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HomeMy WebLinkAbout2023-06-08; Housing Commission; ; Fair Housing PresentationMeeting Date: June 8, 2023 To: Housing Commission From: Nicole Piano-Jones, Senior Program Manager Staff Contact: Nicole Piano-Jones, Senior Program Manager nicole.pianojones@carlsbadca.gov, 442-339-2191 Subject: Fair Housing Presentation Recommended Action That the Housing Commission receive the fair housing presentation provided by the Legal Aid Society of San Diego. Executive Summary Equal access to housing is a right guaranteed to everyone. Fair Housing laws prohibit discrimination in the sale or rental of housing based on State and Federal protected classes, such as race, religion, national origin, family status, disability, sexual preference, source of income or any arbitrary status. The City of Carlsbad partners with the Legal Aid Society of San Diego (LASSD) as its fair housing service provider. One such service is conducting workshops to educate residents, housing providers and the community about fair housing laws. Discussion As a recipient of the Community Development Block Grant (CDBG) program, the City of Carlsbad must affirmatively further fair housing. Part of this effort includes contracting with a fair housing provider to offer fair housing services for Carlsbad residents and housing providers at no cost. The fair housing service provider mediates and assists with filing fair housing complaints. The City of Carlsbad partners with the Legal Aid Society of San Diego for housing related legal services. LASSD is a private 501(c)(3) non-profit corporation dedicated to promoting and developing fairness and equal housing opportunity for all people. LASSD works to eliminate housing discrimination and ensure equal housing opportunity through leadership, education, outreach, training, advocacy and enforcement. For several years, the city has successfully partnered with LASSD to provide these services to Carlsbad residents. LASSD will provide a presentation to the Housing Commission on fair housing basics and recent updates to fair housing laws. Fiscal Analysis There is no direct fiscal impact associated with receiving the fair housing training. June 8, 2023 Item #2 Page 1 of 2 Environmental Evaluation (CEQA) Pursuant to Public Resources Code Section 21065, this action does not constitute a “project” within the meaning of the California Environmental Quality Act (CEQA) in that it has no potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and therefore does not require environmental review. Exhibits None. June 8, 2023 Item #2 Page 2 of 2 Fair Housing Law Training Legal Aid Society of San Diego(844) 449-3500WWW.LASSD.ORG Purpose of presentation is to provide general information about your rights and responsibilities and not to provide specific legal advice. What is fair housing? •Housing choice •People with similar income levels in the same housing market should have the same range of choices available to them despite their protected class status. What is not fair housing? •Landlord/tenant disputes –unless they are based on protected class Federal Protected Classes •Federal •Race •Color •National origin •Religion •Familial status •Sex (2021 Update) •Disability Legal Aid Society of San Diego, Inc. California Protected Classes California protected classes •Age •Marital status •marriage, non-marriage, divorced, separated etc. •Familial status – •Rules that single out children are not ok (except pool) •Inquiries about children/refusing to rent •Overly restrictive occupancy standards •Citizenship, primary language, immigration status (Covered under Unruh) •Cannot inquire on status, disclose citizenship status with the purpose of harassment/intimidation •Can request information to verify financial qualifications (TIN ok) •Source of income •Military/Veteran status •Active and reserve •Arbitrary 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 Discrimination continued •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. Section 504 Obligations •Recipients of federal funding must not only follow the law but also take affirmative steps to make federally assisted housing accessible to people with disabilities. Common Issues Disability discrimination / reasonable accommodations Source of income discrimination City of Carlsbad & LASSD •Community Development Block Grant (CDBG) funding •Through CDBG contract, LASSD provides fair housing services for the City of Carlsbad. •Education and outreach •Referral (client services) •Testing LASSD •We are the largest legal services provider in our county. •The fair housing team investigates allegations of housing discrimination. •We also provide education about fair housing rights and obligations to tenants and housing providers. •We enforce fair housing rights by •Investigating and/or •Representing individuals to resolve complaints against housing providers and/or •Filing and representing in administrative complaints with HUD/CRD (formerly DFEH) and/or •Filing lawsuits and representing throughout the process Legal Aid Society of San Diego, Inc. LASSD Resources •https://www.lassd.org/ •Includes information and resources on fair housing laws and tenant rights THANK YOU Legal Aid Society of San Diego, Inc. (844) 449-3500 www.lassd.org