Topics of Interest

If you believe that you are being discriminated against, call the (SCFHD) Stark County Fair Housing Department.  The SCFHD sometimes conducts tests when investigating fair housing complaints. The SCFHD will investigate by sending a "tester" to the rental office to verify a difference in treatment.  The courts permit the introduction of "tester" evidence to verify discrimination. 

Probably!  It sounds like the landlord is showing a difference in treatment to you because of your race.  Housing providers should treat all tenants the same to avoid accusations of discrimination.  By charging you a higher rent, installing new carpet in the other units, and not making repairs for you, but other tenants have repairs remedied immediately shows a difference in treatment.

No!  Federal fair housing law and regulations prohibit a landlord from charging a double security deposit when a reasonable modification is made by a tenant.  However, the tenant may have to bear the cost of any modifications.  The tenant is responsible for restoring changes he or she made to the interior only if, upon termination, the changes would interfere with the use of the apartment by future tenants.  

Yes!  Housing providers must permit disabled people to keep a service animal if they prove they are disabled and need the pet to cope with their handicap.  Service animals, such as guide dogs, helper dogs, and therapeutic animals are not considered as pets, and therefore, should not be regulated by “no pets” policies.  To ban such animals is a clear act of discrimination.

Yes, unless your property is exempt under the federal statute and regulations.  The fair housing laws forbid landlords from discriminating in rental housing against persons based on their “familial status.”  Familial status refers to children under the age of eighteen living with a parent or person having legal custody of such individuals.  Familial status also applies to any person who is pregnant or in the process of securing legal custody of children under the age of 18.

No!  Your decision could unfairly limit the family’s choices.  Many four-person families can’t afford a three-bedroom apartment.  According to the fair housing laws, a two-bedroom apartment can be occupied by four people without being too crowded.  The rule of thumb is two persons per bedroom. 

Your landlord has a responsibility to make repairs that are his/her responsibility. If you believe that your landlord has failed to fulfill any such obligation, you will need to first send a written notice to the landlord with a list of repairs that need done. This notice must be delivered to the person or place where rent is normally paid.  If the landlord fails to make the repairs within a reasonable time, not to exceed thirty days, you can do one of the following: 

• Deposit your rent with the Clerk of Courts on or before the day your rent is due.
• Request the court to order the repairs be made; request that the rent be reduced until repairs are made; or request that rent deposited be used to remedy the conditions.
• Terminate your lease agreement.

No!  Unless it is an emergency, your landlord must give you a reasonable notice before entering your apartment, and only enter at reasonable times. Twenty-four hours is presumed to be a reasonable notice.

Within thirty days your landlord must return your full security deposit or send you an itemized written list of deductions.  If, after thirty days, your landlord has not returned your deposit or sent you an itemized list of deductions, you may be able to sue for double the amount wrongfully withheld and reasonable attorney’s fees. 

No! That would be considered self-help eviction and it is prohibited. You must continue with your eviction notice. You will need to take your copy of the 3-day notice to the Clerk of Courts and file for a “forcible entry and detainer” or what is known as a legal eviction. The Clerk of Courts will schedule a hearing, and you will be able to present your case in support of the eviction action. If the court grants the eviction and the tenant still doesn’t vacate, you can request the court to issue a Writ of Restitution. This authorizes the court to send a bailiff out to your property to oversee the removal of the tenant’s belongings. This is the only time you can remove the tenant’s possessions. 

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

• Refuse to rent or sell housing;
• Falsely deny that housing is available for inspection, sale, or rental;
• Offer different terms and conditions in the sale or rental of housing;
• Refuse to allow a handicapped person to make reasonable modifications to a dwelling;
• Refuse to reasonably accommodate a handicap person;
• Advertise by using words or pictures which have the effect of discouraging a diverse group;
• Persuade owners to sell or rent because a diverse group is moving into the area;
• Discourage a diverse group from moving into certain areas (steering);
• Intimidate, interfere, coerce, or threaten someone to keep them from the full benefit of the fair housing laws.

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

• 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;
• Refuse appraisals or insurance or offer them with different or unfavorable terms.

Fair Housing Act

The Federal Fair Housing Act of 1968, as amended, prohibits discrimination in housing on the basis or race, color, religion, sex, national origin, familial status, or disability (protected classes). Familial status means either one or more minors (under the age of 18) who live with a parent or guardian or any person who is pregnant, or in the process of securing legal custody of any minor. In addition to the above mentioned protected classes, the state of Ohio and the city of Canton have additional protected classes. 

Download the Fair Housing Act.

The laws cover almost every kind of housing related discrimination.  They provide standing to persons injured by the discrimination.  The laws cover a broad range of transactions, including:  purchase and sale, rental, vacant land transactions, zoning, lending, insurance, appraisal, development, management and any transaction in which a person can be denied housing or services related to housing.  The Fair Housing Law prohibits discrimination that makes housing otherwise UNAVAILABLE. 

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.

Housing discrimination is rarely blatant. It is usually cleverly disguised and, more often than not, is done with a smile and a handshake. Landlords and real estate agents usually don't say, "You can't live here because you have a handicap." 

Some things landlords say that is handicap/disability discrimination:

• "You can't live here because there's no one to take care of you." 
• "I'd like to rent to you, but my insurance will go up."
• "We don't want alcoholics or drug addicts here, even if they're in recovery programs."
• "We have a no-pets rule and that includes your guide dog."
• "I want to see your medical records."
• "Your wheelchair will damage the carpet and walls, and you won't be able to get out if there's a fire."

Landlords and real estate agents usually don't say, "We don’t accept kids." Suspect housing discrimination when these types of comments are made:

• “We take younger children, but teenagers will disturb the other tenants.” 
• “Sure we rent to families with kids, but we need an extra security deposit.”
• “We only accept 3 people in our 2 bedroom apartments.” “Our kids’ building is full.”
• “There is no place for children to play.”
• “Sorry, a parent and child cannot share a bedroom.”

If you have a Disability

It is illegal for anyone to deny you housing because you have a mental or physical disability, or a record of having had a mental of physical disability, or because people think you have a mental or physical disability.

The Fair Housing Act protects people with a mental illness, epilepsy, cerebral palsy, visual and hearing impairments, AIDS and other disabilities.  People who use walkers, wheelchairs, service dogs, or a personal care attendant are all protected against housing discrimination.

Persons who have disabilities are entitled to the same full enjoyment of their home as those persons without disabilities.  In order to fully enjoy the unit, it may be necessary to have specific accommodations or modifications made to a dwelling unit.

You May be Entitled to a Reasonable Accommodation

The Fair Housing Law makes it illegal to “refuse to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford a person with a disability equal opportunity to use and enjoy a dwelling.”

Common accommodations include: 

• Providing a parking space for a disabled person when the apartment complex doesn’t have assigned parking
• Contacting a caseworker or third party in case of behavior problems, rather than moving straight to an eviction
• Adjusting rent due date to accommodate alternate forms of income
• Issuing keys to visiting nurses or personal assistants
• Changing a no pet policy to permit a disabled person to have a service or therapeutic animal with no increase in security deposit.

You May be Entitled to Reasonable Modifications

When a tenant needs modifications to the structure of a unit to make it accessible, it is not the landlord’s responsibility to pay for the modifications.  A landlord may even require the tenant to set up an escrow account to ensure that the modifications can be removed when the tenant moves out.  However, a landlord may not refuse any request for reasonable modifications. 

Some reasonable modifications include:

• Building ramps over or next to staircases
• Removal of doors on kitchen cabinets
• Putting grab bars in showers and bathrooms
• Widening the doorway so a wheelchair can enter
• Putting flashing lights in for doorbells and smoke alarms for the hearing impaired

If you have Children

Unless a building or community qualifies as housing for older persons, a landlord may not discriminate based on familial status.  The Fair Housing Law prohibits discrimination in housing against families with children under the age of 18 living with a parent or person having legal custody of such individuals.  Familial status also applies to any person who is pregnant or in the process of securing legal custody of children under the age of 18.  Families cannot be denied the housing of their choice simply because they have children.

Housing for older persons is exempt from the prohibition against familial status discrimination if: 

• It is occupied solely by persons who are 62 or older
• 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; 
• The building is specifically designed for and occupied by elderly persons under a federal or state program.