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December 2, 2021
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 Discrimination Lawsuits Filed Alleging Race Discrimination in Home Appraisal Process San Rafael, CA – Today, Fair Housing Advocates of Northern California (FHANC), Tenisha Tate-Austin, and Paul Austin announce the filing of a fair housing lawsuit in federal district court alleging housing discrimination due to race in the appraisal process. The named defendants are Janette Miller, a licensed real estate appraiser; Miller and Perotti Real Estate Appraisals, Inc.; and AMC Links LLC, an appraisal management company. The complaint can be found here. In December 2016, Tenisha Tate-Austin and Paul Austin, a Black couple, purchased a house in Marin County, California and moved into their house with their children. After spending thousands of dollars on renovations that increased the square footage of the house and upgraded many features, and beginning renovations on an accessory dwelling unit, they decided to refinance their mortgage in 2020. Janette Miller was hired through AMC Links LLC to inspect the Austins’ house and prepare an appraisal report. She appraised the Austins’ house at $995,000. Suspecting that their race and the racial demographics of the unincorporated area known as Marin City – where their house is located – played a role in the appraiser’s surprisingly low estimate of value, the Austins had a second appraisal completed three weeks after the first appraisal inspection by a different appraiser. In this appraisal, 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. That appraisal came back with a value of $1,482,500, nearly half a million dollars higher than Ms. Miller’s estimate. “We believe that Ms. Miller valued our house at a lower rate because of our race and because of the current and historical racial demographics of where our house is located,” said Paul Austin. “The sales comps that the appraiser chose to use were unsuitable and were guaranteed to lower the value of our house.” “Unfortunately, the Austins are not alone in their experience,” said Caroline Peattie, Executive Director of FHANC. “Discrimination in the appraisal process is something we’ve been seeing more frequently, probably because there has been more attention paid to this issue, and more homeowners of color are coming forward when they receive an unfair appraisal, particularly when it results in their loan being denied. There are studies that show that Black and Latinx applicants are more likely than white applicants to receive an appraisal value lower than the contract price of a home. These studies show that appraisers choose comparisons (comps) of other property sales located substantially closer to the property being appraised if it’s located in a Black or Latinx census tract than if it’s located in a white census tract – so we know that appraisers still view neighborhoods, and relevant comps, based on racial demographics. We believe that this is exactly what happened with the Austins’ appraisal.” The complaint maintains that using comparisons of other property sales located exclusively or primarily in Marin City results in a skewed and race-based valuation of the property, because selecting comps from areas that have been historically devalued by discrimination perpetuates and exacerbates the undervaluation of Black-owned homes in Black neighborhoods. In order to reach an unbiased estimate of value, the complaint asserts, it is necessary to look outside of Marin City, particularly because Marin City has a very small number of property sales every year – most of which were not comparable to the Austins’ house. In addition, the complaint asserts that it was improper and discriminatory for Miller to decrease her estimated value of the Austins’ house based solely on its location in Marin City. Additionally, Ms. Miller’s market analysis of Marin City speaks only to market trends before the 2007 recession and ends at 2008, with no analysis of recent trends. Her appraisal notes that “during 2008… many communities in the Bay Area began to feel the effects of tightening credit and deteriorating economic conditions.” However, she uses a different period of time for her market analysis of Sausalito, noting increasing home values in the city since 2014. She writes, “values [in the City of Sausalito] have increased since 2014 with a recent stabilization of values as evidenced by MLS year-end data for all residential properties sold.” These outdated analyses of market trends resulted in, or improperly justified, a lower estimated value for the Austin’s house than was warranted. Ms. Miller’s analysis relies heavily on Marin City comps – three of the five were from Marin City – even though one was a bank-owned property sold in foreclosure two years before and another was an attached dwelling that was contained within a planned unit development. In contrast, eight properties were chosen as comps for the second appraisal three weeks later, of which only two were located in Marin City, while the other six were located in the City of Sausalito, which shares a school district with Marin City. The complaint maintains that Ms. Miller’s choices of comps indicate racial bias and point to a deeper and more systemic issue in the appraisal process – the practice of considering demographic characteristics of a neighborhood rather than relying only on physical home and neighborhood characteristics other than race. This disproportionately and negatively affects Black people, the complaint asserts, because neighborhoods of color have been historically undervalued due to deliberate racist housing policies, such as redlining. Marin City is an unincorporated community located in Marin County, situated between the cities of Sausalito to the south and Mill Valley to the north. Properties located in Marin City have a Sausalito mailing address. According to the U.S. Census, as of July 2019, Marin County’s population was 85.3% white, 2.8% Black, 6.6% Asian, and 16.3% Latino. The County’s Black residents are overwhelmingly concentrated in two census tracts, one of which is in Marin City, and Black residents still accounted for approximately 35.95% of Marin City’s population as of 2019, while the City of Sausalito is 92.2% white, and Blacks comprise only 0.9% of Sausalito’s population. Workforce housing was built in Marin City during World War II to house workers who came to the area from around the country to work in the shipyards as part of the war effort. Though the housing was integrated, after the war, many white residents moved away. Black families were blocked from doing so because of discriminatory practices such as redlining and restrictive covenants. “Home buyers generally cannot obtain a mortgage, and homeowners cannot refinance a mortgage, without getting an appraisal,” said Caroline Peattie. “Yet neighborhoods of color have been historically undervalued due to deliberate racist housing policies, such as redlining. This ongoing undervaluation of homes in Black neighborhoods is, in effect, present-day redlining, and continues to widen the wealth gap between Black and white families.” The Austins succeeded in getting a loan based on the second appraisal in March 2020, but the damage was done – they were not able to refinance on the favorable terms that had been available a month earlier. “We missed out on a better interest rate because of the unfair appraisal we received. And to prove that our civil rights had been violated, we had to erase who we were, by having our white friend pose as the homeowner and hiding the things in our home that represent who we are.” said Tenisha Tate-Austin. “Even worse, these discriminatory practices have the effect of lowering property values in Marin City which harms us and harms our community.” “I really hope that this lawsuit makes appraisers and lenders start to look more carefully at their practices and policies,” said Paul Austin. “And I really want people to know that there are organizations that can help support them if they have a discrimination complaint. We feel that litigating this case is not only important for us but for our community as well.” 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.
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October 27, 2021
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 Negotiates Settlement of Disability Discrimination Complaint on Behalf of Client San Rafael, CA – On October 4, 2021, a settlement agreement was executed in a disability discrimination complaint brought by Lucia Gillis, who was represented by Fair Housing Advocates of Northern California (FHANC), against the Suisun City Housing Authority. The complaint, filed in April 2021 with the Department of Fair Employment and Housing (DFEH) and mediated through DFEH’s Dispute Resolution Division, alleged that the respondents discriminated against Ms. Gillis’ minor and disabled son in violation of federal, state, and local fair housing laws. Ms. Gillis is a single mother of two minor sons. One of her children lives with intellectual and mental health disabilities and requires a full-time caregiver to manage symptoms. Her family had previously been granted a voucher that accommodated her family’s needs. The discriminatory conduct occurred when her family moved to the City of Suisun, where the Suisun City Housing Authority (the Housing Authority) refused to issue a new voucher that would accommodate Ms. Gillis’ disabled son or his live-in attendant. The complaint alleged that the Housing Authority discriminated against Ms. Gillis’ disabled son, by interfering with his fair housing rights and for failing to accommodate his disability. The Housing Authority stated that existing policies prevented Ms. Gillis’ family from receiving the accommodation, despite her having provided medical documentation of their disability-related housing needs. Mediations resulted in a settlement agreement in which the Housing Authority paid Ms. Gillis $75,000. Additionally, the Housing Authority will modify policies and practices to come into compliance with the FairHousing Act, including:
The agreement was unanimously approved by the Suisun City Council on September 21, 2021. “It was extremely unfortunate that Ms. Gillis lost her voucher because the Suisun Housing Authority did not grant her reasonable accommodation request,” said Caroline Peattie, Executive Director of FHANC. “Nevertheless, we are encouraged by the settlement and the willingness of the Suisun City Council to enter into a settlement agreement to do right by Ms. Gillis. We think the fair housing training that staff will undergo will help the housing authority better understand their obligation when a person with a disability requests a reasonable accommodation.” Ms. Gillis was represented by FHANC Staff Attorney Ursula Lindsey. “I was upset after experiencing discrimination," said Ms. Gillis. "When the Housing Authority ignored my family's accommodation requests, I was afraid we would be homeless. I turned to prayer, which gave me strength. FHANC helped me fight for my rights. I'm so thankful that Ursula Lindsey was there to advise me and advocate for our family.” If you feel you may have been discriminated against, 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 (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. July 21, 2021
RE: Report on Fair Housing Investigation Uncovers National Origin and Source ofIncome Discrimination5/28/2021 April 26, 2021
FOR IMMEDIATE RELEASE Contacts: Caroline Peattie / peattie@fairhousingnorcal.org RE: Report on Fair Housing Investigation Uncovers National Origin and Source of Income Discrimination As Fair Housing Month draws to a close, and Fair Housing Advocates of Northern California (FHANC) gears up for its annual Fair Housing Conference on Thursday, April 29 (“Riding the Wave of Change: Advancing Fair Housing and Equity in a New Era,”), it is releasing its report of an investigation conducted in 2020, “National Origin and Source of Income Discrimination in Rental Housing in Marin, Sonoma, and Solano Counties.” The investigation was conducted after California SB329 – amending the Fair Employment and Housing Act to expand the definition of source of income to include federal, state, and local public assistance and housing subsidies – went into effect on January 1, 2020. The investigation followed a prior audit in 2018-2019 that assessed the extent to which Housing Choice Voucher holders experienced race discrimination, and was conducted prior to the state law going into effect. The investigation revealed a high level of discrimination, where 67% of tests showed at least some level of discrimination based on race and/or source of income. “Given how much race and source of income discrimination we found with our earlier investigation, we wanted to see the extent to which Latinx Housing Choice Voucher holders experience discrimination or differential treatment in the initial stages of their home seeking process, based on their voucher status or their national origin,” said Caroline Peattie, Executive Director of FHANC. “We know from our clients that many landlords turn away voucher holders, but we wanted to see to what extent this occurred, and whether it was a pretext for discouraging Latinx renters.” FHANC conducted 139 individual investigations, 48 in Marin County, 46 in Solano County, and 45 in Sonoma County. The investigation revealed housing providers discriminated on the basis of national origin and/or source of income in approximately seventy-nine percent (79%) of the time. Of the tests revealing discrimination, 55% were based on source of income, 13% were based on both source of income and national origin, and 11% were based on national origin. Examples of the types of discrimination that investigators encountered included outright refusal to rent to voucher holders; discriminatory policies (like minimum income requirement) that effectively prohibit voucher holders from renting at the property; and/or inferior terms/conditions and general treatment to Latinx voucher holders as compared to white (non- Latinx) voucher holders. “What is particularly problematic about this result is the high rate of discrimination against voucher holders that occurred even after the passage of SB329,” said Peattie. “And though our investigation in Marin County revealed the lowest levels of discrimination at 71% in the tricounty area, that’s still extremely high, particularly considering that local source of income protections had been in place since 2016 in the County and 2018 in various cities and towns. The investigation shows that it’s still very difficult for someone with a housing subsidy to find a place to live, and it becomes that much harder for a voucher holder who is Latinx.” As a result of follow-up investigation and after receiving a complaint from a client who had been effectively denied from renting because she had a housing voucher, FHANC recently filed a lawsuit against a management company and the owners of two buildings in Sonoma County for having a minimum income policy that – while neutral on its face as applied to voucher holders – has the effect of denying them the ability to rent at the property, despite management’s assurances that they accept vouchers. “It’s not enough just to pass legislation,” said Peattie. “That’s the first, most important step. But our results point to the need for further education, as well as follow-up investigation and enforcement activity to ensure that landlords understand the laws and are held accountable when they deliberately violate them. To that end we’ve sent flyers with information about the law to properties where we found discrimination. And we’re undertaking further investigations to retest some of the properties. But we need to go further with legislation, too.” Only twelve states and the District of Columbia outlaw discrimination on the basis of source of income. The Biden administration, in a swift reversal from the previous administration, signaled fair housing and racial equity as priorities in its first week. This month, President Biden pledged to restore two Obama-era fair housing rules that had been scrapped under the Trump administration. One, the Affirmatively Furthering Fair Housing (AFFH) rule, requires local governments receiving federal housing dollars to review their policies and actively work toward reversing segregation. “Protections against source of income discrimination are crucial in order to affirmatively furthering fair housing, because it helps stem the tide of displacement and gentrification,” Peattie continued. “We undertook this investigation and the previous one to uncover the extent to which people with housing subsidies, particularly people of color with housing subsidies, experienced barriers to housing choice. We now have a sense of just how great those impediments are, despite local and state protections. This shows how important it is for the federal government to make source of income discrimination illegal across the country, so that the Department of Housing and Urban Development’s Office of Fair Housing and Equal Opportunity can put its full strength toward enforcing the law, furthering housing opportunities for people of color, families with children, people with disabilities, and others. It would be a fitting tribute to Walter Mondale, who passed away earlier this month, and who co-authored the Fair Housing Act of 1968 with Senator Ed Brooke.” ------------------------------------------------------------------------------------------------------------------- Note: This material is based on work supported by the Department of Housing and Urban Development (HUD) under FHIP EOI Grant FEOI20012. 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. Founded as a non-profit in 1986, Fair Housing Advocates of Northern California (FHANC) serves several Bay Area counties, providing fair housing counseling, investigation, intervention, and legal referrals to persons experiencing housing discrimination. FHANC conducts outreach activities and offers programs that educate the community about fair housing and the value of diversity, conducts trainings for housing providers, and offers pre-purchase and foreclosure prevention counseling and education. FHANC is a HUD-Certified Housing Counseling Agency. Please contact FHANC at (415) 457-5025 or TDD: (800) 735-2922 for more information or visit www.fairhousingnorcal.org. Se habla español. April 18, 2021
FOR IMMEDIATE RELEASE Contacts: Caroline Peattie / peattie@fairhousingnorcal.org Adriana Ames / adriana@fairhousingnorcal.org RE: Upcoming Virtual Fair Housing Conference 2021 In celebration of April as Fair Housing Month and the anniversary of the passage of the Fair Housing Act, Fair Housing Advocates of Northern California is pleased to present the upcoming virtual conference, “Riding the Wave of Change: Advancing Fair Housing and Equity in a New Era,” to be held on Thursday, April 29, 2021. The conference will feature the following speakers: • George Lipsitz, Research Professor Emeritus of Black Studies and Sociology, University of California, Santa Barbara • Gustavo Velasquez, Director, California Department of Housing and Community Development • Tyrone Buckley, Assistant Deputy Director of Fair Housing, California Department of Housing and Community Development • Caroline Peattie, Executive Director, Fair Housing Advocates of Northern California • Julian Glover, Race, Culture, and Social Justice Reporter, ABC7 KGO-TV Bay Area • Cashauna Hill, Executive Director, Louisiana Fair Housing Action Center • Moderator: William R. Tisdale, President and Chief Executive Officer, Metropolitan Milwaukee Fair Housing Council The presenters will explore the question of how to advance fair housing and racial equity in a new era – specifically, how we can best promote affirmative policies, given a new administration that has stated in its first week that racial equity and fair housing are central priorities. The event will bring together community members, non-profits, advocates, real estate professionals, and municipal leaders and staff to address pressing fair housing issues affecting communities in the Bay Area and strategies to re-energize fair housing initiatives. General admission is $20, with scholarships available upon request. Visit FHANC’s conference page for more information, including presenter’s bios, or to register for the event: http://www.fairhousingnorcal.org/fairhousingconference2021.html For more information, to request a scholarship, or for any special needs, please contact Adriana Ames, Education Director, at adriana@fairhousingnorcal.org. The conference is presented by Fair Housing Advocates of Northern California and sponsored by: Mechanics Bank, Luther Burbank Savings and Loan, Marin Community Foundation, Marin Association of Realtors, Marin Sanitary Services, First Federal Savings and Loan, United Educators for Housing and Literacy, Westamerica Bank, City of Fairfield, Marin Interfaith Council, and Mr. and Mrs. Curtis Perrott ---------------------------------------------------------------------------------------------------------------------------------- Note: This material is based on work supported by the Department of Housing and Urban Development (HUD) under FHIP EOI Grant FEOI1900399. 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. Founded as a non-profit in 1986, Fair Housing Advocates of Northern California (FHANC) serves several Bay Area counties, providing fair housing counseling, investigation, intervention, and legal referrals to persons experiencing housing discrimination. FHANC conducts outreach activities and offers programs that educate the community about fair housing and the value of diversity, conducts trainings for housing providers, and offers pre-purchase and foreclosure prevention counseling and education. FHANC is a HUD-Certified Housing Counseling Agency. Please contact FHANC at (415) 457-5025 or TDD: (800 )735-2922 for more information, or visit www.fairhousingnorcal.org. Se habla español. Wheelchair accessible. February 4, 2021
FOR IMMEDIATE RELEASE Contact: Caroline Peattie, Fair Housing Advocates of Northern California (415) 483-7552, peattie@fairhousingnorcal.org On his first day in office, President Biden signed an Executive Order on Advancing Racial Equity and Support for Underserved Communities Through the Federal Government. Six days later he addressed fair housing in his memorandum on Redressing Our Nation’s and the Federal Government’s History of Discriminatory Housing Practices and Policies, making a powerful statement that fair housing and racial equity are central priorities under his administration. This Executive Action clearly acknowledges that “… Federal, State, and local governments systematically implemented racially discriminatory housing policies that contributed to segregated neighborhoods and inhibited equal opportunity and the chance to build wealth” for BIPOC (Black, Indigenous, and People of Color), and that those legacies of residential segregation and discrimination remain in existence today – from gaps in homeownership and wealth to environmental inequalities made worse by climate change. The memo outlines multiple ways in which the federal government’s discriminatory policies affected opportunities for safe and affordable housing, jobs, transportation, particularly for Black people. It also addresses the history of the federal government’s disinvestment in communities of color, despite the passage of the Fair Housing Act in 1968. The Executive Order also clearly outlines the return to a strong policy requiring the government and recipients of federal funding to affirmatively further fair housing, requiring actions that go beyond a commitment not to discriminate, but to address historical patterns of segregation and “promote diverse and inclusive communities” by removing barriers to housing opportunities and “and to secure equal access to housing opportunity for all.” The Executive Order directs HUD to examine the harmful effects of two rules disseminated under Trump’s administration, both of which eviscerated previous Obama-era rules related to disparate impact and affirmatively furthering fair housing. President Biden has clearly indicated that he will fully implement the Fair Housing Act, primarily through restoring the two rules that offered clear guidance on how to apply the Act. “Never before has an incoming president made fair housing and racial equity such central priorities in his first days in office,” said Caroline Peattie, Executive Director of Fair Housing Advocates of Northern California. “Fair housing groups and other civil rights advocates are encouraged by the President’s understanding and acknowledgment that HUD must address racially discriminatory federal housing policies leading to the wealth inequalities we see today, and that they must work with us to remove structural barriers to housing equity. After four long years of struggle against the erosion of civil rights, I, like many of my colleagues, am re-energized by the policies of an administration that will work in tandem with us to implement shared fair housing goals, so everyone in our communities has access to safe, affordable housing and its associated benefits – jobs, transportation, education, and other related opportunities. It is a new and exciting era.” January 26, 2021
FOR IMMEDIATE RELEASE Contact: Caroline Peattie, Fair Housing Advocates of Northern California (415) 483-7552, peattie@fairhousingnorcal.org Fair Housing Advocates of Northern California and Client File Discrimination Complaint Against Landlord San Rafael, CA – For more than 20 years, it has been illegal for most California landlords to use a minimum income standard in assessing eligibility for a rental applicant that is not based on the portion of the rent to be paid by the tenant, if the tenant has a government subsidy. In January 2020, the California Fair Employment and Housing Act was amended to make it illegal to discriminate against or exclude tenants and applicants because they have housing choice vouchers, or Section 8. Despite these laws, some landlords continue to exclude Section 8 voucher holders, either by rejecting them for tenancy altogether, or using a minimum income requirement that is impossible for a voucher holder to meet. Late yesterday, Fair Housing Advocates of Northern California (FHANC) and one of its clients, Ronda Brooks, filed a lawsuit in Sonoma County Superior Court alleging that AMFP Creekview LLC, Tilden-Lamplighter LLC, and FPI Management, Inc. have excluded voucher holders by using an illegal minimum income standard in at least two of their Sonoma County properties. This minimum income requirement has the effect of excluding tenants who have vouchers. AMFP IV Creekview LLC is a Delaware company that holds title to the Lenox Apartments located in Rohnert Park, California; Tilden-Lamplighter LLC is a California company that holds title to the Parc Station apartment complex located in Santa Rosa, California. FPI Management, Inc. is a California corporation that manages both the Lenox Apartments and the Parc Station Apartments as well as rental properties in 18 states, including 654 rental properties in California. In April 2020, FHANC sent informational brochures explaining the new changes to the law to 50 housing providers and property managers in the region, including FPI Management, Inc. The informational brochure explained that rejecting rental applicants because they hold a government voucher constitutes unlawful discrimination based on source of income. The brochure also reiterated that existing law, which has been in effect since 2000, provides that a landlord who uses a minimum income threshold for a voucher holder must calculate that threshold based on the amount of rent that will be paid by the tenant, rather than the entire rent amount. Ms. Ronda Brooks is a recipient of a housing choice voucher, which is federally-funded rental assistance – through the Sonoma County Housing Authority. In June of 2020, Ms. Brooks found a listing for the Lenox Apartments on the website Zillow.com and thought that it might be a good fit for her needs. She drove by the apartments, liked what she saw, and called to inquire about a unit. When Ms. Brooks talked with the agent, she asked if they accepted housing choice vouchers. The agent at Lenox told Ms. Brooks that they accepted vouchers, but that Ms. Brooks would need to have an income of at least $5,000 per month, or roughly 2.5 times the rent. Ms. Brooks explained that if she had income in that amount, then she would not have qualified for a Housing Choice Voucher in the first place. The employee responded that the $5,000 minimum income requirement was the Lenox Apartments’ policy. Based on Ms. Brooks’ allegation, FHANC conducted an investigation in September 2020, replicating the experience of Ms. Brooks. A FHANC employee contacted the Lenox Apartments and an agent for the building told him that they accept Section 8, but only if the applicant has an income of at least 2.5 times the rent, and that this income requirement would still apply, even with the voucher. In December 2020, an employee of the Sonoma County Housing Authority contacted FHANC and reported that multiple voucher holders were rejected for tenancy by FPI Management, Inc. at the Parc Station Apartments because they did not meet the building’s minimum monthly income requirement of 2.5 times the monthly rent, regardless of the amount of rent the tenant would be responsible for paying using their voucher. In January 2021, a FHANC employee called the Parc Station Apartments, and the agent confirmed that they accept vouchers but still require that all applicants make a minimum of 2.5 times the monthly rent to qualify. “Discriminating against people who have housing choice vouchers is illegal, pure and simple,” said Caroline Peattie, Executive Director of FHANC. “The law requiring that a landlord must base income requirements for a voucher holders on their portion of the rent has been in effect for 20 years. A huge management company like FPI should not have policies in place that fail to comply with existing fair housing laws, and they should ensure all their agents are properly trained on those laws. We even sent them information about this specific law, and yet FPI still has discriminatory policies in place. As a result, we’ve had to redouble our efforts to educate the community that discrimination against housing choice vouchers is illegal.” “I really hope that this lawsuit makes all landlords understand the law and change their polices,” said Ms. Brooks. “I want people to understand how important the law is to ensure that voucher holders can find housing. If landlords can refuse to rent to Housing Choice Voucher holders, it makes it incredibly difficult for people like me to find housing.” Ms. Brooks is represented by Liza Cristol-Deman of Brancart & Brancart. __________________________________________________________________________________________ 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. 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   As the day for celebrating Dr. Martin Luther King approaches, we have an opportunity to reflect on the past year with its many challenges – from COVID, to the police brutality that ignited the BLM movement, to the recent events at the Capitol; all these events inform our future actions and strategies. Following Dr. King's assassination on April 4, 1968, and as the nation mourned him and angry riots raged in America's cities, President Lyndon Johnson pushed Congress to pass the Fair Housing Act. On April 11, 1968, seven days after Dr. King’s death, the Federal Fair Housing Act was finally enacted into law – a lasting legacy of a man who had put the issue of fair housing firmly on the map in 1966 with the Chicago freedom movement, and who had been at the forefront of the struggle for racial equality in the United States. More than 50 years later, COVID-19 has highlighted the same racial inequities present in housing opportunities and accumulation of wealth. As the Black Lives Matter movement gained momentum over the past year, so too did the white supremacist movement, something made abundantly clear on January 6, as our Capitol was overrun by rioters attempting to overturn the results of the 2020 presidential election and the Confederate flag flew inside the Capitol. In these unprecedented times, I’m reminded of Dr. King’s insistence on peaceful protests, and these words when he accepted the Nobel Peace prize in 1964: “Violence as a way of achieving racial justice is both impractical and immoral. I am not unmindful of the fact that violence often brings about momentary results. Nations have frequently won their independence in battle. But in spite of temporary victories, violence never brings permanent peace. It solves no social problem: it merely creates new and more complicated ones. Violence is impractical because it is a descending spiral ending in destruction for all. It is immoral because it seeks to humiliate the opponent rather than win his understanding: it seeks to annihilate rather than convert. Violence is immoral because it thrives on hatred rather than love. It destroys community and makes brotherhood impossible. It leaves society in monologue rather than dialogue. Violence ends up defeating itself.” These are fitting words for where we now find ourselves. I, along with our agency, recommit ourselves to the work we've undertaken to serve our community. In 2020, our agency began internally examining how to incorporate more anti-racist values into our policies, procedures, and individual beliefs. We are continuing to reflect on and implement them in 2021. We are committed to supporting the Black Lives Matter movement. Our advocacy with our local government agencies and recipients of federal housing to understand and commit to the mandate to affirmatively further fair housing – that is, actively address and work to eliminate housing discrimination and segregation – is ongoing. We redoubled our efforts to support and enforce our civil rights laws that the current administration did its best to undermine, and joined a federal lawsuit challenging the U.S. Department of Housing and Urban Development’s recent reversal of long-standing fair housing protections. There is hope: the new administration has clearly signaled its commitment to governance and to civil rights. That has been made clear through its choice of Marcia Fudge as the Secretary of HUD and Merrick Garland as U.S. Attorney General. I couldn’t be prouder of our staff as they recommit themselves daily to our mission and to help victims of housing discrimination. In the coming weeks and months, we will learn more about how many or to what extent our political leaders will attempt to curtail their previous commitments to racial equity. In the multiracial society we live in, we all have a part to play in continuing to push for racial equity and anti-racism. Thank you for your support and joining us in the peaceful struggle. Caroline Peattie Executive Director Fair Housing Advocates of Northern California Monday, December 21, 2020
FOR IMMEDIATE RELEASE Contact: Caroline Peattie, Fair Housing Advocates of Northern California (415) 483-7552, peattie@fairhousingnorcal.org Fair Housing Advocates of Northern California and Client Settle Sexual Harassment Complaint Against Landlord San Rafael, CA – Fair Housing Advocates of Northern California (FHANC) and one of its clients settled a sexual harassment and disability discrimination complaint that had been filed with the Housing and Urban Development’s Department of Fair Housing and Equal Opportunity against Turina Associates, LP et al. Ana Hernandez – an alias to protect her anonymity – alleged that she and her adult children were injured by discriminatory acts of Turina Associates, LP, the owners of the property; EAH, Inc., the managers of the property; and its agents. Specifically, Ms. Hernandez alleged that the Respondents violated the Fair Housing Act on the basis of sex and disability by permitting a member of EAH maintenance staff to sexually harass her, engaging in retaliatory acts after she reported the harassment, denying her accommodation request, terminating her tenancy, and making discriminatory statements. “We treat complaints of sexual harassment with the utmost seriousness,” said Caroline Peattie, Executive Director of FHANC. “It’s truly damaging psychologically to experience sexual harassment in the place where you live. Your home should be the one place where you feel safe, and it’s extraordinarily difficult to come forward with an accusation of sexual harassment because of the stigma connected to these complaints, not to mention that all too often, people deny that it occurred, causing further psychological damage.” Ms. Hernandez is a single mother with disabilities who lived at the San Rafael property with her adult children from 2006 until the beginning of 2019. In 2018, Ms. Hernandez contacted FHANC explaining that she had become romantically involved with an EAH maintenance worker who subsequently became abusive toward her. She said she attempted to end the abusive relationship several times but found it extremely difficult to do so because of his control over her tenancy based on his employment with the management company. Ms. Hernandez maintained that throughout their relationship, he subjected her to abuse, and she sought counseling from a domestic violence counselor beginning in September 2016. In June 2018, after another assault, she reported the abuse to the police and was granted a three-year criminal protective order against him. She said she complained multiple times to the manager about the maintenance worker’s abuse, disclosing her relationship with him, and that she shared the protective order and concerns for her family’s safety and continued tenancy. Ms. Hernandez asserts that the manager was dismissive of her allegations and even asked if she had done anything to provoke him. After failing to adequately address her concerns, EAH ultimately served her with an eviction notice alleging harassment of other tenants, which she disputed. Despite FHANC’s intervention on behalf of Ms. Hernandez and her request for additional time to move as a reasonable accommodation due to her disability, EAH denied her request and forced her to move out by January 30, 2019. Based on information obtained during counseling sessions with Ms. Hernandez, documents provided to FHANC, and interviews with another witness who made similar allegations against EAH’s agents, FHANC filed a complaint with HUD’s Fair Housing and Equal Opportunity Department in December 2018. HUD investigated her claims and FHANC ultimately negotiated a settlement agreement with the Respondents in which the owners agreed to pay Ms. Hernandez $8,667 and FHANC $4,333 in damages. In addition, Turina and EAH agreed to review and revise their rules, policies, and procedures regarding responding to and investigating claims of potential sexual harassment of tenants and applicants, to notify their tenants of the policy revisions in English and Spanish, to post HUD’s Fair Housing posters in common areas, and to have the property’s managers attend fair housing training. “I really appreciate the help I got from Fair Housing Advocates of Northern California,” said Ms. Hernandez. “The housing counselors at FHANC supported me and helped me during the whole process. The reason I came forward with my complaint was so that this wouldn’t happen to anyone else. It’s scary to speak out and without the help of the FHANC staff, I couldn’t have done it. I want other women who are victims of abuse to know that there are people out there who can help. I was grateful to have people on my side who listened and believed me.” __________________________________________________________________________________________ Note: This material is based on work supported by the Department of Housing and Urban Development (HUD) under FHIP EOI Grant FEOI19005. 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. 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. |
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