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HomeMy WebLinkAbout2025-04-10; Housing Commission; 01; Fair Housing PresentationMeeting Date: April 10, 2025 To: Housing Commission From: Christian Gutierrez, Housing Services Manager Staff Contact: Christian Gutierrez, Housing Services Manager christian.gutierrez@carlsbadca.gov, 442-300-6555 Subject: Fair Housing Presentation Recommended Action Receive the Fair Housing Presentation provided by the Legal Aid Society of San Diego. Executive Summary Equal access to housing is a fundamental right protected under both State and Federal Fair Housing laws. These laws prohibit discrimination in the sale or rental of housing based on protected classes such as race, religion, national origin, familial status, disability, sexual orientation, source of income, or any other arbitrary factor. The City of Carlsbad is committed to upholding these protections and fostering an inclusive community. To support this effort, the city partners with the Legal Aid Society of San Diego (LASSD) to provide fair housing services. Among these services are educational workshops designed to inform residents, housing providers and community stakeholders about their rights and responsibilities under fair housing laws. Discussion As a recipient of Community Development Block Grant (CDBG) funding, the City of Carlsbad is required to affirmatively further fair housing. In support of this commitment, the city contracts with a qualified fair housing service provider to offer no-cost services to Carlsbad residents and housing providers. These services include mediation and assistance with filing fair housing complaints, as well as education and outreach to promote understanding of housing rights and responsibilities. The City of Carlsbad partners with the Legal Aid Society of San Diego (LASSD), a private 501(c)(3) nonprofit organization committed to advancing fairness and equal housing opportunity for all individuals. LASSD works to eliminate housing discrimination and ensure access to fair housing through leadership, education, outreach, training, advocacy and legal enforcement. April 10, 2025 Item #1 Page 1 of 2 HOUSING COMMISSION Staff Report This long-standing partnership has enabled the city to provide critical fair housing services to the community for several years. As part of its continued efforts, LASSD will deliver a presentation to the Housing Commission covering fair housing fundamentals and recent updates to housing laws. Fiscal Analysis There is no direct fiscal impact associated with receiving the fair housing presentation. The city’s agreement with LASSD is funded annually through the Community Development Block Grant program. The program operates on a reimbursement basis, in which grant funds are expended for approved activities and then reimbursed from the U.S. Department of Housing and Urban Development. Environmental Evaluation (CEQA) The proposed action is not a “project” as defined by CEQA Section 21065 and CEQA Guidelines Section 15378(b)(5) and does not require environment review under CEQA Guidelines Section 15060(c)(3) and 15061(b)(3), because the proposed action to report on the policies and strategies is an organizational or administrative government activity that does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. Any subsequent action or direction stemming from the proposed action may require preparation of an environmental document in accordance with CEQA or CEQA Guidelines. Exhibits None. April 10, 2025 Item #1 Page 2 of 2 Fair Housing Basics Fair Housing ServicesLegal Aid Society of San Diego, Inc.(844) 449-3500WWW.LASSD.ORG Legal Aid Society of San Diego, Inc. This presentation is meant for educational purposes only and is not legal advice. Please keep in mind that laws and regulations are often updated. Information may have been updated since the creation of this presentation. ~-'UJ.-• Roadmap Fair Housing Basics Trends Tenant Protection Act Overview Questions Legal Aid Society of San Diego, Inc. Protected Classes: Federal Legal Aid Society of San Diego, Inc. Federal Fair Housing Act Race Color National Origin Religion Sex Disability Familial Status Protected Classes: State California fair housing laws Same as federal, plus: Ancestry Genetic information Citizenship/ Primary Language/ Immigration Status Sexual Orientation Gender Identity Pregnancy Age Marital Status Military/Veteran Status Source of Income Arbitrary Status Legal Aid Society of San Diego, Inc. Discrimination When based on the protected classes it is illegal to: Refuse to sell, rent, or lease rooms, apartments, condos or houses Represent that a housing accommodation is not available for inspection, sale, or rental when it is in fact available Deny a home loan or homeowner’s insurance Make statements (verbal or written) that indicates any preference, limitation, or discrimination Offer inferior terms, conditions, privileges, facilities or services in connection with the housing accommodation Refuse to permit, at a disabled tenant’s expense, reasonable modifications when necessary to accommodate a disability Refuse to make reasonable accommodations in housing rules, policies, practices, or services where necessary to afford a disabled person equal opportunity to use and enjoy a dwelling Retaliate against someone filing a complaint or asserting their rights under the fair housing law. Exceptions for Owner-Occupied Rental Units Owner-occupied single-family house renting to a person as a roomer or boarder living within the household, provided that no more than one roomer or boarder is to live within the household, and the owner complies with subdivision (c) of Section 12955, which prohibits discriminatory notices, statements, and advertisements. CA Gov’t Code 12927(c) *Note: federal law has broader exceptions 7Legal Aid Society of San Diego, Inc. Common Fair Housing Issues Disability Reasonable accommodations: exceptions to rules/policies/procedures Requests for assistance animals, parking spot, ground floor unit, more time (to move/cure violations), larger voucher size for Section 8, exceptions to tenant screening criteria Reasonable modifications: physical changes to the property (at tenant’s expense unless federally subsidized property) Requests for ramps, walk in shower, in unit laundry, hard surface flooring, sound proofing Legal Aid Society of San Diego, Inc. Common Fair Housing Issues Source of Income Employment vs. unemployment/disability/child support/etc. Third party rental assistance Refusing to complete documentation/provide a W9 Refusing to hold units during voucher processing Financial/income standard: against tenant portion only Alternatives to credit Legal Aid Society of San Diego, Inc. Trends/Testing Source of income continues to be a common problem Both for rental assistance/Section 8 and non-employment incomes Overt violations and discouraging statements National origin/primary language Subtle discrimination/attitude changes/providing less information, but no instances found in Carlsbad recently Familial status Different/better terms provided .,,. Tenant Protection Act (TPA) .,,. TPA Basics Rent cap Just cause TPA: Rent Cap Limits rent increases to max of 5% + regional CPI, or 10%, whichever is lower, in a 12-month period. Right now: 8.6% through July 31, 2025. Landlords cannot raise the rent more than 2 times in a 12-month period. Exemptions to rent cap Single family homes with no corporate ownership Owner occupied single family home Duplexes if owner lives in other unit ADUs and junior ADUs Mobile homes Affordable housing or properties subject to local just cause ordinance Housing built within last 15 years School owned housing .,,. TPA: Just Cause Landlords must have “Just Cause” (a lawful reason) to evict a tenant, unless exempt Just cause requirement applies if: All tenants have continuously lived in the property for 1 year or more, or At least one tenant has continuously lived in the property 2 years or more Exemptions to just cause Single family homes with no corporate ownership Owner occupied single family home Duplexes if owner lives in other unit ADUs and junior ADUs Mobile homes Affordable housing or properties subject to local just cause ordinance Housing built within last 15 years School owned housing Hotels/motels/hostels Nonprofit hospitals, religious care facilities for the elderly, or adult residential facilities .,,. TPA: Just Cause Just Cause could be: At Fault (tenant’s default: nonpayment, lease violations, etc.) No Fault (tenant did nothing wrong, but there is another lawful reason to evict: substantial remodel, owner move in, compliance w/government order, withdrawal) For No Fault terminations, landlords must provide relocation assistance equal to one-month’s rent via payment within 15 days of the notice or written waiver of the last month’s rent. .,,. LASSD Self-Help Resources https://www.lassd.org/ Includes information and resources on fair housing, tenant protections, and homeowner rights #JusticeBeginsHere d\ LEGAL AID SOCIETY ~ OF SAN DIEGO How We Can Help ENGLISH ESPANOL TAGALOG FARSI Call us at 1-877-534-2524 TTY 1-800-735-2929 SOMALI "€!3£,! For Health Related Questions 1-877-734-3258 ( Consumer Center} VIETNAMESE Monday -Friday 9am to 5pm News & Events About Get Involved Contact Q Donate Improving Lives With Free Legal Help Dedicated to providing effective legal assistance to San Diegans for over 100 years Legal Aid Society of San Diego Fair Housing Services The fair housing team investigates allegations of housing discrimination. We also provide education/training about fair housing rights and obligations to tenants, housing providers, and others. We enforce fair housing rights by: Investigating and advising on discrimination claims, Representing clients to negotiate/resolve complaints against a housing provider, Filing and representing clients in administrative complaints with HUD/CRD, and/or Filing lawsuits and representing clients throughout the litigation. Legal Aid Society of San Diego, Inc. .,,. Legal Aid Society of San Diego: Becoming a Client •Phone: 877-534-2524, TTY 800-735-2929 •Fair Housing Hotline: 844-449-3500 •Walk in application •Online inquiry https://www.lassd.org/contact-us/ Intake to review issue and eligibility •Housing teams: Fair Housing Shriver Housing / Sub-Housing Consumer Directed to the correct team or referred out #JusticeBeginsHere Clllllili111 How We Can Help ENGLISH ESPANOL TAGALOG News & Events Call us at 1-877-534-2524 About FARSI TTY 1-800-735-2929 Support Our Work Our Services SOMALI it3<2! 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