9 conceptions that most Hispanics are farm w o rkers or that they have large fam ilies which w ill destroy their properties. Another is that the landlord may feel since all Hispanics are farmworkers that housing should be a service provided by the growers. So. we always run into that problem although the Hispanic population covers the population employment that is found in all segments o f this com m unity,” Paper lion* or false teeth Johnnie Bell is director o f the State C ivil Rights D ivi sion. " I f a person feels he has been d is c rim in a te d against because o f race, color or sex. m arital status or personal handicap, they can file a com plaint through our Civil Rights Division. Oftentimes people are evicted and if they feel their eviction is becuase o f those reasons stated earlier they do have a right to file a c om plain t.” Ms. Bell said her o ffice has no jurisdictio n over land lords who refuse small children or pets. " T h e m a jo rity o f com plaints are not w ith a realtor but a private individual selling their h om e." This indivi dual may have some problem s w ith a protected class member moving into the neighborhood. He may steer a protected class member away from buying a home in a certain area. This is a form o f discrim ination. I f a per son feels he has been discriminated against, he can call our o ffic e and talk w ith an intake o ffic er (289-5900). A fte r we get the inform ation we notify the respondent and find out if they are w illing to settle the com plaint before it goes into litigation. I f they are not willing to settle we assign the case over for investigation. This can be a lengthy process. O ur average investigation time is eight months. W e keep trying to settle the case. I f again nothing is worked out we assing the case over to the Jus tice D epa rtm e n t." Ms. Bell says housing discrimination cases are very hard to prove because there must be a w it ness. " Y o u must prove discrimination beyond a reason able d oubt.” The bottom line is to attend the Oregon Fair Housing Conference, Friday. April 22, from 8:30 a.m-5:3O p.m at Red L io n , Jantzen Beach, they all agree. " I f you feel discriminated against, that is enough. W e will be glad to help you place y o u r c o m p la in t. W e w ill review your complaint This will ensure your right to housing is pro tected.” Oregon to hold first state conference on fair housing Housing discrimination has not gone away Despite legislation, regulations, and court verdicts, housing discrim ination is alive and well in manv places in Portland. Where it lives, you may not be alio vied in. C ras s ro o t New s, N . I F — F ro m o ul o f the narrow minds o f the 1950s, the mass hysteria o f the M cC arthy era to the present strength o f the white backlash and the new right, housing discrimination is making a comeback and the statistics prove that it never went away. Louis Osborne, Director for Fair Housing and Equal O pportunity for the U .S Departm ent o f Housing and U rb a n D evelop m ent, says the biggest hurdle to o ve r come is accepting the fact that housing discrimination still exists in the 1980s " T h e re is still the problem in achieving equal o p p o rtu n ity and fa ir housing fo r all Americans W e have a problem with subtle forms of dis crim ination and there is a problem with m inority A m er icans knowing what their rights are. W e have made e f forts to involve the housing industry by instituting a vol u n ta ry p ro g ram w here we c ou ld try to m itig a te the forms o f discrimination that are out there in the m arket place. W e feel we have met w ith some success w ith the N a tio n al Association o f Realtors. How ever, the prob lem we are facing is in the rental areas so we are trying to highlight to the com m unity that there are ways and methods which can be utilized to obtain relief if they feel they have been discriminated against " T o bring this point home H U D , along w ith several o th e r o rg a n iz a tio n s , is sponsoring an O re g o n F a ir Housing Conference, F riday. A p ril 22, fro m 8:30-5:30 at the Red Lion, Jantzen Beach ' "H ousing discrimination is against the state and fed eral la w ,” Osborne continues. " W e want to inform the community o f their rights and the remedies involved in a housing discrimination case. The conference is designed to discuss the state and federal fair housing laws, what those laws mean and how to utilize the law. W e will go through the complaint process, so an individual who has been discriminated against will know how to proceed." W hy does a realtor or homeowner who is selling his home discriminate against another human being? “ The answer to that question is not all cut and dried, nor is the answer black or white. This country is made up o f a multitude o f ethnic and cultural grups. They came over to America in large numbers and were assigned areas in which to live. There was a closeness in cultural a c tiv i ties. This has permeated throughout our society. W ith m inorities, you did not have that cultural identity be cause slavery too k that aw ay. T h e re is a reluctance among many o f the m ajority cultural groups to accept other ethnic minorities into their communities because they still have those close c u ltu ra l ties. Y o u used to think thai it was economic in nature but this is no longer thought to be true.” The example that Osborne gives is one fro m his own personal experience. " I had a home built in Southeast and my fa m ily and I stayed w ith my fath er u n til my home was finished. Throughout this time 1 assumed 1 w ou ld have no p ro blem getting p erm anent finances since both my wife and 1 were working. Also I had quite a bit o f money to put into the transaction on my own. One day I called up a mortgage banker and Tilled out the loan app lication over the phone. Everything was fine. The banker told me to come down and sign the papers: that it would not be a problem. W ell, when I got down there I found out that there was a problem and it was the color o f my skin. It's d ifficu lt to understand; over the phone it was ail right But the minute I walked into the bank their mortgage procedures changed. It is d iffi cult to prove but I felt it was discrim inatory.” W hat M r. Osborne experienced is just one of the ways the housing institution discriminates. "A n o th e r tactic is the 'run -arou nd .' This means making it impossible to fill out form s, saying the unit is rented when it is not, and giving people the impression that they will check up on you. Sometims people do not wish their privacy to be disturbed, although the landlord has the right to adm in ister credit checks. But it is the general paper passing that gives the landlord more time to find someone else to occupy the home. W ith someone else they can come into the unit and rent it out w ith no problems but with the m in o rity person the p ap e rw o rk is a lot m ore de tailed.” Bad la good and good Is bad A n interesting phenomenon has emerged out o f the housing institutions o f the 1980s. There appears to be an inverse relationship between poor housing starts and a decline in housing discrimination complaints. This means when times are good the housing industry will discriminate when it wants to. But with the industry suffering economically they do not have the economic flex ib ility to discrim inate. M a rie P a rra , an Equal O p p ortunity specialist fo r H U D , explains: "These times provide an excellent o p p o rtu n ity fo r those w ho have been u n c o m fo rta b le ren tin g to m in o ritie s to rent to them now . I f someone wants to buy o r rent they are anxious to rent or sell. T he bad time fo r equal o p p o r tunity is when times are good. It is unfortunate that it £ works itself out like that but that is how things are.” M s. P a rra says the d iscrim ination encountered by Hispanics is basically the same but for different reasons. “ In Oregon there are a lot o f Hispanics in the m etropol itan areas but there are also a lot in the rural areas. A lot o f the discrimination is triggered by the landlords' mis A p ril, national fair-housing m onth, draws delegates to O regon's first statewide conference on that subject A p ril 22. Scheduled fro m 8:30 a .m .-5:30 p.m . at the Jantzen Beach Red Lion Inn, the conference is co-sponsored by the P o rtla n d C o m m u n ity H o u s in g Resource B o ard (P C H R B ), Oregon Departm ent o f Housing and Urban Development, Oregon Association o f Realtors, Oregon C ivil Rights Division and Portland Public Schools. Keynote speakers are O regon Labor Comm issioner M ary W endy Roberts and H .J . Belton H a m ilto n , ad ministrative law judge for the Social Security Adm inis tration. Douglas Felderm an, P C H R B program coordinator, said the conference goals are to foster greater und er standing o f and p articip atio n in voluntary a ffirm a tiv e action in housing. "W h ile state and federal laws prohibit discrimination in housing on the basis o f race, color, national origin, sex. m arital status and physical or mental handicap, we are hopeful that the conference w ill not only reinforce compliance with the letter o f the law but also further the spirit o f the fair-housing law ,” Felderman said. F air housing includes equal access to accurate and truthful inform ation about all available housing and the equal opportunity to examine, finance, rent or buy any available housing, he said. Felderman said the conference w ill recognize current and encourage greater participation in the Oregon Asso ciation o f Realtors' voluntary affirm ative marketing e f forts in housing. " I t is our belief that the real estate industry, working in voluntary cooperation with government and citizens groups, is the most effective way to achieve fair housing for a ll," Felderman said. Felderm an said the conference sponsors especially were pleased to have Roberts and H am ilton as keynote speakers. "Judge H am ilton was instrumental in drafting O re gon's fair-housing laws and Commissioner Roberts is responsible for ensuring that those laws are abided by. both speakers bring a history and understanding o f the issue that would be hard to match,” Felderman said. In addition the conference w ill feature panel discus sions and workshops conducted by experts from govern ment, industry and non-profit organizations. A n aw ards cerem ony also w ill be held d u rin g the noon luncheon fo r the 1983-84 F air H o using Poster Contest for middle schools sponsored by P C H R B and Portland Public Schools. Live where you want to live A pril is Fair Housing M onth. The follow in g is an explanation o f the two major Federal laws dealing with d is c rim in a tio n in housing in the United States. Racial discrim ination ia illegal in all I I . S. housing The Civil Rights Act o f 1866 pro vides that: “ A ll citizens o f the U n it ed States shall have the same right, in every State and T e rrito ry , as is enjoyed by white citizens thero f to inherit, purchase, lease, sell, hold, and convey real and personal prop erty.” In the case o f Jones v. Mayer, de cided on June 17, 1968, the U .S . Supreme C o urt held that the 1866 law prohibits " a ll racial discrimina tion. private as well as public, in the sale or rental o f property.” ' 1968 Fair Housing Law. as am sndad. by ths Housing and Com m unity Davalopm ant A ct of 1974 In T itle V I I I o f the C iv il Rights Act o f 1968 (the Fair Housing Law ), Congress declared a national policy o f providing fair housing through out the U n ite d States. T h is law makes discrimination based on race, color, religion, sex. or national o ri gin illegal in connection w ith the sale or rental o f most housing and any vacant land offered for residen tial construction or use. Acts prohibited by the Fair Housing Law The F air Housing Law provides p ro te c tio n against the fo llo w in g acts, if they are based on race, col or, religion, sex, or national origin: Refusing to sell or rent to, deal or negotiate with any person; discrim inating in terms or conditions for buying or renting housing; discrim inating by advertising that housing is available only to persons o f a cer tain race, color, religion, sex. or na tional origin; denying that housing is available fo r inspection, sale or rent when it re a lly is a v a ila b le ; " b lo c k b u s tin g " — fo r p r o fit, p e r suading owners to sell or rent hous ing by tellin g them th a t m in o rity groups are moving into the neigh borhood; denying or making d iffe r ent term s or c o n d itio n s fo r home loans by com m ercial lenders, such as banks, savings and loan associa tions and insurance com panies; denying to anyone the use o f or par ticipation in any real estate services, such as brokers' organizations, m ul tiple listing services or other fac ili ties related to the selling or renting o f housing. Housing covsrsd by ths 1988 Fair Housing Law Prohibitions contained in the Fair Housing Law apply to the following types o f housing: Single-Fam ily housing owned by private individuals when: a broker or other person in the business o f selling or renting dwellings is used a n d /o r; discrim inatory advertising is used; Single-Fam ily houses not owned by private individuals; Single-Family houses ow ned by a private ind ividu al who owns more than three such houses or w ho. in any two-year period, sells more than one in which the individual was not the most recent resident; M u ltifa m ily dwellings o f five or more units; M u ltifa m ily dwellings containing fo u r or few er u n its , i f the ow ner does not reside in one o f the units. A ct not prohibitad by ths 1988 Fair Housing Law The fo llo w in g acts are not cov ered by the Fair Housing Law. It is im p o rtan t to rem em ber, however, that these acts are covered by the 1966 C iv il Rights A ct when discrim ination based on race occurs in con nection with such octs The sale or rental or single-family houses owned by a private individu al o f three o r few er such single fa m ily houses if: a b ro ke r is not used; discrim inatory advertising is not used, a n d . no m ore than one house in which the owner was not the most recent resident is sold d u r ing any two-year period Rentals o f room s o r units in owner-occupied m ulndwellings for tw o to fou r fam ilies, i f d iscrim in atory advertising is not used. Lim iting the sale, rental, or occu pancy o f dwellings which a religious org an izatio n owns or operates for other than a commercial purpose to persons o f the same re lig io n , i f mem bership in that religion is not restricted on account o f race, color or national origin. L im iting to its own members the re n ta l o r occupancy o f lodgings which a private club owns or o per ates fo r o th er than a c o m m ercial purpose H o w ths Fair Housing Law la snforcad D is c rim in a to ry acts covered by the Fair Housing Law can be report ed to: Fair Housing, c /o the nearest H U D Regional O ffice T h e c o m p la in an t m ay state a com plaint in a letter or use a com p la in t fo rm . T he c o m p la in t fo rm may be obtained fro m the nearest H U D O ffice. Complaints should be notarized, if possible, and must be sent to H U D within 190 days o f the alleged discriminatory act. I f the d is c rim in a to ry act is covered by the la w , H U D w ill investigate the c o m p la in t. I f the Secretary decides to resolve the c o m p la in t. H U D may attem p t in form al. confidential conciliation to end the d is c rim in a to ry housing practice; o r, in fo rm the co m p lain ant o f his or her right to seek imme d ia te court actio n . In a p p ro p ria te cases. H U D may refer the complaint to the Attorney General. The complaint may be referred by H U D to a Slate or local agency that adm inisters a law w ith rights and rem edies w hich are s u b s ta n tia lly equ ivalen t to those o f the Federal law I f the Stale or local agency does ' not commence proceedings w ith in 30 days and ca rry them fo rw a rd with reasonable promptness. H U D may require the case to be returned In any case, the complainant «rill be notified o f the type o f action to be taken. U p o n receipt o f a c o m p la in t, H U D will furnish a copy to the per son charged with the discriminatory act. T he person charged may then file an answer in w ritin g , w hich should also be notarized. Court action by an individual A person may take a com plain t directly to the U .S . District Court or State or local court under Section 812, w ithin 180 days o f the alleged discriminatory act, whether or not a complaint has been filed with H U D . In a p p ro p ria te cases, an atto rn ey may be appointed for the complain ant and the payment o f fees, costs, or security can be waived. I f H U D o r the State or local agency is unable to obtain voluntary com pliance, the com plainant may file suit in the appropriate U .S . Dis trict Court. The court can grant permanent or tem porary injunctions, tem porary restraining orders or other a p p ro p ria te re lie f. It may aw ard actual damages and not more than S I.000 in punitive damages The courts are also directed to expedite cases under Section 812 and assign them fo r hearing at the earliest practical date. C o u rt a c tio n by ths attom ay ganaral In fo rm a tio n about possible dis crim ination in housing may also be brought to the attention o f the A t torney General. I f the resulting in vestigation indicates that there is a pattern or practice o f resistance to fu ll enjo ym en t o f rights g ranted under T itle V I I I , or that a group o f persons has been denied such rights and the denial raises an issue of gen eral public im portance, the A t to r ney General may bring court action to ensure fu ll e n jo y m e n t o f the rights granted by Title V I I . How tha 1888 Civil Rights Law is snforcad T he 1866 C iv il Rights Law p ro vides a quick, direct method o f ob taining a remedy against racial dis c rim in a tio n in housing: the c o m plainant may take the case directly to a Federal court. The court could stop the sale or re n ta l o f the desired housing to someone else. It could make it pos sible for the com plainant to buy or rent the desired housing. It could aw ard damages and court costs or la k e other a p p ro p ria te a c tio n o f benefit to the complainant