March 10, 2011
To FHAP Agencies,
HUD recently issued to important guidance memos.
The first is related to housing discrimination complaints from people who are in violent relationships. The memo makes clear that a person who is denied or evicted from housing as a result of domestic violence may have a jurisdictional housing discrimination complaint under the federal Fair Housing Act. While geared toward enforcement of federal law, the memo should be useful in enforcement of substantially equivalent state and local fair housing laws and in understanding what such complaints are cognizable under the federal Fair Housing Act and therefore reimbursable by HUD. HUD issued a press release on the guidance today.
The second memo is regarding the U.S. Department of Justice (DOJ)’s recent amendments to its Americans with Disabilities Act (ADA) regulations. The HUD memo clearly states that the DOJ ADA regulation amendments do not affect reasonable accommodation requests under the federal Fair Housing Act and Section 504 of the Rehabilitation Act of 1974 (Section 504). DOJ’s new rules limit the definition of “service animal” in the ADA to include only dogs and also exclude emotional support animals. This definition, however, does not apply to the federal Fair Housing Act or Section 504. In situations where both laws apply, housing providers must meet the broader federal Fair Housing Act/Section 504 standard in deciding whether to grant reasonable accommodation requests. FHAP agencies have been looking for a statement from HUD on this issue, as certain state and local legislatures have attempted to amend local fair housing laws consistent with the ADA regulations. Hopefully, this will be helpful.
Please direct any questions you have about these memos to your HUD FHEO regional contacts.