March 2002 Newsletter
The month
of April has been designated as Fair Housing Month.
The Fair Housing Act has been federal law for over 30 years.
Amendments have also taken place over the years to add additional
protected classes. This law is
a cornerstone of the effort to eliminate discrimination.
NDFHC
HOSTS WORKSHOPS ACROSS NORTH DAKOTA
The North Dakota Fair Housing Council
will be hosting a number of workshops across North Dakota during the month
of April to celebrate Fair Housing Month.
Workshops will be held from 1-4:30 PM on the following days and
locations:
· April 3, Fargo Holiday Inn, Fargo, ND
· April 4, C’mon Inn, Grand Forks, ND
· April 11, Valley City Public Library,
Valley City, ND
· April 16, Gate City Federal Savings
& Loan, Dickinson, ND
· April 17, Bismarck Public Library,
Bismarck, ND
Please RSVP in advance to the NDFHC
office to ensure sufficient seating and handouts.
Courtesy of Montana Fair Housing Newsletter, November, 2001:
These
days questions about reasonable accommodation and/or modification requests
most often revolve around service animals.
To understand requests for these accommodations there are a couple
of basic concepts a provider needs to know generally about requests for
accommodations and/or modifications.
1) Can a
housing provider inquire as to the nature, severity, or treatment of the
disability? ANSWER: No.
A housing provider has a right to verification of the disability as
defined by federal and state law, and verification of the need for the
accommodation and/or modification.
2) Can a
housing provider request the verification come only from a medical
professional? ANSWER: A
provider has a right to verification of a disability by a qualified
professional who would have knowledge of the disability and the need for
an accommodation and/or modification.
The “qualified professional” does not have to be a doctor or
other licensed medical provider. Verification
may be provided by, for example, a voc-rehab counselor, nurse
practitioner, or case manager if such individual has expertise relating to
the request or has access to records verifying the disability and
treatment needs.
3) Does
the housing provider have to offer the accommodation exactly as requested?
ANSWER: No. A provider
can offer an alternative accommodation that would still meet the need of
the tenant, but not provide an undue burden to the provider.
4) Can
only a tenant request an accommodation or modification?
ANSWER: No. Federal and
state fair housing laws offer protections for visitors of tenants and
family members. If a request
for an accommodation or modification is received by the guest of a tenant,
the provider needs to treat the request as he/she would if the request
were coming from a tenant.
5) Does
an individual with a disability need to use the terms associated with fair
housing laws such as accommodation, modification, or service animal?
ANSWER: No. If a
housing provider is notified by a consumer that he/she has a disability and needs a physical
change to a unit and/or common
area or needs a change to a policy, practice, service or rule, the
provider has an affirmative duty to share with the consumer the
provider’s policy for requesting an accommodation or modification.
And what about service animals specifically?
1) What is the difference between a service animal, companion animal or comfort animal? ANSWER: For purposes of federal and state Fair Housing Laws, essentially none. Companion animals or comfort animals become service animals when a medical provider verifies that a person has a disability as defined by fair housing law and needs the animal for treatment and/or to live in the community as
ably as
someone without a disability.
2) Does
the service animal have to be a trained service animal?
ANSWER: No.
3) Can a
housing provider ask that the service animal be spayed, neutered, or have
its vaccinations? ANSWER: A
housing provider can ask that the animal have vaccines or licenses as
required by local laws. The
provider cannot ask that the animal be spayed or neutered.
4) If a
housing provider has a no pets policy does he/she have to allow a service
animal? ANSWER: Yes.
A service animal should be viewed as an assistive device, much like
a wheelchair.
5) Can a
provider charge a deposit for a service animal?
ANSWER: No, not even if the provider charges tenants with pets an
additional deposit.
6) Should
a provider have a request for an accommodation specific to service
animals? ANSWER: The policy of
having a separate request form for service animals immediately
demonstrates differential treatment, a practice that is illegal under the
federal and state fair housing acts.
7) Can a
housing provider place limits on the size of a service animal or breed of
service animal? ANSWER: If a
consumer does not have the service animal already, the provider has more
latitude on this issue, though needs to be open to discussion if the
consumer has identified a specific service animal.
If the consumer has the service animal, a housing provider cannot
refuse the acceptance of that service animal.
8) Can a
housing provider have rules regarding the service animal?
ANSWER: Yes. A housing
provider has the right to request that the animal be leashed when in
public or common areas. The
housing provider can ask that all feces be cleaned up and disposed of
properly. The housing provider
does not have to allow the animal to disturb other tenants, destroy
property, or pose a threat to others.
How
individuals cope with their disability is different from person to person.
Symptoms of a disability can be different from person to person.
Some disabilities happen suddenly, others worsen over time.
Some disabilities are temporary and some are permanent.
Housing providers need to address every request for an
accommodation, or modification, individually.
"EMBRACING
A MORE DIVERSE NORTH DAKOTA" CONFERENCE
Courtesy of the North Dakota Department of Labor Web Site:
At the request of Governor John Hoeven,
the Human Rights Division of the Department of Labor hosted the event to
create a public forum for discussion of human rights topics and the value
of diversity to North Dakota. Governor
Hoeven and Father William Sherman were featured speakers at the
conference. The day's agenda
included roundtable discussions concerning what citizens need to know
about human rights and what each of us can do to make North Dakota
diversity friendly. Breakout
sessions were also held to discuss specific issues and strategies for
addressing those issues.
Students
from the University of Mary Harold Schafer Emerging Leaders program and
twenty-four other organizations and agencies participated as
"Conference Partners", helping to plan, organize, publicize, and
carry out the day's activities. The conference was also supported by
generous contributions of goods or services from the Bismarck Tribune,
Fireside Office Products, Inc., Newman Outdoor Advertising, the North
Dakota Newspaper Association, Woodmansee's Office Supply and Furniture,
Quality Printing Service, and the Otto Bremer Foundation.
The NDFHC
has a number of publications available free-of-charge.
Contact the NDFHC at 221-2530 or toll free 1-888-265-0907 with any
requests.