Justice Department, Federal Trade Commission, Consumer Financial Protection Bureau and Department of Housing and Urban Development Jointly Issue Resource on Protections for Rental Housing Applicants and Tenants
- At March 21, 2024
- By fhfla
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The Justice Department, Federal Trade Commission (FTC), Consumer Financial Protection Bureau (CFPB) and Department of Housing and Urban Development (HUD) jointly published today a resource for rental housing applicants and tenants about their rights under federal laws related to tenant background checks, also referred to as tenant screening reports. The Justice Department and HUD enforce the Fair Housing Act (FHA) and other civil rights statutes, and the FTC and CFPB enforce the Fair Credit Reporting Act (FCRA).
“Rental housing applicants and tenants across our country should not be denied housing opportunities because of unjust background checks and discriminatory screening policies,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Landlords and background check companies cannot use or ask for unnecessary information to deny someone housing. Today we are shining a light on the bad practices that can emerge when landlords maintain unjust screening policies, ensuring that applicants and tenants know their rights, and that housing providers and background check companies are on notice regarding their obligations under federal law.”
“Mistakes in your background check shouldn’t cost you a home or create one more hurdle to overcome as you search for affordable housing,” said Director Samuel Levine of the FTC’s Bureau of Consumer Protection. “This collaboration among FTC, CFPB, HUD and the Justice Department helps consumers know their rights, and what to do if landlords or background check companies break the law.”
“Tenants have rights when landlords deny housing based on tenant screening reports,” said CFPB Director Rohit Chopra. “These reports often rely on hidden data and complex algorithms and can cause serious harm to families seeking housing. Anyone who thinks they were wrongly denied housing because of a tenant screening report can file a complaint with the CFPB.”
“People seeking housing have a right to be free from discrimination, including during the tenant screening process,” said HUD Principal Deputy Assistant Secretary for Fair Housing and Equal Opportunity Demetria McCain. “HUD is excited to be a part of the release of this joint agency resource that contains important information about the Fair Housing Act’s protections against discriminatory background checks. We encourage anyone who suspects they are being discriminated against to file a complaint with HUD.”
The new resource provides information about how tenant background checks work, what kinds of background information a landlord might receive from tenant background check companies, how applicants and tenants can respond if they think that information is wrong and their rights under federal laws.
It also explains that, in some instances, tenant background checks can lead to illegal discrimination, even if there is no factual error in the report. The FHA makes it illegal for tenant background check companies and housing providers to discriminate against individuals on the basis of race, national origin, color, sex, religion, disability or familial status. A landlord cannot reject an application or treat an applicant or tenant differently than other applicants or tenants because of any of these characteristics. Actions of a tenant background check company or a landlord can also be illegal if they use or encourage the use of irrelevant or unnecessary information to deny individuals housing, and this negatively affects some groups more than others – this may be discrimination even if the tenant background check company or landlord does not intend to discriminate.
The resource also explains an individual’s rights under the FCRA, including the right to request a free copy of a report from the tenant background check company if a landlord makes a negative housing decision because of something included in the report and the right to dispute errors on a report. Tenant background check companies are required to take reasonable steps to ensure the information in tenant background check reports is accurate and to investigate within 30 days when someone disputes errors in their report.
Individuals who believe they have been victims of housing discrimination can submit a report to the Justice Department online at www.civilrights.justice.gov. Such individuals also may contact HUD at 1-800-669-9977 or file a complaint with HUD online.
Individuals can submit a report to the FTC in English at ReportFraud.ftc.gov or in Spanish at ReporteFraude.ftc.gov. To submit a report to the FTC in other languages, call (877) 382-4357 and press 3 to speak to an interpreter in your language. Lines are open from 9 a.m. to 5 p.m. ET.
Individuals can submit a complaint to the CFPB online or call the CFPB at (855) 411-2372 | TTY/TDD: (855) 729-2372 from 8 a.m. to 8 p.m. ET, Monday through Friday (except federal holidays). Help by phone is available in more than 180 languages.
National Fair Housing Alliance Issues Statement Saluting Secretary Fudge’s Significant Leadership following Announcement of her Retirement and Resignation as HUD Secretary
- At March 11, 2024
- By fhfla
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Today, Lisa Rice, President and CEO of the National Fair Housing Alliance (NFHA™), issued the following statement on the announced retirement and resignation of U.S. Department of Housing and Urban Development Secretary, Marcia L. Fudge.
“With tremendous gratitude, we at NFHA acknowledge the resignation of Secretary Marcia L. Fudge from her role as the head of the Department of Housing and Urban Development (HUD). Secretary Fudge has been a tireless advocate for fair housing and a champion for equitable urban and rural development throughout her distinguished career, making significant strides in advancing HUD’s mission. As a lawyer and former member of Congress from Ohio, Secretary Fudge brought a wealth of experience, passion, and a resolute commitment to advancing fair housing in her leadership of HUD and has been instrumental in shaping policies aimed at fostering vibrant, inclusive communities that provide all people with the resources and amenities necessary to thrive. Under Secretary Fudge’s leadership, HUD took many important actions, including the following pivotal steps:
- Worked with Congress to restore HUD’s staffing and resources as the agency was gutted under the former administration as well as shoring up funding to enable the Office of Fair Housing and Equal Opportunity to be effective.
- Partnered with Vice President Harris in establishing and co-led the first of its kind interagency task force on Property Appraisal and Valuation Equity (PAVE) with a goal of ending bias in home valuations.
- Steered the Biden-Harris Administration in confirming fair-housing committed nominees to serve as the heads of the Federal Housing Finance Agency, Ginnie Mae, and Federal Housing Administration. This is the first time in history that these agencies were all led by women leaders at the same time. Secretary Fudge also appointed noted fair housing movement attorney, Demetria McCain, as the Principal Deputy Assistant Secretary for Fair Housing and Equal Opportunity (FHEO).
- Restored critical fair housing rules such as the Restoring HUD’s Discriminatory Effects Standard Rule (Final Rule), which rescinds HUD’s 2020 rule governing Fair Housing Act disparate impact claims and restores the 2013 discriminatory effects rule. This action reinstated a key fair housing rule to advance justice and fairness for all. HUD also sent its final Affirmatively Furthering Fair Housing (AFFH) rule to the Office of Budget and Management for its review. The AFFH proposed rule is poised to be a viable tool in helping jurisdictions increase the supply of fair and affordable housing and ensure every community is resourced with the amenities people need to thrive.
- Issued precedent-setting guidance clarifying that Special Purpose Credit Programs, implemented properly and in accordance with the Equal Credit Opportunity Act, do not violate the Fair Housing Act. This guidance helped open the doors for thousands of creditworthy consumers to be assessed for mortgage credit based on their rental housing payment history and other sound underwriting criteria.
- Ensured HUD’s rules and regulations centered equity and the responsibility to ensure federal housing and community development funding is used to create vibrant communities for everyone, which has assisted millions of people of color, women, people with disabilities, families with children, LGBTQ+ persons and more with fairer rental and homeownership opportunities.
- Worked with the Congress to secure necessary funding for local fair housing enforcement agencies to conduct the important work of continuing to be the first responders combatting over 4 million incidences of discrimination annually.
We extend our heartfelt gratitude to Secretary Fudge for her strong leadership, deep compassion, dedicated service and unwavering commitment to the American people and the principles of fairness and justice. Her legacy will undoubtedly continue to inspire our ongoing efforts to promote fair housing and build inclusive, vibrant, well-resourced communities. On behalf of the National Fair Housing Alliance, I want to express our deepest appreciation to Secretary Fudge for her impactful contributions to the advancement of fair housing and civil rights. We wish her the very best in her well-deserved retirement, confident that her influence will endure as we strive to create a more just and equitable future for all.
We also look forward to continuing to partner with HUD Deputy Secretary Todman in her new role as HUD’s Acting Secretary. Like Secretary Fudge, Deputy Secretary Todman is a true champion for fair housing.”
The National Fair Housing Alliance (NFHA) is the country’s only national civil rights organization dedicated solely to eliminating all forms of housing and lending discrimination and ensuring equal opportunities for all people. As the trade association for over 170 fair housing and justice-centered organizations and individuals throughout the U.S. and its territories, NFHA works to dismantle longstanding barriers to equity and build diverse, inclusive, well-resourced communities.
WE ARE HIRING!
- At February 14, 2024
- By fhfla
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Job Announcement
Administrative/Intake Specialist
Do you enjoy connecting authentically with individuals who have a wide range of experiences and perspectives? Is your superpower bringing order out of chaos and making organizations run smoothly? Do you want a job where you can make a difference? If so, the Fair Housing Center of the Greater Palm Beaches (FHC) is looking for you! The FHC has an immediate opening for an engaging, customer service-oriented individual with strong administrative experience to serve as Administrative/Intake Specialist.
Company Description:
The FHC is a leader in the fair housing movement and the only organization in Paln Beach County solely dedicated (one of two Statewide) to eliminating all forms of housing discrimination and ensuring equitable opportunities for all people and communities. We have an experienced, mission-driven, and impactful team that has brought precedent-setting litigation to eliminate some of the most heinous forms of housing discrimination.
We have solid relationships, built on trust, with national, regional, and local organizations, and we effectively draw upon these connections to ensure fair and affordable housing opportunities for all people. We promote culturally diverse communities through open housing and the elimination of all barriers to that goal.
To learn more about the FHC CLICK HERE.
Role Description:
This is a full-time on-site role for an Administrative/Intake Specialist. The Administrative/Intake Specialist supports for President/CEO, Vice President and all staff members. Must be a team player. Duties include complaint intake and referral, answering and re-routing calls, filing, data input, assisting in reports and maintenance of logs, meetings, project activity scheduling and keeping accurate record on individuals assisted through the Fair Housing Information and Counseling and Investigative Services.
Qualifications:
Minimum of AA or two years of equivalent experience and knowledge of word processing and basic office skills. Experience in either fair housing, non-profit, social service or public entity. Must have strong Communication and Customer Service skills. Excellent Analytical Skills with a keen attention to detail. Multi-lingual (English/Spanish/Creole) a plus.
SALARY: Salary commensurate with experience.
APPLICATION METHODS: Please email resume by clicking HERE.
The FHC is an Equal Opportunity Employer
Justice Department Secures Agreement with Florida Housing Complexes for Discrimination Against Families with Children
- At January 23, 2024
- By fhfla
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MIAMI – The Justice Department announced today a settlement with three cooperative housing corporations in Hallandale Beach, Florida, to resolve allegations that they violated the Fair Housing Act (FHA) by discriminating against families with children.
The department’s lawsuit alleged that Isle of Paradise “B” Inc., Isle of Paradise “C” Inc. and Isle of Paradise “E” Inc. maintained and/or enforced policies prohibiting children under age 12 at their respective properties on an island known as the Isle of Paradise during certain times since 2015. The properties are 30-unit multifamily buildings known as the Monticello, at 450 Paradise Isle Blvd. (owned by Isle of Paradise “B” Inc.), the Georgetown, at 460 Paradise Isle Blvd. (owned by Isle of Paradise “C” Inc.) and the Williamsburg, at 465 Paradise Isle Blvd. (owned by Isle of Paradise “E” Inc.)
“These settlements represent the tireless efforts of attorneys with the Justice Department’s Housing and Civil Enforcement Section and the Civil Rights Unit of the U.S. Attorney’s Office, who endeavor to fulfill the promise of fair housing for all, as envisioned by Congress in its enactment of the Fair Housing Act,” said U.S. Attorney Markenzy Lapointe for the Southern District of Florida. “One settlement provides compensation to a realtor, and her clients, a prospective renter with a young child, who the complaint alleges were denied an opportunity to lease a unit due to unlawful policies and practices of Isle of Paradise “B” Inc., which prohibited families with children under age 12.”
“The Fair Housing Act outlaws familial status discrimination, including discrimination against families with children,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department is committed to enforcing the Fair Housing Act and seeking relief for families harmed by unlawful policies and practices that unfairly exclude them.”
Under the agreements, in the form of three separate consent decrees that were approved by the U.S. District Court for the Southern District of Florida, the defendants will pay a total of $52,000, including $39,000 to individuals who are alleged to have been harmed by the defendants’ practices and civil penalties to the government to vindicate the public interest. The defendants also agreed to undergo fair housing training and to submit periodic reports to the department.
The department conducted an investigation and filed this lawsuit after a woman and her real estate agent informed the department that she was turned away from renting a unit at the Monticello building because she had a son under age 12. The department’s allegations were based, in part, on evidence generated by the department’s Fair Housing Testing Unit, in which individuals pose as prospective renters to gather information about possible discriminatory practices.
Individuals who believe they or someone they know may have been discriminated against at these properties because they have children should send an e-mail to the Justice Department at IsleofParadise@usdoj.gov or fairhousing@usdoj.gov; or leave a message at 1-833-591-0291, selecting option 1 for English or 2 for Spanish, then option 1 for housing discrimination, and then option 7 for Isle of Paradise.
The FHA prohibits discrimination in housing based on familial status, race, color, national origin, religion, sex and disability. More information about the Civil Rights Division and the laws it enforces is available at www.justice.gov/crt. Individuals may report housing discrimination by calling the Justice Department’s Housing Discrimination tip line at 1-833-591-0291, emailing the Justice Department at fairhousing@usdoj.gov or submitting a report online. Individuals may also report such discrimination by contacting HUD at 1-800-669-9777, or by filing a complaint with HUD online.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov, under case number 23-cv-62277.
View the Isle of Paradise B consent decree.
View the Isle of Paradise C consent decree.
View the Isle of Paradise E consent decree.
