Certified Housing Counseling Agency. Please visit www.fairhousingnorcal.org and submit an intake form or call Fair Housing Advocates of Northern California at (415) 457-5025 or TDD: (800) 735-2922 for more information. March 6, 2023
FOR IMMEDIATE RELEASE Contact: Caroline Peattie, Executive Director, Fair Housing Advocates of Northern California (415) 483-7552, peattie@fairhousingnorcal.org Julia Howard-Gibbon, Supervising Attorney, Fair Housing Advocates of Northern California (415) 483-483-7516 julia@fairhousingnorcal.org Lawsuit Alleging Race Discrimination in Home Appraisal Process Settled with Appraiser San Rafael, CA –Fair Housing Advocates of Northern California (FHANC), Tenisha Tate-Austin, and Paul Austin announce the settlement of a lawsuit against a licensed real estate appraiser. The plaintiffs filed the fair housing lawsuit in federal district court in December 2021 alleging housing discrimination due to race in the appraisal process, and in October 2022 settled their claims against AMC Links LLC, an appraisal management company. The complaint can be found here. The appraiser denied any and all liability in connection with the claims made in the lawsuit. “This is a landmark case,” said Caroline Peattie, FHANC’s Executive Director. “The Austins’ case was a dramatic example of how an unfairly low appraisal can affect your ability to access a loan with good terms and build generational wealth. Unfortunately, their experience is not unique. Studies show that Black and Latinx applicants are more likely than white applicants to receive an appraisal value lower in both the sales and refinancing process. These studies show that appraisers choose so-called comparable properties (“comps”) of other property sales located substantially closer to the property being appraised if it’s located in a predominantly Black or Latinx census tract than if it’s located in a predominantly white census tract, even if those closer properties are not at all comparable – so appraisers likely still view neighborhoods and relevant comps based on racial demographics, which is part of what what we believe happened in the Austins’ case.” In December 2016, Tenisha Tate-Austin and Paul Austin, a Black couple, purchased a house in Marin City, an unincorporated area in Marin County, California, and moved into their house with their children. (As of July 2019, Black residents accounted for 36% of Marin City’s population, compared to less than 3% of the county as a whole.) The couple made substantial renovations that increased the square footage of the house, upgraded many features, and began renovations on an accessory dwelling unit. They decided to refinance their mortgage in 2020. Home buyers and homeowners are generally required to have an appraisal to obtain a mortgage or refinance a mortgage. The appraiser inspected the Austins’ house and appraised it at $995,000. The Austins believed that their race and the racial demographics of Marin City played a role in the low estimate of value and requested a second appraisal. Three weeks after the first appraisal inspection, a different appraiser valued the home at $1,482,500, nearly half a million dollars higher. Between the two appraisals, the Austins erased any evidence of their racial identities inside their house, removing family photos and African-themed art. Their white friend, who replaced the Austins’ family photos with photos of her own family, was the only person present during the second inspection. The settlement agreement included an undisclosed monetary amount with additional terms, including that the appraiser agrees not to discriminate in the future, will watch the ABC documentary “Our America: Lowballed” (which features the Austins’ story); attend a training session regarding the history of segregation and real estate-related discrimination in Marin County provided by FHANC; and continue to abide by the Bureau of Real Estate Appraisers’ continuing education requirements, including those outlined in California’s AB 948. “We’re glad that we can put this lawsuit behind us,” said Paul Austin. “Having to experience everything that came with receiving the lowballed appraisal was overwhelming. Being able to tell our story and knowing we had legal recourse helped. We want others to know that if you experience discrimination, you can go to your local fair housing agency so they can investigate your case and help you if you want to file a complaint.” “We missed out on a better interest rate because of the unfair appraisal we received,” said Tenisha Tate-Austin. “Having to erase our identity to get a better appraisal was a wrenching experience. We know of other Black families who either couldn’t get a loan because of a discriminatory appraisal and therefore either lost the opportunity to buy or sell a home, or they had to sell their home because they had an unaffordable loan. Neighborhoods of color have been historically undervalued due to deliberate racist housing policies, such as redlining. The ongoing undervaluation of homes in Black neighborhoods perpetuates the wealth gap between Black and white families. We hope by bringing attention to our case and this lawsuit settlement, we can help change the way the appraisal industry operates, and we can start to see a different trend.” The Austins and FHANC were represented by counsel Julia Howard-Gibbon of FHANC and Liza Cristol-Deman of Brancart & Brancart. If you feel you may have been discriminated against in a recent home appraisal, contact FHANC’s office to complete an interview. Contact FHANC at fhanc@fairhousingnorcal.org or 415-457-5025 x101. _____________________________________________________________________________________________________ Fair Housing Advocates of Northern California is a non-profit organization serving several Bay Area counties that provides free counseling, enforcement, intervention, and legal or administrative referrals to persons experiencing housing discrimination. Fair Housing Advocates of Northern California also offers foreclosure prevention counseling, pre-purchase education, seminars to help housing providers fully understand fair housing law, and education programs for tenants and the community at large. Fair Housing Advocates of Northern California is a HUD-Certified Housing Counseling Agency. Please call Fair Housing Advocates of Northern California at (415) 457-5025 or TDD: (800) 735-2922 for more information. Note: This material is based on work supported by the Department of Housing and Urban Development (HUD) under FHIP PEI Grant FPEI190035. Any opinion, findings, and conclusions or recommendations expressed in this material are those of the author(s) and do not necessarily reflect the views of HUD. February 28, 2023
FOR IMMEDIATE RELEASE Contact: Caroline Peattie, Executive Director, Fair Housing Advocates of Northern California peattie@fairhousingnorcal.org, 415.483.7552 Sumeet Bal, Director of Communication, Public Advocates sbal@publicadvocates.org, 917.647.1952 New Civil Rights Bill Helps Strengthen Fair Housing Investigations AB 1086 Provides More Effective Tools to Investigate Housing Discrimination Sacramento, Calif. —Today marks the end of Black History Month, a time for us to reflect on Black leadership, but also to revisit the injustice and struggles of Black people that continue today. If we learn anything from this observance it’s that we have an obligation to change the discriminatory practices and policies that continue to deny and exclude communities based on their race, disability, national origin,, or other identity. Assemblymember Kevin McCarty (D-Sacramento) introduced AB 1086, a fair housing bill to address housing injustice. The proposed bill, sponsored by Fair Housing Advocates of Northern California (FHANC) and Public Advocates, and co-authored by Senator Smallwood-Cuevas (D-Los Angeles), would offer fair housing testers stronger tools—the ability to record conversations—to investigate and expose housing discrimination. “Unlawful housing discrimination continues to be an issue that affects Californians,” said Assemblymember Kevin McCarty. “Where people live impacts every aspect of their lives, from accessibility to decent jobs to high-performing schools and public transportation, residents should be able to buy or rent in the neighborhoods that align best with their lifestyle. AB 1086 would allow fair housing testers to collect evidence of illegal housing discrimination and help prevent this from happening in the future.” Currently it is a crime for a person to intentionally record a conversation with an electronic device without the consent of everyone participating. Without being able to record these interactions, a tester’s written narrative—which may not capture an exact account of what occurred or how the information was conveyed—is used to expose housing discrimination. The proposed bill would provide an exemption just for fair housing testers so that they can collect the most credible and objective information—an exact oral account of the conversation—during investigations with housing providers. “California communities have been plagued by housing discrimination in the rental, sales, appraisal, and lending markets; this bill is a crucial step towards addressing housing discrimination in our state,” said Caroline Peattie, Executive Director of FHANC. “Just as recordings of police violence, such as the killing of George Floyd, have led to greater police accountability, so too would recordings of fair housing tests lead to more persuasive evidence of housing discrimination and more effective enforcement of fair housing laws. When we encounter housing discrimination, we can offer evidence that will be incontrovertible. Most other states allow fair housing testers to record, so if California wants to support true racial justice, we need to support this change.” “This is a civil rights issue,” said Andrés Ramos, Legislative Counsel for Public Advocates. “California is in a housing crisis. Many of our neighbors seeking a home are rejected for no reason other than their race, their disability, or other personal identity when they otherwise meet the relevant application criteria. They deserve to find a home without prejudice and this bill will give fair housing testers the tools needed to effectively uncover and weed out this illegal discrimination. As our housing crisis continues to worsen, it is even more imperative for our state's leaders to advance racial justice by ensuring that every Californian can access a home without fear of discrimination.” ________________________________________________________________________________________________ Fair Housing Advocates of Northern California is a non-profit organization serving several Bay Area counties that provides free counseling, enforcement, intervention, and legal or administrative referrals to persons experiencing housing discrimination. Fair Housing Advocates of Northern California also offers foreclosure prevention counseling, pre-purchase education, seminars to help housing providers fully understand fair housing law, and education programs for tenants and the community at large. Fair Housing Advocates of Northern California is a HUD-Certified Housing Counseling Agency. Please call Fair Housing Advocates of Northern California at (415) 457-5025 or TDD: (800) 735-2922 for more information. Public Advocates Inc. is a nonprofit law firm and advocacy organization that challenges the systemic causes of poverty and racial discrimination by strengthening community voices in public policy and achieving tangible legal victories advancing education, housing, transportation equity, and climate justice. Discrimination Lawsuit Alleging Race Discrimination in Home Appraisal Process Settled with AMC10/13/2022 October 13, 2022
FOR IMMEDIATE RELEASE Contact: Caroline Peattie, Executive Director, Fair Housing Advocates of Northern California (415) 483-7552, peattie@fairhousingnorcal.org Julia Howard-Gibbon, Supervising Attorney, Fair Housing Advocates of Northern California (415) 483-483-7516 julia@fairhousingnorcal.org Discrimination Lawsuit Alleging Race Discrimination in Home Appraisal Process Settled with AMC San Rafael, CA – Yesterday, Fair Housing Advocates of Northern California (FHANC), Tenisha Tate-Austin, and Paul Austin announce that their lawsuit against appraisal management company AMC Links LLC has been resolved to the mutual satisfaction of each, pursuant to a confidential agreement. The plaintiffs filed the fair housing lawsuit in federal district court alleging housing discrimination due to race in the appraisal process in December 2019. AMC Links denied any wrongdoing. “We’re pleased to have reached a settlement with AMC Links,” said Caroline Peattie, Executive Director of FHANC. “The resolution was satisfactory for all parties. The case against the appraiser is ongoing, however.” The other named defendants are Janette Miller, a licensed real estate appraiser; Miller and Perotti Real Estate Appraisals, Inc. The complaint can be found here and the previous press release can be found here. The Austins and FHANC are represented by counsel Julia Howard-Gibbon of FHANC and Liza Cristol-Deman of Brancart & Brancart. If you feel you may have been discriminated against in a recent home appraisal, contact FHANC’s office to complete an interview. Contact FHANC at fhanc@fairhousingnorcal.org or 415-457-5025 x101. _____________________________________________________________________________________ Fair Housing Advocates of Northern California is a non-profit organization serving several Bay Area counties that provides free counseling, enforcement, mediation, and legal or administrative referrals to persons experiencing housing discrimination. Fair Housing Advocates of Northern California also offers foreclosure prevention counseling, pre-purchase education, seminars to help housing providers fully understand fair housing law, and education programs for tenants and the community at large. Fair Housing Advocates of Northern California is a HUD-Certified Housing Counseling Agency. Please call Fair Housing Advocates of Northern California at (415) 457-5025 or TDD: (800) 735-2922 for more information. Note: This material is based on work supported by the Department of Housing and Urban Development (HUD) under FHIP PEI Grant FPEI190035. Any opinion, findings, and conclusions or recommendations expressed in this material are those of the author(s) and do not necessarily reflect the views of HUD. August 26, 2022
FOR IMMEDIATE RELEASE Contact: Caroline Peattie, Fair Housing Advocates of Northern California (415) 483-7552, peattie@fairhousingnorcal.org Announcing: Fair Housing Advocates of Northern California Releases Report of Investigation into Discriminatory Housing Policies Related to Source of Income and Race San Rafael, CA – This month Fair Housing Advocates of Northern California (FHANC) released a report of their investigation into discrimination against prospective Black housing choice voucher holders in Marin, Sonoma, and Solano counties. While discrimination on the basis of a renter’s source of income has been illegal in California for some time, it was not until 2020 that these protections were extended to voucher holders – most commonly people with Section 8 vouchers – who have historically experienced barriers to housing opportunity based on their voucher status as well as membership in other protected classes. The investigation of sixty-nine (69) rental properties in the tri-county area was carried out from December 2021 through April 2022, with 27 properties in Marin County, 22 in Solano County, and 20 in Sonoma County. Trained pairs of testers – one Black, one white – posing as potential renters with housing choice vouchers, called to inquire about whether the property accepted Section 8 vouchers and, if so, whether voucher holders were required to meet a minimum income threshold in order to qualify for the unit. At over 70% of the housing providers FHANC tested, there was evidence of discrimination on the basis of race and/or source of income; with evidence of discrimination at 62% on the basis of source of income, and 42% on the basis of race. Tests conducted in Sonoma County revealed the highest incidence of race discrimination (63%) and source of income discrimination (88%), with 92% revealing at least some evidence of either or both. Housing providers in Solano County evidenced the least discrimination, with 32% of tests revealing evidence of race discrimination and 44% revealing evidence of source of income discrimination. Tests at large properties showed significantly less evidence of source of income discrimination (36%) than tests conducted at small and medium sized properties (both around 68%). Email and phone tests uncovered evidence of source of income discrimination at almost the exact same rate. “The results of our investigation plainly show that despite the recent expansion of California’s fair housing laws protecting source of income, people with housing subsidies still face significant barriers in housing,” said Caroline Peattie, Executive Director of FHANC. “It’s clear that more enforcement actions are needed, as well as increased education and outreach to property owners and managers, particularly those of smaller properties and in areas where instances of discrimination were the highest. The fact that housing providers were willing to openly state their discriminatory voucher policies suggests that at least some may have been unaware of their legal obligations, which really points to the need for increased education and outreach.” The report makes a number of recommendations, including disseminating the report to officials in the tri-county area as well as the general public, media, and advocacy groups as an important educational tool; monitoring the sites where there was an indication of differential treatment and taking possible enforcement action; training private and public housing providers (e.g. public housing authorities) and working with them to ensure they understand the law; conducting additional audits; assessing whether a public housing authority’s payment standards are at appropriate levels and increasing search times for voucher holders given the limited housing options and barriers they face; and spreading the word to potential targets of discrimination. “It’s really difficult to find any kind of affordable housing in the Bay Area now,” said Peattie. “This report points out how much more difficult it is for someone who has a housing voucher to find a place to live – and for a Black renter with a housing voucher, it may feel impossible. We need to redouble our efforts to make sure housing providers not only understand the law but comply with it, and start removing barriers for those with housing subsidies.” If you feel you may have experienced housing discrimination, contact FHANC’s office to complete an interview. Fill out an online intake form at or contact FHANC at fhanc@fairhousingnorcal.org or call 415-457-5025 ext. 101. _____________________________________________________________________________________ Fair Housing Advocates of Northern California is a non-profit organization serving several Bay Area counties that provides free counseling, enforcement, mediation, and legal or administrative referrals to persons experiencing housing discrimination. Fair Housing Advocates of Northern California also offers foreclosure prevention counseling, pre-purchase education, seminars to help housing providers fully understand fair housing law, and education programs for tenants and the community at large. Fair Housing Advocates of Northern California is a HUD-Certified Housing Counseling Agency. Please call Fair Housing Advocates of Northern California at (415) 457-5025 or TDD: (800) 735-2922 for more information. Note: This material is based on work supported by the Department of Housing and Urban Development (HUD) under FHIP PEI Grant FPEI190035. Any opinion, findings, and conclusions or recommendations expressed in this material are those of the author(s) and do not necessarily reflect the views of HUD. |
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