rage 6 Portland Observer SEPTEMBER 21,1989
NEW STATE
AND FEDERAL
LAWS COMBAT
HOUSING DIS­
CRIMINATION
*
« • • I .
.W
1
'V
t
.
S 3
M ichael H. Marcus, Portland
Community Housing Resources Board
New federal and state laws have added
important new protections against
discrimination in the rental and sales
o f housing. The new federal law, the
fair Housing Amendments Act o f
1988, became effective March 12,
1989. The new state law, 1989 House
B ill 3388, becomes effective on
October 3,1989. Both reflect an under­
standing that in spite twenty years o f
fair housing laws, housing discrim i­
nation continues to be pervasive.
Congress and the Oregon Legisla­
ture have responded with laws which
expand the protections against hous­
ing discrimination, while giving
people who have been the victims o f
unlawful discrimination effective
weapons to obtain redress.
The new federal law adds protec­
tions to the C iv il Rights Act of
l968.Since 1968, the C iv il Rights
Act has prohibited discrimination in
housing based on “ race, color, reli­
gion, sex or national origin.” The
1988 federal amendments add pro­
tections fo r discrimination against
“ familial status” (families with chil-
dren) and “ handicap” . Although state
law already prohibited discrimina-
tion on the basis o f handicap, the
federal amendments, and Oregon
House B ill 3388, greatly expand the
protections for people with handi-
caps. The most significant change in
Oregon is the new protection for
families with children.
A ll forms o f discrimination are
now illegal in the sale, rental, or
financing o f residential real prop-
erty. Although the federal law still
has a “ mom and pop” exclusion for
some owners with fewer than four
single fam ily houses, or who occupy
a unit in a building with no more than
four units, the exception w ill be largely
irrelevant when Oregon House b ill
3388 becomes law in October. This
is because that law adds the new pro­
tections to state law, and state law
has no “ mom and Pop” exclusion.
“ Fam ilial status” protections
prohibit discrimination because a
household includes a person under
18 and a parent, legal guardian, or
‘ ‘designee” o f a legal guardian.This
protects a person who is expecting its
first child, as well as a person who is
in the process o f adopting a child.
Nondiscriminatory occupancy lim ­
its, such as so many persons per
bedroom, are permissible, unless the
effect o f the lim its is to discriminate
against families with children. The
legislature has directed the State
Housing Council and the Bureau o f
la b o r and Industries to develop
occupancy guidelines.
There is an exception to the pro­
tections for families with children.
“ Housing for Older Persons” is
exempt where (1) the project is pub­
licly funded for seniors; (2) all per­
sons are 62 or older; or (3) at least
80% o f the households are headed by
someone 55 or older and there are
significant facilities or services for
older persons and published policies
and procedures demonstrate an in­
tent to provide housing for person
over 55.
For purposes o f the prohibition
against the handicapped, “ handicap”
includes a physical or mental impair­
ment which substantially limits a major
life activity. It also includes having a
record o f such an impairment, or
being regarded as having such an
impairment. I l includes alcoholics
(but does not prohibit discrimination
on the basis o f behavior). It does not
include transvestitism, or current use
o f or addiction to illegal drugs. It
does not prohibit discrimination
against a person whose tenancy would
constitute a direct threat to health or
safety, or substantial physical dam­
age to property. AIDS victims are
protected against discrimination.
It is permissible under the act to
discriminate on the basis that a per­
son has been convicted o f illegal
manufacture or distribution o f drugs.
Owners and managers must allow
reasonable modifications, at a ten­
ant’ s expense, to make a rental unit
appropriate for a handicapped per­
son, although modifications which
affect the useability o f the premises
to other tenants must be removed at
the end o f the tenancy. The tenant
can be required to open, an escrow
account (interest belongs to the ten­
ant) to ensure restoration, but cannot
be required to pay a deposit
New residential projects o f four
or more units, completed under build-
ing permits issued on or after January
13, 1990,must provide an “ acces­
sible route” to and through “ adapt­
able” units. “ Accessible” means a
wheel chair can navigate; “ adapt­
able” means reachable faucets, knobs
and switches; walls reinforced for
grab bars; and kitchens and bath­
rooms big enough for wheel chair
use. I f there is an elevator, all units
must be adaptable; otherwise, all on
the ground floor must be adaptable.
Enforcement devices are substan­
tially strengthened. Administrative
agencies charged with fair housing
enforcement were originally directed
to seek “ conciliation.” Only recendy
through court battles has the state
C iv il RightsDivision established that
it can award monetary damages i f it
finds discrimination, and the federal
agency responsible for enforcement,
the Department of Housing and Urban
Development, was unable to award
damages at all until the new law.
Penal ties-designed to punish people
who violate fair housing rights-have
been unavailable in the administra­
tive agencies, and extremely limited
in court actions.
The new laws make unlimited
punitive damages available in civ il
cases, which means that juries can
award whatever they thing the c ir­
cumstances warrant to punish viola­
tors and deter others from violating
fair housing rights. The laws also
provide c iv il penalties, attorney fees
and a choice between court and
administrative enforcement as part
o f the administrative enforcement
mechanisms. These changes should
attract private attorneys to the en-
forcement effort.
por example, a first offense can
bring a c iv il penalty o f up to $10,000
as part o f the administrative enforce-
ment process-in addition to actual
damages, attorney fees, and i f neces-
sary, an injunctive order (such as an
order that the violator make the next
unit available to a renter who was the
victim o f discrimination),
in addition, Congress created the
Fair Housing Initiative Program in
¡988 to provide funding for “ test-
ing.” Testing programs are designed
to uncover housing discrimination
by sending prospective buyers or
renters to sellers and landlords to see
i f there is discrimination. I f a black
couple with one child 10 years old is
told that there are no vacancies, and
an otherwise identical white family
is welcomed as a tenant an hour
latter, the landlord may have a d iffi­
cult time convincing a court that the
fair housing laws have been com­
plied with. Testing has been approved
by the United States Supreme Court
and by Congress. It is an important
tool in determining the extent o f
housing discrimination, and in prov­
ing discrimination cases in court.
The new state law makes the pro­
hibitions the same under state and
federal law, without any “ mom and
pop” exclusion. Because funding was
not available in the 1989 legislature,
the law does not require the state
C ivil Rights Division to make any
administrative changes at this time,
so it may be a while before the full
range o f administrative enforcement
is available through the Division in
Oregon. Oregon has until 1992 to
bring the Division into fu ll com pli­
ance with the federal requirements.
Meanwhile, the Division w ill con­
tinue to take the complaints it has
always accepted, and “ fam ilial
status” complaints w ill either be
referred to H UD or processed by the
Division under contract with HUD.
Because administrative resources
to combat housing discrimination
continue to be very limited, victims
o f housing discrimination ought to
seek representation by an attorney as
soon as possible. Fair housing attor­
neys should be available through the
Oregon State Bar Lawyer Referral;
Service (684-3763); low income
persons should contact their local
legal aid office.
America's
Competitive E dge...
American Workers.
I »
lind out how jo u r company van
belter Up this valuable resource. wrile:
Elizabeth Dole
Secretary o f Labor
U.S. Department o f Labor
Room N-5419
Washington, DC 20210
North Portland Bible College
4222 N.E. I2lt> Ave.
Portland, Otego.. 9721 1
(503) 28H-2919 / 2HW-724 I
FALL TERM AT NPBC
Septem ber 24 - December 8, 1989
INSTRUCTOR
TIME
COURSE
Monday Morning 9-noon
B ible Lands and Customs
Rev. Mkliael Lindsey
B ible Lands and Customs
Rev. Michael Lindsey
Monday Evening 6:30-9:30
Church History 1
Sis. Belli Nance
Isaiah
Rev. James Coleman
Sis. Connie Slanlon
-English C om p. I
Tuesday Evening 6:30-9:30
Thursday Evening 6:30-9:30
, N ew Testament Survey 1
Sis. Belli Nance
Teaching Techniques
Rev. Grace Osborne
Personal Evangelism
Bro Kelly Cohoe
Church Adm inistration
Bishop A.A. Wells
W orld Christian Outreach I
Rev. Phil Nelson.
Rev. Nathan Barnett
B ible Doctrine I
Rev. Micliacl Lindsey
Jam es and 1 - 3 John
Rev. 1 lampion Calloway
O ld Testament Survey 1
Rev. LeeArihur Madison
N P B C w a s e s ta b lis h e d in 1 9 8 2 in
o b e d ie n c e to th e p r o m p tin g s o f
th e S p ir it o f G o d in th e h ea rts o f
severa l, in clu d in g John G ariington ,
th a t th e re sh o u ld b e a p la c e , right
h ere in th is c o m m u n ity, fo r
s y s te m a tic , a c co u n ta b le , learn ing
o f th e W ord o f G od, fo r training,
fo r in sp ira tio n to serv ice .
It is c o m m itte d to b e in g . . .
BIBLICAL
ACCESSIBLE
AFFORDABLE
COMMUNITY-RELATED
Tuition g o es u p. . .
but not that much
This fall NPBC tuition goes up for the first
time in its seven years of existence. Registration
is the same — $10.00 per term. Tuition will now
be $25.00 per course. Thus if a student is taking
one course the cost will be $35.00; for two
courses the cost will be $60.00; $85.00 for three
courses. These are still the lowest prices we
know of, for comparable quality in instruction.
Also, it is possible to get free tuition for
bringing three new students to register.
I
I
What A D ca ll
JL,
HOW TO REGISTER: C ome 30 MINUTES early on the first night of class , or register by mail .
T entative registration may be made by telephone : 280-2919.
P hone for further information if necessary .
N orth P ortland B ible C ollege is located in the C hristian E ducation unit of
M aranatha C hurch , the NPBC entrance . is on the 13 th S treet side , center door .
N earest T ri -M et bus is N o . 8, S kidmore stop .
N.P.D.C. doe» not diicrim inate on the batio o f race, age, religion, »ex, handicap, or national origin.
Ad Prices Effective 9/20 thru 9/26/89
Safeway is in your Neighborhood to Stay
SAFEWAY
B ananas
A tropic treat ready
to eat. A perfect
fruit to pack in school
or work lunches. Great
to slice on top of cereal
or ice cream. Perfect
for pies and more!
Juicy Fryer
Hindquarters
Plump, juicy and tender.
Try these tasty hindquarters
broiled, baked or grilled.
SAFEWAY
I
• I
' A • *
*