Issues

• 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 (Disability)

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.

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 (disability):

• Refuse to make a mortgage loan
• Refuse to provide information regarding loans
• Impose different terms or conditions on a loan, such as different interest rates, points, or fees
• Discriminate in appraising property
• Refuse to purchase a loan or
• Set different terms or conditions for purchasing a loan.

• 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.

• Have a physical or mental disability (including hearing, mobility and visual impairments, chronic alcoholism, chronic mental illness, HIV, HIV disease 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.

• Refuse to let you make reasonable modifications to your dwelling or common use areas, at your expense, if necessary for the disabled 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 disabled person to use the housing.

• 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.

• 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.

• 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.

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 legal custody of a child under 18.

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, and adheres to a policy that demonstrates an intent to house persons who are 55 or older.

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.

The City of Salina Human Relations Department/Commission is ready to help with any problem of housing discrimination. If you think your rights have been violated, the Housing Discrimination Complaint Form (intake questionnaire) is available for you at our office or we can send it to you by mail. You may write us a letter, or telephone our office. You have one year after an alleged violation to file a complaint with the Salina Human Relations Department/Commission or HUD, but you should file it as soon as possible.

1. Your name and address
2. The name and address of the person your complaint is against (the respondent)
3. The address or other identification to the housing involved
4. A short description to the alleged violation (the event that caused you to believe your rights were violated)
5. The date(s) to the alleged violation

Send the Housing Discrimination Complaint Form or a letter to the Salina Human Relations Department/Commission or you may call our office directly at (785) 309-5745. You may also call the Department of Housing and Urban development at 913-551-6993.

The Salina Human Relations Department/Commission also provides:

• A TDD phone for the hearing impaired: (785) 309-5747.
• Tapes
• Assistance in reading and completing forms

The Salina Human Relations Department/Commission also provides a list of:

• Interpreters
• Translators

For many different languages including Spanish, Vietnamese, Laotian, Portuguese, etc.

• Notify the alleged violator of your complaint and permit that person to submit an answer.
• Investigate your complaint, the complaint may be examined by the Human Relations Commission to determine whether there is reasonable cause to believe the Fair Housing Act as been violated.
• Notify you if it cannot complete an investigation within 100 days of receiving your complaint.

• The Salina Human Relations Department/Commission 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, the Salina Human Relations Commission will take no further action on your complaint. However, if the complainant and respondent do not wish to conciliate, your case will go to the Salina Human Relations and/or if the Salina Human Relations Commission has reasonable cause to believe that a conciliation agreement is breached, the Salina Human Relations Commission will send the case to the City Prosecutor for possible litigation.

• Your complaint may also be referred to HUD.

If you need immediate help to stop a serious problem that is being caused by a Fair Housing Act violation; the Salina Human Relations Department/Commission may be able to assist you as soon as you file a complaint. The Salina Human Relations Department/Commission may seek temporary or preliminary relief, pending the outcome of your complaint, if:

• Irreparable harm is likely to occur without our intervention and there is substantial evidence that a violation of the Fair Housing Act occurred.

If, after investigating your complaint, the Salina Human Relations Commission finds reasonable cause to believe that discrimination occurred, it will inform you. Your case will be forward to the city prosecutor for legal review and possible administrative hearing.

If your case goes to administrative hearing the City Prosecutor will litigate the case. You may be represented by your own attorney if you wish. A Judge will consider evidence from you and the respondent. If the Judge 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 a civil penalty to vindicate the public interest.
• To pay reasonable attorney's fees and costs.

The Fair Housing Act and the City of Salina ordinance contain more detail and technical information. If you need a copy of the ordinance, contact the Salina Human Relations Department:

Gateway Tower II

400 State Avenue, Room 200

Kansas City, Kansas 66101-2406

(913) 551-6958

1-800-743-5323

TTY (913) 551-6972

Office Hours: 8:00 a.m. - 4:30 p.m. Monday through Friday