"50 years" of the Fair Housing Act
Summary Black History Month
Celebrating "Black History" Month which is American history advancing equality for everyone especially (all) under the protected class! Today, based on statistics inequality, discrimination and biases against blacks in America still exist especially during slavery, post-slavery, and the civil rights era. Carter Godwin Woodson was an African-American historian and the founder of the Association for the Study of African-American Life and History. .. In February 1926 he launched the celebration of "Negro History Week", the precursor of Black History Month. Woodson chose this month because of Frederick Douglass (February 14) and Abraham Lincoln (February 12). Since 1976, every U.S. President has officially designated the month of February as Black History Month. The truth is that Black History is 365 days a year however the government acknowledges only one month to celebrate the contributions of black people who built this country by "free forced labor" without any reparations.
Summary History of the Fair Housing Act 1968-2018
CIVIL RIGHTS ACT OF 1866 Passed by Congress over the veto of President Andrew Johnson on April 9. The Civil Rights Act of 1866 states that all persons born in the United States are citizens regardless of their race, color, or previous condition of slavery and as citizens can make and enforce contracts, sue and be sued, give evidence in court, and inherit, purchase, lease, sell, hold, and convey real estate and personal property. While this act was never enforced on the local, state or national level a second act.
The Fair Housing Act of 1968 prohibited discrimination concerning the sale, rental, and financing of housing based on race, religion, national origin, or sex. Intended as a follow-up to the Civil Rights Act of 1964, the bill was the subject of a contentious debate in the Senate but was passed quickly by the House of Representatives in the days after the assassination of civil rights leader Martin Luther King Jr.
Despite the Supreme Court decisions such as Shelley v. Kraemer (1948) and Jones v. Mayer Co. (1968), which outlawed the exclusion of African Americans or other minorities from certain sections of cities, race-based housing patterns were still in force by the late 1960s. Those who challenged them often met with resistance, hostility, and even violence.
In 1988, Congress passed the Fair Housing Amendments Act, which expanded the law to prohibit discrimination in housing based on disability or family status (pregnant women or the presence of children under 18).
According to a Housing Urban Development (HUD) press release announcing the new harassment rule on September 14, 2016, "Harassment in housing threatens a resident’s safety and privacy in her own home. In HUD’s experience enforcing the Fair Housing Act, low-income women—often racial and ethnic minorities and persons with disabilities—may be particularly vulnerable to sexual harassment in housing".
On October 21, 2015, 24 CFR Part 100 HUD proposed a rule that would be formalized and define harassment under the Fair Housing Act. The rule would impose clear responsibility on the housing provider for any acts of harassment. In reaction to the proposed rule, many providers of housing—public, private, subsidized, affordable, or market rate. Quid Pro Quo and Hostile Environment Harassment and Liability for Discriminatory Housing Practices Under the Fair Housing Act; A Proposed Rule by the Housing and Urban Development Department on 10/21/2015. Federal Register Oct 21, 2015, https://federalregister.gov/a/2015-26587
Quid Pro Quo: Occurs when a person is subjected to an unwelcome request or demand because of their protected characteristic and going along with the request or demand is either explicitly or implicitly made a condition related to the person’s housing. The proposed rule states claims of quid pro quo harassment are most typically associated with sex but may be established on the basis of protected characteristics other than sex.
Hostile environment: Is a type of harassment that would be defined to occur when, because of a protected characteristic, a person is subjected to unwelcome conduct so severe or pervasive that it interferes with or deprives the victim of her or his right to use and enjoy the housing. Whether a hostile environment has been created requires an assessment of the “totality of the circumstances,” which would include, but is not limited to, the nature of the conduct; the context in which the conduct took place; the severity, scope, frequency, duration, and location of the incident(s); and the relationship of the persons involved. Assessing the context would involve considering factors such as whether the harassment was in or around the home; whether the harassment was accomplished by use of special privilege by the perpetrator, such as gaining entry to a home through the landlord-tenant relationship; whether a threat was involved; and whether the conduct was likely to or did cause anxiety, fear, or hardship.
States that include the Fair Housing Act as a source of income discrimination 1) Connecticut 2) District of Columbia 3) Minnesota 4) New Jersey 5) New York 6) Oregon 7) Pennsylvania 8) Vermont 9) Wisconsin 10) North Dakota 11) Massachusetts 12) California. March 20, 2017, The Maryland House of Delegates passed a bill Monday night that would prevent landlords from refusing to lease a home to a person merely because they have a government voucher to help pay their rent. Why not add a source of income to Fair Housing Act discrimination. However, Montgomery County, MD lawmakers legislate the source of income is Fair Housing Act discrimination, however, it's "unenforceable", and just looks good on paper?
The Fair Housing Act is supposed to be "political-free" and not oppressive because complainants are from the protected class. Everyone has a right to speak on their quality of life without threats, intimidation, and fear. I find it disturbing that every politician and/or government want to celebrate, write a paper about the poor (but never spent 24 hours as a poor person to seek substantial references) and speak about Martin Luther King, Jr. as if they have the amount of integrity and love for "all" people. Martin Luther King, Jr., advocacy shouldn't be a platform for any politicians who want to use MLK, Jr., and have hidden biases. If the politicians were so true about equality why do the statistics demonstrate inequality by race in Montgomery County, MD? If politicians really want to come close to MLK, Jr., they need to stop the back office malicious "hate" "fabricate" or "oppression" against the disabled community and/or any protected class; and enforce Fair Housing Act laws instead of suppressing them. During the time of the civil rights era, all the civil rights leaders were hated, discredited, and ignored by the government and they used the media to express their civil rights. Today, the government still has these biased characteristics against the protected class. However, during the civil rights era, mass demonstrations were initiated so that the protected class could be a part of mainstream society. After the death of MLK, Jr., the Fair Housing Act was passed, but he never saw the fruit of his labor, the Fair Housing Act.
The Department of Justice ("DOJ") and the Department of Housing and Urban Development ("HUD") are jointly responsible for enforcing the federal Fair Housing Act (the "Act"), which prohibits discrimination in housing on the basis of race, color, religion, sex, national origin, familial status, and disability. The Fair Housing Act which aims to combat discrimination in housing still has its challenges. The Fair Housing Act law isn't enforced especially in local government in Montgomery County, Maryland due to the politics, protecting allies, and self-interest. 1) One type of disability discrimination prohibited by the Act is the refusal to make reasonable accommodations in rules, policies, practices, or services when such accommodations may be necessary to afford a person with a disability the equal opportunity to use and enjoy a dwelling. 2) The Act prohibits housing providers from discriminating against applicants or residents because of their disability or the disability of anyone associated with them and from treating persons with disabilities less favorably than others because of their disability. 3) The Act also prohibits housing providers from refusing residency to persons with disabilities, or placing conditions on their residency, because those persons may require reasonable accommodations. In addition, in certain circumstances, the Act requires that housing providers allow residents to make reasonable structural modifications to units and public/common areas in a dwelling when those modifications may be necessary for a person with a disability to have full enjoyment of a dwelling. The Fair Housing Act isn't executed in Montgomery County, MD.
There are some landlords in Montgomery County, Maryland who discriminate against disabled tenants and don't have disability accessibility to common areas or the office for their disabled residents so they can enjoy the property like a non-disabled person. Some landlord office personnel don't understand the Fair Housing Act and/or the HAP contract and don't comply because of ignorance or just plain "hate" for the disabled community. I read that there is a "War on the disabled", by the Democrats but to a disabled person no matter who is in the "office" or what political party (Democrat or Republican) or who is the majority, the "War on the disabled" has never ended or cease under any administration. Disability laws look good on paper but not executed, if the lawmakers refuse to enforce Fair Housing Act laws due to biases; discrimination against the disabled and/or the protected class will never end or the disabled will become equal in mainstream society.
ADA and reasonable accommodations aren't enforced in Montgomery County, Maryland. The reasonable accommodation requirements of the Fair Housing Act also do not apply to owner-occupied buildings that have four or fewer dwelling units. Any person or entity engaging in prohibited conduct - i.e., refusing to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford a person with a disability an equal opportunity to use and enjoy a dwelling - may be held liable unless they fall within an exception to the Fair Housing Act's coverage.
Now let's talk about security deposits this includes Section 8 residents ( Section 8 tendency agreement); the landlord puts the money in the bank it draws interest, and the landlord is supposed to return the interest to the resident. Montgomery County government, HOC (HAP contract tenancy agreement) agencies, and HOC allow the landlords to return security deposit interest, this is a violation of the HAP contract. Which means someone is getting cutbacks? Pay to play? Where is the security deposit interest going?. For example, if a tenant lives on a property for 6 years that is at least $36 that is supposed to return to the tenant. Now if it's 200 units which means the landlord keeps at least $800 dollars of security deposit interest and if all the properties in Montgomery County, Maryland doing this against the tenants there is at least $500 thousand to 1 million of security deposit interest, Who is getting that interest? How can landlords get away with this especially it's in the HAP contract (Fair Housing principles) and the landlord and tenant law, silence? " However some things must be said, and there are times when silence becomes an accomplish to injustice"...AHA
It's my belief that the Housing Opportunity Commission (HOC) despises the disabled, poor, women of color, at least that is my experience. I have a chronic illness disability and can't move so HOC employees tried to involve Housing Emergency Assistance from assisting me in my move. In addition, the Housing Emergency woman fabricated the amount which I received the full amount and assistance to move. HOC, EEOC officer and the Director of the Housing Opportunity Commission directs the staff to mistreat a disabled person. They don't have a disabled liaison to assist the disabled person. If HOC has one they are controlled by the Director to coerce, bully, and harass the disabled person under the Section 8 voucher program. The Fair Housing Act doesn't say you have to like the person but you have to enforce the laws equally because it's the law. I have proof to back up my statement and I experience it.
Landlords who are human fabricate and contact HOC if they don't like a tenant. This means a landlord can discriminate against the protected class under the HOC program without any validation. Then the HOC Director threatened residents by telling them he would take their vouchers violating their civil rights by suppressing their voice. Without any due process, HOC is trained to listen to these slum landlords who make fabricated statements about Section 8 voucher holders because they are low income, then the HOC will send a letter to the Section 8 voucher holder to be evicted without any due process. HUD is about combating homelessness, however, HOC is about making a person homeless. What happened to the Maryland General Assembly's statement to the press in March 2017, "Landlords don't discriminate against Voucher residents!" They should have included agencies such as HOC in their statement, also. Did HOC miss that press release?
Landlord and Tenant Affairs are not trained to ensure that Section 8 voucher participants are treated equally or fairly. Why would MC lawmakers legislate such a horrific policy to oppress Section 8 voucher holders? First of all, the HAP contract (tenancy agreement) supersedes the lease and it's under Federal law. Read the HAP contract: https://www.hud.gov/sites/documents/52641.PDF The HAP contract which includes Fair Housing Act principles, the landlords and landlord and tenant violates without any accountability by HOC. Maryland Lawmakers state they combat homelessness is questionable by the practices of HOC (Housing Opportunity Commission) when landlords fabricate against Section 8 voucher holders. So it's like slavery keeps the poor folks in line with oppressive local laws. Politics compromise the poor all the time with unethical practices.
The Section 8 voucher holder signs a tenancy agreement with the landlord, HOC, and family, how do landlord-tenant affairs supersede the HAP contract? The landlord and tenant affairs are not trained under the Fair Housing Act. The landlord and tenant affairs favor the landlord even if they are discriminatory, abusive, or bullies and tell the Section 8 voucher to participate to leave the property without any due process or any regard of the federal regulations. If a Section 8 voucher is low-income how can they afford to move around? Therefore, landlord and tenant affairs missed the press release "Landlords don't discriminate against Voucher residents". Therefore, the Fair Housing Act and federal protection violations keep repeating themselves against the "Have and the Have-nots" in Montgomery County, MD.
Landlords send out eviction notices if HOC is late paying their portion of the rent. This caused anxiety and fear to Section 8 voucher residents/vulnerable persons and it's a violation of the HAP contract. So what does HOC do when a landlord violates a HAP contract? Nothing! When you confront the landlords, they will try to intimidate you even if they are wrong. Some landlords will call your house to harass you especially if they know you are vulnerable such as disabled or have an invisible disability. If you tell a landlord that you have an invisible disability( anxiety, PTSD) due to trauma, for example, sexual assault, the landlord uses your disability against you. Landlords continue to discriminate against the disabled community, and support ESA dogs under the Fair Housing Act? How can a landlord violate your constitutional rights in writing a rating? Who is advocating for the vulnerable community to stop these unfair practices?
Landlords are intimidated by residents if they file complaints or speak about their quality of life. They fabricate like any other human so it's fair in Montgomery County, MD that landlords can discriminate against disabled residents by the source of income? HOC is supposed to be allies of the Fair Housing Act however posted on its website about the Fair Housing Act but tried to dis-encouraged Section 8 voucher residents not to file a fair housing complaint, when it is, only to violate Section 8 voucher holders' housing rights.
Fair Housing Act states:
Coercing, threatening, intimidating, or interfering with a person's enjoyment or exercise of housing rights based on discriminatory reasons or retaliating against a person or organization that aids or encourages the exercise their fair housing rights.
Another Fair Housing Act issue, Portable vouchers- copy the link for more information:
https://www.hud.gov/program_offices/public_indian_housing/programs/hcv/portability. HOC programs are withheld from absorbing portable Section 8 voucher residents who migrate to Montgomery County, MD. Some migrate residents have been in Montgomery County, MD for over 8 years and can't participate in any self-sufficiency programs. However, my immigrant friends get their vouchers sometimes less than 6 months and can participate in HOC programs for self-sufficiency. So why those who have migrated to another State and have portable Section 8 vouchers moved to Montgomery County, MD is treated unfairly or un-welcomed without HOC absorbing their voucher? These portable voucher residents can not participate in any self-sufficiency programs to improve their quality of life under HOC. Another issue is why Section 8 voucher holders can't change caseworkers especially if the caseworker doesn't communicate well with the Section 8 voucher holder. They don't like to migrate citizens but love immigrants in Montgomery County, MD?
How can landlord discriminate against disabled persons especially when they expose their invisible disability and use it against the vulnerable resident to become homeless? How can HOC put on their website if "landlords have issues with Section 8 voucher residents" contact them and not be allies to the Section 8 voucher residents they suppose to serve? If it wasn't for Section 8 vouchers they wouldn't be in business or have their positions. How can they ignore that some landlords are "dictators" "abusers" "bullies" and don't specialize or train in Fair Housing Act principles?
The Fair Housing Act is a great law but unenforceable in Montgomery County, MD and the intimidation is great to make a Section 8 voucher, disabled or vulnerable persons to be forced to move by bullying because they exercise their fair housing rights this is what is truly happening in Montgomery County, MD. As we all know Martin L. King, Jr., is in the hierarchy of civil rights and has been called a communist, etc., and the government was his main enemy. Martin Luther King, Jr. wasn't a politician and couldn't compromise his integrity to oppress certain classes of people the government thinks less of. If you are a person who advocates for what is right and lawfully, expect to get bullied don't be surprised and expect the government, lawmakers, agencies etc., to be your ally. Just know you are representing yourself as the voiceless in your community and in the end, you will be appreciated for your advocacy efforts.
"You are ethical uncompromising, principled, full of integrity, and truthful no matter how great the opposition" is against you.
"There are people who groom themselves too aggressively victimized and convert abuse to intimidate people like the vulnerable community only to distort or misrepresent to gain favor".
References:
The Civil War Era and Reconstruction: An Encyclopedia of Social, Political, Cultural and Economic Historyhttps://books.google.com/books?isbn=1317457919Mary Ellen Snodgrass , 2015
Disabled tenants housing rights https://www.nolo.com/legal-encyclopedia/disabled-renters-housing-rights-30121.html
Fair Housing Rights of Tenants with Mental Health Disabilities for Landlords http://www.disabilityrightsca.org/pubs/CM1801.html
HUD Announces Rule Regarding Harassment in Housing & Protections For Domestic Violence Victims http://www.fairhousingnc.org/2016/hud-announces-protections-against-sexual-and-other-harassment-in-housing/
Quid Pro Quo and Hostile Environment Harassment and Liability for Discriminatory Housing Practices Under the Fair Housing Act https://www.federalregister.gov/documents/2016/09/14/2016-21868/quid-pro-quo-and-hostile-environment-harassment-and-liability-for-discriminatory-housing-practices
More women join suit against Baltimore public housing over alleged sexual harassment http://www.baltimoresun.com/news/maryland/baltimore-city/bs-md-ci-gilmor-complaint-20151020-story.html
Kansas Landlord Charged with Sexually Harassing Female Tenants
https://www.fairhousingcoach.com/article/kansas-landlord-charged-sexually-harassing-female-tenants
A guide to disability to Disability Rights Laws https://www.ada.gov/cguide.htm
HUD Announces Rule Regarding Harassment in Housing & Protections For Domestic Violence Victims http://www.fairhousingnc.org/2016/hud-announces-protections-against-sexual-and-other-harassment-in-housing/
Quid Pro Quo and Hostile Environment Harassment and Liability for Discriminatory Housing Practices Under the Fair Housing Act https://www.federalregister.gov/documents/2016/09/14/2016-21868/quid-pro-quo-and-hostile-environment-harassment-and-liability-for-discriminatory-housing-practices
More women join suit against Baltimore public housing over alleged sexual harassment http://www.baltimoresun.com/news/maryland/baltimore-city/bs-md-ci-gilmor-complaint-20151020-story.html
Kansas Landlord Charged with Sexually Harassing Female Tenants
https://www.fairhousingcoach.com/article/kansas-landlord-charged-sexually-harassing-female-tenants
A guide to disability to Disability Rights Laws https://www.ada.gov/cguide.htm
