March 1999 Newsletter
The North Dakota legislature introduced three bills this session which would have an effect on fair housing issues: HB 1043, SB 2413 and HB 1469. Below is an explanation and status of these key pieces of legislation:
- HB 1043: Passage of this bill could create a substantially equivalent fair housing law in the State of North Dakota. The benefit of having such a law to North Dakota is that a state agency or department would then be eligible to receive federal funds to mediate, conciliate and enforce housing discrimination complaints. These funds are only available to designated state agencies. Organizations such as the North Dakota Fair Housing Council are non-profit organizations with no enforcement capability. The role of the NDFHC would not change with this legislation. An agency which could provide mediation services with enforcement capability is sorely needed. Currently, all complaints based upon federal issues must be filed with either HUD’s Denver Office or in court. Due to staff cut-backs, HUD is extremely backlogged and complaints may take two-three years for decisions. Due to budget limitations, HUD cannot justify flying investigators from Colorado to conduct in-person interviews. As a result, most investigations take place over the phone. The court process, which is the alternative to filing with HUD, typically takes one year but involves hiring an attorney which can be costly to both complainants and respondents. Individuals who file complaints based upon state issues, such as marital status, public assistance or age, have only the option of filing in court. They cannot file with HUD, which is a free process. HB 1043 gives authority to an in-state agency (Dept of Labor) which would hopefully have a much speedier process because it would be located here in North Dakota versus in Colorado. In addition, a more effective and less costly investigation process should also be possible. This bill passed the House with a vote of 87-10. It now goes to the Senate. One significant change in the passed bill was an amendment to eliminate protection in housing based upon receiving public assistance. This amendment primarily affects the disabled community and single parents with children.
- SB 2413: Passage of this bill would create a Human Rights Commission capable of enforcing complaints of housing discrimination, as well as other forms of discrimination. This bill was passed by the Senate with a 32-15 vote. It now goes to the House.
- HB 1469: This bill is a duplicate of SB 2413. This bill was voted down by a House vote of 49-46.
Should anyone have any additional questions regarding the above legislation, please contact the NDFHC.
Housing Discrimination Complaints
For the 1998 calendar year, the NDFHC received or registered a total of 332 complaints of alleged housing discrimination. A break-out of these allegations are as follows*:
Advertising 130
Disability 56
Familial Status 37
Source of Income 26
Marital Status 25
National Origin 21
Age 18
Gender 14
Race/Religion 5
*Some complaints may fall in more than one category.
In December, 1998, HUD released a statement of policy of the factors it will use when evaluating a housing provider’s occupancy policies to determine whether discriminatory conduct is occurring against families with children. This is a policy, not a rule or law.
HUD has recommended a guideline of two persons per bedroom as a safe policy for providers. For policies which are more restrictive, HUD will take into account such factors as the size of the bedrooms and dwelling unit, capacity of sewer, septic and other building systems, and any city or state occupancy requirements governing the property to determine if discrimination against families with children is occurring.
If a dwelling is governed by State or local government occupancy requirements, and the housing provider’s occupancy policies reflect those requirements, HUD would consider the governmental requirements as a special circumstance tending to indicate that the housing provider’s occupancy policies are reasonable.
An occupancy policy which limits the number of children per unit is less likely to be reasonable than one which limits the number of people per unit. In addition, any discriminatory statements or rules against children or families, as well as other steps to discourage families with children from living in the housing will be reviewed. Contact the NDFHC for more information.
Montana Conference A Housing Conference for Montana, North Dakota and South Dakota housing providers will be held April 26-28, 1999 in Billings, MT.
Workshops will focus on state landlord/tenant laws, fair housing laws, occupancy standards, sexual harassment, lending and insurance, reasonable accommodations and modifications, and litigation of fair housing cases. For more information, contact: 1-800-929-2611.
Fact Sheets Available The North Dakota Fair Housing Council has begun a series of fact sheets which address questions and concerns which most often arise in fair housing workshops and presentations. To date, the NDFHC has published the following:
- Successful Fair Housing Business Standards and Practices for Housing Providers. Fact Sheet specifically addressing recommended fair housing policies for owners of rental housing.
- Reasonable Accommodations and Modifications. Fact Sheet available to both providers and users of the service. Explains the differences between reasonable accommodations and modifications. Identifies what a housing provider needs in order to determine if the request is reasonable. Also provides a sample letter for individuals who need to make a request.
- Service Animals. This Fact Sheet is still in draft form but will be available shortly.
Fair Housing Activities
The North Dakota Fair Housing Council was invited by several organizations to discuss issues relating to Fair Housing this quarter. These groups include:
- Fargo-Moorhead Apartment Association
- Testimony before the House Judiciary Committee
- North Dakota Housing Finance Agency Annual Conference
- Mandan Police Department Landlord Training Program
- Human Rights Town Hall Meeting sponsored by the Dismantling Racism Taskforce
- Testimony before the House Appropriations Committee
- Department of Social Services