Visit hud’s conference site for more details.

A week-long conference set in New Orleans to explore new developments in testing and enforcement, and the potential impact of pending regulatory changes involving “Affirmatively Furthering Fair Housing.”

If you are browsing this page, you are also protected by the Fair Housing Act, which prohibits discrimination in housing that is felt to be linked to any of the following protected classes:

• Race
• Color
• National origin
• Religion
• Sex
• Familial status (families with children)
• Handicap

These seven protected classes cover everyone. Discrimination occurs when someone is treated differently because of their actual or perceived affiliation with one or more protected classes.

Although many times tenants feel that a situation ‘isn’t fair,’ it’s important to ask the following question when considering your options:

“Is the treatment I’m receiving based on my behavior or is it because of who I am, where I’m from or what I or my family look like or believe?”

Behavior might involve failure to pay rent, violating lease agreements or local laws, damaging property, or creating a threat to the health/safety of others. It may also involve a felony conviction that might in some cases make individuals ineligible for certain federal benefits, such as a housing subsidy.

Who we are generally relates to things not in our control (disability, gender, age, skin color), that are part of our culture or heritage (religious beliefs or birthplace), or that involve our familial status (married/divorced, kids or no kids, extended family, etc.). These are the traits covered, or protected, by the federal Fair Housing Act. State and local governments in some areas extend additional protections to include source of income, sexual orientation or other factors. (Note. As of this time, Idaho is not among them)

If you believe you have experienced discrimination based on a protected class issue, you might consider a fair housing complaint.

Remember, pets are one thing, but legitimate service, support or companion* animals are another under local and federal law. (*In Idaho, ‘companion’ animals regarded as having a therapeutic purpose for someone with a qualifying disability may not be considered pets)

The Delta Society, a national organization promoting service animal training, education and use offers this detailed description of the various categories as follows:

“Service animals are legally defined (Americans With Disabilities Act, 1990) and are trained to meet the disability-related needs of their handlers who have disabilities. Federal laws protect the rights of individuals with disabilities to be accompanied by their service animals in public places. Service animals are not considered “pets.”

Therapy animals are not legally defined by federal law, but some states have laws defining therapy animals. They provide people with contact to animals, but are not limited to working with people who have disabilities. They are usually the personal pets of their handlers, and work with their handlers to provide services to others. Federal laws have no provisions for people to be accompanied by therapy animals in places of public accommodation that have “no pets” policies. Therapy animals usually are not service animals.

Companion animal is not legally defined, but is accepted as another term for pet (note exception under Idaho law above).

“Social/therapy” animals likewise have no legal definition. They often are animals that did not complete service animal or service dog training due to health, disposition, trainability, or other factors, and are made available as pets for people who have disabilities. These animals might or might not meet the definition of service animals.” (Source: Delta Society)

Fraudulent claims – While the vast majority of reasonable accommodation requests involving animals are legitimate, some abuse does occur (although the presence of fraud in a segment of overall requests is no reason to deny a specific request). Third-party professionals asked to write letters requesting a service, support or companion animal should not take the request lightly; in the event of a legal challenge, their judgment (just like anyone involved in a legal dispute) may be open to question. Many disability rights advocates stress that fraudulent or frivolous claims undermine the credibility of the process and ultimately insult those whom this law was designed to protect. It is in everyone’s interest to maintain the integrity of this legal right.

Multiple animals – “The Fair Housing Act does not specifically limit the number of service animals an individual with a disability may have. Requests for multiple service animals may be reviewed on a case-by-case basis. It is possible that housing providers may impose limitations if it can be demonstrated that an individual’s request for reasonable accommodation exceeds what is necessary for that person to have full use and enjoyment of the premises.” (Source: Delta Society)

Damage, behavior and cleanup – Lease agreements may still hold tenants liable for damages caused by such animals and/or for unreasonable impacts to fellow tenants or neighbors. Tenants may still be expected to comply with local leash, kennel ordinances and/or laws involving animal waste.

• A parent
• A person who has legal custody of the child or children or
• The designee of the parent or legal custodian, with the parent or custodian’s written permission.
• Familial status protection also applies to pregnant women and anyone securing legal custody of a child under 18.

HUD / Fair Housing and Equal Opportunity Office
Toll-free: 1-800-877-0246

Idaho Legal Aid Services
Toll Free: (866) 345-0106
TDD/TTY: (800) 245-7573

Idaho Human Rights Commission
Toll Free: (888) 249-7025
TDD/TTY: (208) 334-4751

Intermountain Fair Housing Council
Toll-free: 1-800-717-0695

Fair Housing can be best defined as the right of all people to be free from discrimination in the rental, sale or financing of housing. The act covers every individual, since we all belong to one or more protected class.

Accessible – This term applies to a program, service, built environment or event that can be used by persons of all abilities. Examples would include a courthouse or restroom that can accommodate wheelchair users, a public hearing that provides assistive listening devices for the hearing impaired, or a program offering outreach materials in alternate formats. In housing, the term is generally used in reference to multifamily or senior housing complexes, homeless shelters, etc.

Adaptable – Built environments that may or may not include finished accessible features such as ramps, grab bars, etc, but that can be easily adapted or modified to accommodate a variety of tenants. Examples include buildings with extra structural blocking in bathroom walls to allow future installation of grab bars in toilet and tub areas; wider hallways, entry ways and door openings; adjustable counter or cabinet elevations, removable cabinet doors under sinks to allow wheelchair access, etc.

Affirmatively Furthering Fair Housing (AFFH) – Beyond a commitment to avoid discrimination, HUD-funded recipients are required to affirmatively further fair housing, which means actively promoting wider housing opportunities for all persons while maintaining a nondiscriminatory environment in all aspects of private and public housing.

Americans with Disabilities Act (ADA) – This act was signed into law July 26, 1990. The ADA primarily covers access to public spaces, programs and events. The Act covers employment, state and local government, public accommodations, telecommunications and transportation. ADA laws and design requirements also apply to certain public or common areas of multifamily housing complexes.

Disability – The Fair Housing Act defines disability as “any physical or mental impairment that substantially limits one or more major life activities.”

Disparate Impact – This term describes the idea that an action or policy that is applied equally to all persons (and that appears neutral) may have an unintended but ‘disparate’ or unequal impact on members of a protected class. In some cases, this can be interpreted as a violation of Fair Housing law. One commonly used example is a policy stating that any tenants involved in domestic disturbances or abuse will face eviction. Since 90-95% of all domestic violence victims are women, this policy may have a disparate impact based on gender, a protected class.

Fair Housing Act – Congress passed The Fair Housing Act on April 11, 1968. The original Act prohibited discrimination in all housing transactions on the basis of race, national origin, sex, color and religion. It was later amended to protect persons with disabilities and ‘familial status’ (i.e., households with/without children). Fair Housing Accessibility ‘design and construction standards’ apply to multifamily housing consisting of four or more units and ready for first occupancy after March 13, 1991.

LEP/LAP – Idaho’s growing population includes individuals with Limited English Proficiency (LEP). Some LEP populations are refugees (pushed from their home country through war, famine or political oppression), and some are immigrants (pulled to the U.S. or Idaho by perceived opportunity or family connections). Under Title VI of the Civil Rights Act of 1964 – National Origin Discrimination Against Persons With Limited English Proficiency (LEP Guidance), it is illegal to discriminate in access to programs or services that involve use of federal funds. Organizations that receive federal funds must create, implement and follow a Language Assistance Plan (LAP) that effectively accommodates the needs of all customers. Keep in mind that ‘customer service is welcome in any language.’ For more information, see http://lep.gov