HUD reports record number of housing discrimination cases

Despite advances achieved within the last five months regarding fair housing opportunities in this country for low income people and individuals with disabilities, a record 10,522 complaints were filed in fiscal 2008, according to a report released by the Department of Housing and Urban Development (HUD).

The report, produced by Congress each year, indicated that 44% of the complaints were produced by persons with disabilities. Thirty-five percent, or 3,699 of the complaints alleged discrimination based on race.

"Despite progress, housing discrimination continues in America. We must put a stop to it and stand up for anyone who is unlawfully denied a home of their own," said John Trasviña, HUD Assistant Secretary for Fair Housing and Equal Opportunity. "Fighting against housing discrimination and affirmatively furthering fair housing are twin priorities of HUD and the Obama Administration."

The report also indicates legal actions HUD conducted to find monetary relief and housing for people subjected to illegal discrimination. Fines were imposed, and education programs were forced upon entities charged with discrimination.

• For example, HUD obtained A $20,000 settlement for a mother who was denied the opportunity to rent a house because she had a child.

• A $40,000 settlement for a family with a disability that was denied a reasonable accommodation for their child. In addition, $2,500 was donated to an autism group and another $2,500 to an early childhood development center.

In addition, the report also shows the importance of the partnership between HUD and its independent fair housing groups, and state and local housing agencies.

"HUD has an array of weapons to combat housing discrimination," said Trasviña. "Most important are the partnerships with state, local and other agencies, private fair housing organizations and responsible industry officials who, together with HUD are on the front lines to advance fair housing and fair lending policies."

People who believe they are the victims of housing discrimination should contact HUD at 1 (800) 669-9777 (voice), (800) 927-9275 (TTY). Additional information is available at www.hud.gov/fairhousing.

The Fair Housing Act prohibits discrimination on the basis of disability in all types of housing transactions. The Act defines persons with a disability to mean those individuals with mental or physical impairments that substantially limit one or more major life activities.

The term mental or physical impairment may include conditions such as blindness, hearing impairment, mobility impairment, HIV infection, mental retardation, alcoholism, drug addiction, chronic fatigue, learning disability, head injury, and mental illness.

The term major life activity may include seeing, hearing, walking, breathing, performing manual tasks, caring for one's self, learning, speaking, or working. The Fair Housing Act also protects persons who have a record of such an impairment, or are regarded as having such an impairment.

Current users of illegal controlled substances, persons convicted for illegal manufacture or distribution of a controlled substance, sex offenders, and juvenile offenders are not considered disabled under the Fair Housing Act, by virtue of that status.

The Division's enforcement of the Fair Housing Act's protections for persons with disabilities has concentrated on two major areas. One is insuring that zoning and other regulations concerning land use are not employed to hinder the residential choices of these individuals, including unnecessarily restricting communal, or congregate, residential arrangements, such as group homes.

The second area is insuring that newly constructed multifamily housing is built in accordance with the Fair Housing Act's accessibility requirements so that it is accessible to and usable by people with disabilities, and, in particular, those who use wheelchairs.

There are other federal statutes that prohibit discrimination against individuals with disabilities, including the Americans with Disabilities Act, which is enforced by the Disability Rights Section of the Civil Rights Division.