October 2000 Newsletter
The North Dakota Fair Housing Council (NDFHC) has been notified that it
has received a two-year Private Enforcement Initiative grant through the
U.S. Department of Housing & Urban Development’s Fair Housing
Initiatives Program.
The NDFHC was one of 57 organizations chosen out of 197 applications.
The grant will be used to educate housing providers and North
Dakota residents on the provisions of the Federal Fair Housing Act, as
well as investigate complaints of housing discrimination in the State of
North Dakota.
ADDITIONAL
PUBLICATIONS AVAILABLE
The North Dakota Fair Housing Council (NDFHC) has two new Fact Sheets
Available in its Fact Sheet Series: Disability
Related Issues and Applications/Leases/Rules for Rental Occupancy.
The NDFHC also has available Disability Verification forms for Reasonable
Accommodation/Modification requests.
All these publications are available free of charge by contacting
the NDFHC.
NDFHC
AMONG HUD’S BEST OF 2000
The North Dakota Fair Housing Council was awarded a 2000 Best Practices
Award from the U.S. Department of Housing & Urban Development (HUD) in
August. The NDFHC was one of 120 “Simply the Best” award winners
selected by HUD from across the U.S.
HUD annually nominates exemplary professional practices of housing and
community development practitioners across the country for its Best
Practices Award. Best Practices Award recipients must show innovation in
problem solving and the ability to have the program replicated in other
areas. The NDFHC is very
honored to have received this award.
SUIT
FILED AGAINST MINOT LANDLORD CHARGING DISCRIMINATION
The North Dakota Fair Housing Council (NDFHC) and a Minot family filed a
federal lawsuit on April 26, 2000 against Sera Linke, a Minot mobile home
park owner, charging discriminatory housing practices against families
with children.
Amy Schauer Nelson, Executive Director of the NDFHC stated, “Ms. Linke
has repeatedly violated the rights of families with children to the extent
that they cannot peacefully enjoy their homes.”
In 1998, the NDFHC received a complaint of discrimination based upon
familial status against Ms. Linke. On
the basis of the complaint and complaints the NDFHC had received
previously, the NDFHC conducted an investigation of Ms. Linke’s business
operations. Ms. Linke owns
the 266 unit Holiday Village Mobile Home Park in Minot.
The investigation by the NDFHC confirmed the basis for the complaints.
As a result, complaints were filed in 1999 with the U.S. Department
of Housing & Urban Development (HUD) alleging housing discrimination
based upon familial status. HUD
conducted its own investigation and issued a charge of discrimination
against Ms. Linke on January 4, 2000.
On January 27, 2000, Ms. Linke filed a notice of election,
demanding that this matter be adjudicated in the district court.
Pursuant to that notice, the U.S. Attorney’s Office filed an
action in case A4-00-017 in U.S. District Court.
The NDFHC intervened and filed its own complaint on behalf of the
NDFHC and the Minot family on April 26, 2000.
The complaint charges that Ms. Linke denied or refused to negotiate
rental housing to families with children, discriminates against families
with children in the terms or conditions of housing, makes statements with
respect to the rental of housing which indicate a preference based upon
familial status, and interferes with the exercise or enjoyment of rights
of families with children under the Federal Fair Housing Act.
The federal law that governs housing discrimination is the Fair Housing
Act (FHA), which was passed by Congress in 1968 and amended in 1988.
The FHA forbids discrimination in the sale, rental or financing of
housing on the basis of race, color, religion, national origin, gender,
familial status (presence of children), or disability.
The North Dakota Century Code on Human Rights forbids similar kinds
of discrimination and also gives further protection to individuals on the
basis of age, receipt of public assistance, and status with respect to
marriage.
The North Dakota Fair Housing Council is a North Dakota non-profit
organization located in Bismarck. The
NDFHC’s mission is to provide support, encouragement, and assistance to
those seeking equal access to housing in the state of North Dakota.
The NDFHC also investigates complaints of housing discrimination.
The NDFHC and the individual plaintiffs are represented in the lawsuit by
Christopher Brancart, a lawyer from Pescadero, California who specializes
in fair housing litigation.
NORTH
DAKOTA DEPT. OF LABOR SUBSTANTIALLY EQUIVALENT
The North Dakota Department of Labor was recently notified by HUD that it
has achieved substantial equivalency with the Federal Fair Housing Law.
Substantial equivalency means that HUD will now contract with the North
Dakota Department of Labor to investigate complaints of housing
discrimination which have been filed under federal law.
Labor will also enforce any violations.
The role of the North Dakota Fair Housing Council (NDFHC) remains the
same. The NDFHC will continue
to assist victims of housing discrimination in complaint filing and
evidence gathering. We will
also continue to provide educational programs and publications to educate
the public on housing discrimination. The only change in the process is that a local state agency
(Labor) will now be responsible for enforcing the Federal Fair Housing Act
versus a federal agency (HUD) in Denver.
In addition, due to a change in state law, Labor may also enforce
complaints filed alleging discrimination based upon age and status with
respect to marriage in housing.
The NDFHC looks forward to working with the North Dakota Department of
Labor in eliminating housing discrimination in North Dakota.
Approximately two years ago, the Mandan Police Department instituted a
Landlord Training Program. In
return for landlords attending a seminar, landlords are able to receive
free criminal background checks through the Mandan Police Department.
The North Dakota Fair Housing Council has received a number of phone
calls regarding this program alleging that the program is discriminatory.
Under federal and/or state fair housing laws, it is unlawful to
discriminate in the rental, lending or financing of housing based upon
race, color, religion, gender, national origin, familial status,
disability, age, and status with respect to marriage or receipt of public
assistance. Currently, under
these fair housing laws, protection is not extended to individuals who
have criminal records. As a
result, it is not unlawful to deny housing under fair housing laws due to
a person’s criminal history.
However, discrimination may occur should a housing provider “pick and
choose” whom criminal background checks are performed on.
If it was shown that criminal background checks were only being
performed on certain protected classes as defined under fair housing laws,
that housing provider could be guilty of discrimination.
The North Dakota Fair Housing Council’s recommendation to housing
providers has been that if housing providers implement the program of
screening prospective tenants for criminal records, then criminal
background checks must be performed on all prospective tenants as part of
the tenant screening process with no exceptions.
Similar programs are in operation in Dickinson, Fargo and West Fargo.
Recently, an article published in the Fargo Forum indicated that Paula Strom-Sell was an employee of the North Dakota Fair Housing Council (NDFHC). This statement is incorrect. Ms. Strom-Sell is not an employee of the NDFHC nor is Ms. Strom-Sell affiliated with the North Dakota Fair Housing Council in any capacity.