- Fair Housing Rights of Individuals with Disabilities
- Two essential concepts
- Definitions:
- 3-part definition of "Individual with a disability"
- "qualified individual With a disability"
- Reasonable Accommodation
- Definitions:
- State Law - Chapter 151 B
- Who is protected?
- Who is covered?
- What property is covered?
- Substantive Provisions of Chapter 151 B
- unlawful to deny, withhold accommodations because of disability, or to discriminate in terms, conditions or privileges based upon disability, s. 4, para. 6:
- refusal to permit accommodations at person's expense, or at own expense if sufficiently large entity, s. 4, para. 7A(l);
- refusal to make accommodations in rules, policies, practices or services, s. 4, para. 7A(2);
- failure to include "basic access" in multi-family dwellings built after March, 1991; five percent wheelchair accessible and two percent communication accessible, 804 C.M.R. s. 2.03 (5).
- Enforcement
- administratively through the MCAD, and/or
- civil action in Superior Court
- Scope of Relief before the MCAD
- Devita v. Ferlisi decision
- Federal Law - Title VIII, 42 U.S.C., s. 3604
- Who is protected?
- Substantive provisions
- unlawful for person or entity engaged in residential real estate transactions to discriminate on the basis of "handicap", 42 U.S.C., s. 3605 (a);
- unlawful to not permit reasonable accommodation at person's expense, 24 C.F.R, s. 100.20' );
- unlawful to fail to make reasonable accommodations in rules, policies. or services, 24 C.F.R. 100.204 (a);
- multi-family dwellings designed for first occupancy after March, 1991, must be designed and constructed in manner that enhances accessibility for IWDs, 24 C. F.R., s. 100.205;
- Enforcement
- Administrative complaint with HUD
- Civil Suit. United States District Court
- Relief
- Shapiro v. Cadman Towers, Inc., 844 F.Supp. 116 (E.D. N.Y. 1994
- Scope of Permissible Inquiries as to the Existence or Nature of a Disability
- Two essential concepts
- Title III of the Americans with Disabilities Act (ADA), 42 U.S.C., s. 12181.
- Coverage of "Public accommodations." and "Commercial Facilities"
- Substantive Provisions
- General non-discrimination requirements, 28 C.F.R., s. 36.201 (2)
- Physical Access, 28 C.F.R., ss. 36.304 and 36.401
- "new construction" -- ADAAG; compare and contrast: Access requirements under A-AB statute (see chart)
- "existing facilities"
- liability/obligations: landlord-tenant
- Communication Access. 28 C.F.R., s. 36.303
- Enforcement
- Relief
- Practical Applications and Trends
- Examples of cases
- Shapiro v. Cadman Towers, 844 F. Supp. II 6 (E.D.N.Y. 1994)
- Devita v. Ferlisi, 15 MPLR 1444 (1993)
- Handling Problem Situations
- Broker's liability for actions of salesmen
- Agent's liability if working in office, with discriminatory listings
- Handling racial violence/intimidation
- Responding to information that client may have discriminatory preferences
- Lead paint law and discriminatory practices against families with children (duty to disclose all available units) G.L. c. III, ss. 189-199B
- Examples of cases
ADA RESOURCES AND PUBLICATIONS
Non Discriminatory--Real Estate Practices: The Responsibilities of Real Estate Brokers and Property Owners Under The-Fair Housing Laws.
Massachusetts Association of Realtors' - Fair Housing Chart
Court decisions: Devita v. Ferlisi and Shapiro v. Cadman Towers
Fair Housing Rights of Individuals With Disabilities Physical Access - Chart