From 74444.1076@COMPUSERVE.COMThu Apr  4 01:39:56 1996
Date: Tue, 2 Apr 1996 10:45:37 EST
From: Jamal Mazrui <74444.1076@COMPUSERVE.COM>
Reply to: "EASI: Equal Access to Software and Information"
     <EASI@SJUVM.STJOHNS.EDU>
To: Multiple recipients of list EASI <EASI@SJUVM.STJOHNS.EDU>
Subject: HUD &Fair Housing rights

This is a two part compilation of information from the U.S.
Department of Housing and Urban Development.  The first part I
included is a set of answers to frequently asked questions.  The
second part is a message from the Secretary of HUD concerning
fair housing rights, which apply to people with disabilities
among other protected groups.  More information is available from
the web site www.hud.gov .

Jamal Mazrui
National Council on Disability
Email: 74444.1076@compuserve.com

----------

   10 Frequently Asked Questions






   Q1. What does HUD do for me?

   A1. HUD has many responsibilities to the American people, but - to put
   it as simply as possible - HUD does 5 major things for Americans:
    1. We insure or guarantee mortgages which local lenders make to low
       and moderate income individuals,
    2. We investigate and respond to complaints of housing discrimination
       that might violate Federal fair housing laws,
    3. We develop and manage programs which provide funding for public
       housing; rental housing assistance; and housing for people with
       special needs such as elderly, handicapped, and persons with AIDS,
    4. We develop and manage programs to help revitalize and improve
       cities, communities, and neighborhoods, and
    5. We help mortgage lenders sell pools of loans so that the
       lenders can originate new loans for new borrowers.



   Because nearly all of HUD's programs are operated through "middlemen"
   or "intermediaries" - such as cities, non-profit organizations,
   mortgage bankers and lenders, and public housing authorities - private
   citizens normally don't have need to interact with HUD directly for
   these services.


     _________________________________________________________________



   Q2. I believe that I may have experienced discrimination when I was
   looking for housing. How can I find out what my rights are and file a
   complaint?

   A2. Call the HUD Fair Housing Hotline: 1-800-669-9777; TDD number:
   1-800- 927-9275.


     _________________________________________________________________



   Q3. I have or had a FHA insured mortgage, and I believe I might be due
   a premium refund or distributive share. How can I find out about
   this?

   A3. Check the list of people who are owed premium refunds or
   distributive shares. If your name appears on this list, call
   703-235-8117 for more information. You should provide your FHA case
   number, if you know it.


     _________________________________________________________________



   Q4. How can I find out about HUD's programs?

   A4. You can call HUD's Program Information Center at 202-708-1420, or
   contact your Local HUD Office.


     _________________________________________________________________



   Q5. How can I find out about housing in a specific city in the United
   States?

   A5. Check the Homebuyer's Fair or contact your Local HUD Office.


     _________________________________________________________________



   Q6. I want to buy a house. Does HUD have any programs that can help
   me?

   A6. We have all kinds of information on how to buy a home, including a
   HUD home, and programs that could assist you - check out the section
   entitled "Places to Live".


     _________________________________________________________________



   Q7. How can I buy a HUD home?

   A7. We have a pamphlet that describes the process for buying a HUD
   home. You can read it online or order a copy for a nominal fee. For a
   listing of HUD homes available in your area, contact your Local HUD
   Office.


     _________________________________________________________________



   Q8. I've lost my job, and I can't make my mortgage payments. Can HUD
   help me?

   A8. Call 1-800-569-4287. This is HUD's Mortgage Counseling toll free
   number. They can give you guidance on how to avoid foreclosure.


     _________________________________________________________________



   Q9. I need a place to live, and I don't have much money. Can HUD help
   me?

   A9. Contact your local Public Housing Authority (PHA). You should be
   able to find that number in your local telephone directory under "city
   offices."

   You may be eligible for public housing or Section 8 rental assistance.
   Many PHAs have long waiting lists. If you have questions or concerns
   not answered by your local PHA, please contact your Local HUD
   Office.


     _________________________________________________________________



   Q10. How has HUD helped my community?

   A10. Your community gets HUD dollars through a variety of grants and
   programs. Your community develops a plan which shows how it wants to
   spend those dollars, and every citizen in the community has a chance
   to comment on that plan. We're in the process of putting those plans -
   called the "Consolidated Plan" - right here in our home page so that
   citizens can look at not only what their own communities want to do
   but also at what other communities are doing.

   Take a look at the summary of your community's plan and look at
   the maps which show where the Federal dollars are being used.
     _________________________________________________________________



   Questions?

   Have a question that isn't listed above? Your Local HUD Office
   would be happy to help you find the answers.

----------
                          FAIR HOUSING--IT'S YOUR RIGHT

A Message From The Secretary

   Every American has a right to fair housing. The right to live where
   you choose, to raise a family, to own a home - in dignity and without
   fear of discrimination - is a fundamental right guaranteed to all. It
   cannot be denied to anyone because of race, color, national origin,
   religion, sex, familial status, or handicap.

   The Department of Housing and Urban Development enforces the Fair
   Housing Act, which protects you against violations of your housing
   rights. We want you to know how you are protected and what to do if
   you believe you have been discriminated against.

   I pledge to you that the Department will act quickly and efficiently
   on all complaints of discrimination brought to our attention, and that
   every American will receive the full protection of the law.

   Henry Cisneros

The Fair Housing Act

   The Fair Housing Act prohibits discrimination in housing because of:

     * Race or color
     * National origin
     * Religion
     * Sex
     * Familial status (including children under the age of 18 living
       with parents or legal custodians; pregnant women and people
       securing custody of children under 18)
     * Handicap

What Housing Is Covered?



   The Fair Housing Act covers most housing. In some circumstances, the
   Act exempts owner-occupied buildings with no more than four units,
   single-family housing sold or rented without the use of a broker, and
   housing operated by organizations and private clubs that limit
   occupancy to members.

What Is Prohibited?

   In the Sale and Rental of Housing: No one may take any of the
   following actions based on race, color, national origin, religion,
   sex, familial status or handicap:

     * Refuse to rent or sell housing
     * Refuse to negotiate for housing
     * Make housing unavailable
     * Deny a dwelling
     * Set different terms, conditions or privileges for sale or rental
       of a dwelling
     * Provide different housing services or facilities
     * Falsely deny that housing is available for inspection, sale, or
       rental
     * For profit, persuade owners to sell or rent (blockbusting) or
     * Deny anyone access to or membership in a facility or service (such
       as a multiple listing service) related to the sale or rental of
       housing.



   In Mortgage Lending: No one may take any of the following actions
   based on race, color, national origin, religion, sex, familial status
   or handicap:

     * Refuse to make a mortgage loan
     * Refuse to provide information regarding loans
     * Impose different terms or conditions on a loan
     * Discriminate in appraising property
     * Refuse to purchase a loan or
     * Set different terms or conditions for purchasing a loan.



   In Addition: It is illegal for anyone to:

     * Threaten, coerce, intimidate or interfere with anyone exercising a
       fair housing right or assisting others who exercise that right
     * Advertise or make any statement that indicates a limitation or
       preference based on race, color, national origin, religion, sex,
       familial status, or handicap. This prohibition against
       discriminatory advertising applies to single-family and
       owner-occupied housing that is otherwise exempt from the Fair
       Housing Act.



Additional Protection If You Have a Disability

   If you or someone associated with you:

     * Have a physical or mental disability (including hearing, mobility
       and visual impairments, chronic alcoholism, chronic mental
       illness, AIDS, AIDS Related Complex and mental retardation) that
       substantially limits one or more major life activities
     * Have a record of such a disability or
     * Are regarded as having such a disability

   your landlord may not:

     * Refuse to let you make reasonable modifications to your dwelling
       or common use areas, at your expense, if necessary for the
       handicapped person to use the housing. (Where reasonable, the
       landlord may permit changes only if you agree to restore the
       property to its original condition when you move.)
     * Refuse to make reasonable accommodations in rules, policies,
       practices or services if necessary for the handicapped person to
       use the housing.



   Example: A building with a "no pets" policy must allow a visually
   impaired tenant to keep a guide dog.

   Example: An apartment complex that offers tenants ample, unassigned
   parking must honor a request from a mobility-impaired tenant for a
   reserved space near her apartment if necessary to assure that she can
   have access to her apartment.

   However, housing need not be made available to a person who is a
   direct threat to the health or safety of others or who currently uses
   illegal drugs.

Requirements for New Buildings

   In buildings that are ready for first occupancy after March 13, 1991,
   and have an elevator and four or more units:

     * Public and common areas must be accessible to persons with
       disabilities
     * Doors and hallways must be wide enough for wheelchairs
     * All units must have:

          + An accessible route into and through the unit
          + Accessible light switches, electrical outlets, thermostats
            and other environmental controls
          + Reinforced bathroom walls to allow later installation of grab
            bars and
          + Kitchens and bathrooms that can be used by people in
            wheelchairs.



   If a building with four or more units has no elevator and will be
   ready for first occupancy after March 13, 1991, these standards apply
   to ground floor units.

   These requirements for new buildings do not replace any more stringent
   standards in State or local law.

Housing Opportunities For Families

   Unless a building or community qualifies as housing for older persons,
   it may not discriminate based on familial status. That is, it may not
   discriminate against families in which one or more children under 18
   live with:

     * A parent
     * A person who has legal custody of the child or children or
     * The designee of the parent or legal custodian, with the parent or
       custodian's written permission.



   Familial status protection also applies to pregnant women and anyone
   securing leqal custody of a child under 18.

   Exemption: Housing for older persons is exempt from the prohibition
   against familial status discrimination if:
     * The HUD Secretary has determined that it is specifically designed
       for and occupied by elderly persons under a Federal, State or
       local government program or
     * It is occupied solely by persons who are 62 or older or
     * It houses at least one person who is 55 or older in at least 80
       percent of the occupied units; has significant services and
       facilities for older persons; and adheres to a published policy
       statement that demonstrates an intent to house persons who are 55
       or older. The requirement for significant services and facilities
       is waived if providing them is not practicable and the housing is
       necessary to provide important housing opportunities for older
       persons.



   A transition period permits residents on or before September 13, 1988,
   to continue living in the housing, regardless of their age, without
   interfering with the exemption.

If You Think Your Rights Have Been Violated

   HUD is ready to help with any problem ot housing discrimination. If
   you think your rights have been violated, you may fill out a Housing
   Discrimination Complaint form (which will be available for downloading
   soon!), write HUD a letter, or telephone the HUD Hotline. You have one
   year after an alleged violation to file a complaint with HUD, but you
   should file it as soon as possible.

  WHAT TO TELL HUD:
     * Your name and address
     * The name and address ot the person your complaint is against (the
       respondent)
     * The address or other identification ot the housing involved
     * A short description ot the alleged violation (the event that
       caused you to believe your rights were violated)
     * The date(s) ot the alleged violation

  WHERE TO WRITE:

   Send the Housing Discrimination Complaint Form or a letter to the HUD
   office nearest you or to:

   Office of Fair Housing and Equal Opportunity
       U. S. Department ot Housing and Urban Development
       Room 5204
       Washington, D.C. 20410-2000



  WHERE TO CALL:

   If you wish, you may use the toll-free Hotline number: 1-800-669-9777.
   (In Washington, D.C. call 708-0836.)

  IF YOU ARE DISABLED:

   HUD also provides:

     * A toll-free TDD phone for the hearing impaired: 1-800-927-9275.
       (In Washington, D.C., call 708-0836.)
     * Interpreters
     * Tapes and braille materials
     * Assistance in reading and completing forms

  WHAT HAPPENS WHEN YOU FILE A COMPLAINT?



   HUD will notify you when it receives your complaint. Normally, HUD
   also will:
     * Notify the alleged violator of your complaint and permit that
       person to submit an answer
     * Investigate your complaint and determine whether there is
       reasonable cause to believe the Fair Housing Act has been violated
     * Notify you if it cannot complete an investigation within 100 days
       of receiving your complaint

  CONCILIATION



   HUD will try to reach an agreement with the person your complaint is
   against (the respondent). A conciliation agreement must protect both
   you and the public interest. If an agreement is signed, HUD will take
   no further action on your complaint. However, if HUD has reasonable
   cause to believe that a conciliation agreement is breached, HUD will
   recommend that the Attorney General file suit.

  COMPLAINT REFERRALS

   If HUD has determined that your State or local agency has the same
   fair housing powers as HUD, HUD will refer your complaint to that
   agency for investigation and notify you of the referral. That agency
   must begin work on your complaint within 30 days or HUD may take it
   back.

What If You Need Help Ouickly?

   If you need immediate help to stop a serious problem that is being
   caused by a Fair Housing Act violation, HUD may be able to assist you
   as soon as you file a complaint. HUD may authorize the Attorney
   General to go to court to seek temporary or preliminary relief,
   pending the outcome of your complaint, if:

     * Irreparable harm is likely to occur without HUD's intervention
     * There is substantial evidence that a violation ofthe Fair Housing
       Act occurred



   Example: A builder agrees to sell a house but, after learning the
   buyer is black, fails to keep the agreement. The buyer files a
   complaint with HUD. HUD may authorize the Attorney General to go to
   court to prevent a sale to any other buyer until HUD investigates the
   complaint.

What Happens After A Complaint Investigation?

   If, after investigating your complaint, HUD finds reasonable cause to
   believe that discrimination occurred, it will inform you. Your case
   will be heard in an administrative hearing within 120 days, unless you
   or the respondent want the case to be heard in Federal district court.
   Either way, there is no cost to you.

  THE ADMINISTRATIVE HEARING:

   If your case goes to an administrative hearing HUD attorneys will
   litigate the case on your behalf. You may intervene in the case and be
   represented by your own attorney if you wish. An Administrative Law
   Judge (ALJ) will consider evidence from you and the respondent. If the
   ALJ decides that discrimination occurred, the respondent can be
   ordered:

     * To compensate you for actual damages, including humiliation, pain
       and suffering.
     * To provide injunctive or other equitable relief, for example, to
       make the housing available to you.
     * To pay the Federal Government a civil penalty to vindicate the
       public interest. The maximum penalties are $10,000 for a first
       violation and $50,000 for a third violation within seven years.
     * To pay reasonable attorney's fees and costs.

  FEDERAL DISTRICT COURT

   If you or the respondent choose to have your case decided in Federal
   District Court, the Attorney General will file a suit and litigate it
   on your behalf. Like the ALJ, the District Court can order relief, and
   award actual damages, attorney's fees and costs. In addition, the
   court can award punitive damages.

  IN ADDITION

   You May File Suit: You may file suit, at your expense, in Federal
   District Court or State Court within two years of an alleged
   violation. If you cannot afford an attorney, the Court may appoint one
   for you. You may bring suit even after filing a complaint, if you have
   not signed a conciliation agreement and an Administrative Law Judge
   has not started a hearing. A court may award actual and punitive
   damages and attorney's fees and costs.

Other Tools to Combat Housing Discrimination:

   If there is noncompliance with the order of an Administrative Law
   Judge, HUD may seek temporary relief, enforcement of the order or a
   restraining order in a United States Court of Appeals.

   The Attorney General may file a suit in a Federal District Court if
   there is reasonabie cause to believe a pattern or practice of housing
   discrimination is occurring.

For Further Information:

   The Fair Housing Act and HUD's regulations contain more detail and
   technical information. If you need a copy of the law or regulations,
   contact the HUD office nearest you or:



   Office of Fair Housing and Equal Opportunity Room 5116
       Department of Housing and Urban Development
       451 Seventh Street, S. W.
       Washington, D.C. 20410-2000
       (202) 708-2878
