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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.
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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. August 23, 2022
FOR IMMEDIATE RELEASE Contact: Julia Howard-Gibbon, Supervising Attorney, Fair Housing Advocates of Northern California (415) 483-7516, julia@fairhousingnorcal.org Fair Housing Agency and Client Settle Discrimination Lawsuit Against Landlord San Rafael, CA – Over 300,000 families in California receive Housing Choice Vouchers (also known as “Section 8”) to ensure that lower-income renters can afford to live in a variety of neighborhoods, with the goal of limiting segregation and homelessness. However, to date, the voucher program has been unable to accomplish its goals in many jurisdictions due in large part to private landlords’ refusal to consider renting to people with housing vouchers. 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 a Section 8 voucher. Additionally, for more than 20 years, it has been illegal for most California landlords to require applicants with vouchers to meet minimum thresholds based on the entire rent rather than the portion of the rent to be paid by the tenant. 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. Both of these policies and practices violate California’s Fair Employment and Housing Act. Late last month, the owners of two large apartment complexes and a management company agreed to pay $100,000 to settle a case in which the plaintiffs, a fair housing agency and a prospective renter, alleged that the defendants refused to rent to Section 8 voucher holders unless they earn at least 2.5 times the entire monthly rent, even when the majority of rent is paid by the local Public Housing Authority. The payment covers damages and attorneys’ fees. Other terms of the settlement included the following:
In early 2021, the plaintiffs filed a lawsuit in Sonoma County Superior Court alleging that the owners and the management company had refused to rent to 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. The plaintiffs filed against two companies that hold title to apartment complexes located in Santa Rosa and Rohnert Park and a California corporation that manages both properties as well as rental properties in 18 states, including hundreds of rental properties in California. The individual plaintiff is a recipient of a Section 8 voucher through the Sonoma County Housing Authority. In June of 2020, she found a listing for an apartment complex in Rohnert Park 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 she spoke with the agent, she asked if they accepted housing choice vouchers. The agent told her that they accepted vouchers, but that she would need to have an income of at least $5,000 per month, or 2.5 times the rent. She explained to the agent 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 apartment complex’s policy. The client lodged a complaint with a local fair housing agency. In April 2020, before the individual plaintiff ever inquired about renting at this complex, the fair housing agency sent informational brochures explaining the new changes to the law to 50 housing providers and property managers in the region, including the management company named in the complaint. The informational brochure explained that rejecting rental applicants because they have a rental subsidy 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. After receiving the complaint from the voucher recipient, the fair housing agency conducted an investigation in September 2020, replicating the experience of their client. An employee of the fair housing agency contacted the apartment complex posing as a prospective renter. When the employee inquired about the Section 8 policy, 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 even if the applicant has a voucher. In December 2020, an employee of the Sonoma County Housing Authority contacted the fair housing agency and reported that multiple voucher holders were rejected for tenancy by the same management company at a different apartment complex 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. Based on this allegation, in January 2021, another employee of the fair housing agency called the apartment complex and the agent confirmed that the management company accepts vouchers but still requires that all applicants make a minimum of 2.5 times the full monthly rent to qualify. The fair housing agency was represented by Julia Howard-Gibbon of Fair Housing Advocates of Northern California and the individual plaintiff was represented by Liza Cristol-Deman of Brancart & Brancart. “A landlord cannot reject an applicant using a minimum income requirement that is based on the entire monthly rent when the Public Housing Authority is picking up most of the tab,” said Ms. Cristol-Deman. “That has been the law in California for more than 20 years. A professional management company should know better. And California’s most vulnerable residents deserve better.” “The defendants should have been well aware of their obligation not to discriminate against voucher holders, especially given that the fair housing agency had previously sent them information about the law and how to comply with it, yet the management company still had discriminatory policies in place,” said Ms. Howard-Gibbon. “Despite the fact that in 2020, California put in place a law making it illegal to discriminate against people with housing subsidies, the agency has conducted systemic investigations that pointed to the prevalence of discriminatory policies still in place, making it clear that we must all make more effort to educate the community that discrimination against housing choice vouchers is illegal.” _____________________________________________________________________________________ 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. May 5, 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 Negotiates Settlement of Disability Discrimination Complaint on Behalf of Client San Rafael, CA – Just before Fair Housing Month was celebrated in April, a settlement agreement was executed in a gender and disability discrimination complaint brought by Fair Housing Advocates of Northern California (FHANC) and one of its clients against Bret Andrews. The complaint, filed in February 2021 with the Department of Fair Employment and Housing (DFEH), alleged that Mr. Andrews discriminated against her in violation of federal, state, and local fair housing laws. The client, a Mill Valley tenant of approximately ten years, alleged that Bret Andrews sexually harassed her, retaliated against her for refusing his sexual advances, and failed to accommodate her disability on multiple occasions. She alleged that the sexual harassment was not an isolated incident, but a series of incidents over the course of years during her tenancy at Mr. Andrews’ property, and that following her rejection of his sexual advances, he began retaliating against her by communicating with her in a hostile and unprofessional manner, frustrating her efforts to get repairs. The client contacted FHANC in May 2020, seeking advice about her fair housing rights, sharing information about her disability and need for reasonable accommodations. FHANC requested reasonable accommodations on her behalf, which included a request that Mr. Andrews cease from engaging in any hostile, retaliatory, or unprofessional behavior toward her; that he contact her only via email, except in an emergency; give her reasonable notice for entry into her unit; refrain from sharing personal information about her with others; and refrain from entering her unit for any reason other than an emergency during the Covid-19 pandemic and, in the event of entry, take precautions to protect her health and safety, including social distancing and wearing a mask. The complaint against Mr. Andrews asserted that while he agreed to grant some of her reasonable accommodation requests, he failed to grant her request to cease hostile communications and continued to act in a hostile manner toward both her and FHANC’s attorney during the negotiation process, and that he violated her fair housing rights by deliberately frustrating and delaying the reasonable accommodation process by requesting extraneous and unnecessary documentation, refusing to meaningfully engage in the interactive process as required by fair housing law, and imposing unnecessary and unduly burdensome conditions before considering her requests. FHANC also filed a complaint, asserting that the agency’s resources had been diverted and its mission frustrated by Mr. Andrews’ discriminatory actions. Mediation resulted in a settlement agreement compensating FHANC’s client $60,000 and FHANC $30,000. Additionally, Mr. Andrews and all his employees and agents who have contact with residents or prospective residents at any California property he owns will attend comprehensive fair housing training with a fair housing group. In addition, he agreed not to engage in unlawful discrimination in housing. The agreement was signed by all parties in March 2022. “It was extremely unfortunate that our client had to suffer through such a difficult experience and ultimately felt forced to move out, incurring moving and other expenses, even after our intervention and our reasonable accommodation request on her behalf,” said Caroline Peattie, Executive Director of FHANC. “Your home should be a place where you feel safe. We hope that the fair housing training that Mr. Andrews undergoes will help him better understand his boundaries as a landlord as well as his obligation when a person with a disability requests a reasonable accommodation.” FHANC’s client was represented by FHANC Housing Counselor John Froggatt, and Supervising Attorney Julia Howard-Gibbon represented FHANC. 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 April 11, 2022
FOR IMMEDIATE RELEASE Contacts: Caroline Peattie / peattie@fairhousingnorcal.org Adriana Ames / adriana@fairhousingnorcal.org RE: Upcoming Virtual Fair Housing Conference 2022 On Wednesday, April 20, Fair Housing Advocates of Northern California (FHANC) will celebrate Fair Housing Month and the anniversary of the passage of the Fair Housing Act by presenting a virtual conference, “Investing in Our Future: Fair Housing and Race-Conscious Policies.” The presenters will address strategies and possibilities for advancing fair housing and racial equity via race-conscious housing policies, through legislative, legal, administrative, as well as media- and advocacy-driven approaches. 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 our communities, offering strategies to re-energize fair housing initiatives. The conference will be moderated by Jorge Andres Soto, Associate Vice President of Advocacy & Government Affairs at the National Fair Housing Alliance, and will feature the following speakers and subjects:
Panelists for the Appraisal Discrimination session include Paul Austin and Dominique Colon (FHANC Clients) and Liza Cristol-Deman (Attorney at Law, Brancart & Brancart). General admission is $25, with scholarships available upon request. Visit FHANC’s conference page for more information, including presenters’ bios, or to register for the event: https://www.fairhousingnorcal.org/fairhousingconference2022.html For more information, to request a scholarship, or for any special needs, 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, Marin Community Foundation, California Association of Realtors, First Federal Savings and Loan, Westamerica Bank, Marin Association of Realtors, Marin Sanitary Service, and Marin Interfaith Council. -------------------------------------------------------------------------------------------------------------------------- Note: This material is based on work supported by the Department of Housing and Urban Development (HUD) under FHIP EOI Grant FEOI210037. Any opinions, 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. |
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