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City of Cuyahoga Falls, Ohio 25 <br />Analysis of Impediments to Fair Housing Choice <br />Because housing is an integral part to the successful community care for many people with <br />mental disabilities, discrimination has been 8 major barrie[8f8CcRSStU8d8qU8tehOU6iPg, <br />ID8D effort tO eliminate such discrimination and tU support the right Uf people with a <br />disability to live in the community of their choice, Congress included in the FHAA <br />prohibitions against discrimination Of persons with aU1eDt8l disability iD the provision 0f <br />housing, ID addition, it also prohibited discrimination 0f families with children, The <br />provisions of the act also establish stronger administrative enforcement mechanisms and <br />provide for stiffer penalties tU expand coverage t8 include these specific classes iOaddition <br />to those protected classes initially covered. <br />In addition, there are special rules applicable t8 senior complexes and the advertising for <br />such senior complexes. The FHAA provides that housing for older persons includes three <br />categories of housing: (1) housing provided under a state or federal program that HUD <br />determines iS "specifically designed and operated t0 assist elderly pe[S0nS'';/2\housing <br />intended for and only occupied by persons who are 62V/ older; and (3) housing "intended <br />and operated for occupancy byat least one person 55 years 0f age Vr older per unit.''which <br />means that the housing must have 8t least 80 percent Vf its units occupied hy8t least one <br />person 55 years Uf age V[ older, must have facilities and services designed f0 meet the <br />needs of older persons and must adhere to the policies and procedures that demonstrate <br />3D intent fU provide housing for persons 550[ older. The FHA\ also provided for certain <br />"tr8OSiti0U`/ rules for existing complexes <br />Although the FH/\/\ does not address the issue 0f advertising for senior complexes, the <br />HUD regulations make clear that there iS8parallel exemption from the discriminatory <br />advertising provisions. Therefore, advertising for qualified "housing for older persons" under <br />the FHAA may make reference tO the age O[the desired residents. <br />/\dV8diSiDg guidelines have been the subject 0f great debate since they were enacted iD <br />1988. |8 order tU clarify the confusion over terms and phrases that were considered <br />violation 0f the regulations, the Housing and Urban Development (H\][)) agency issued <br />further guidelines that provide a more reasonable review method in orderto determine what <br />constitutes discriminatory advertising, <br />Originally, terms such aS "excellent Vi80/"."0/8lk`iUCl0S8f'."bGChelO[''V[''h8ChelO[ette"and <br />names such @S "The Baptist Home" could have been viewed 8S discriminatory. Currently, <br />when these are placed in their proper context, they are not "red-flagged" as discriminatory, <br />Besides words indicative nf race, color, religion, sex, disability, familial status, Ornational <br />origin, colloquialisms, or words or phrases used regionally or locally, which might imply or <br />suggest race, color, religion, sex, disability, familial status 0[ national origin should U8 <br />avoided as well. ID addition, catch words and phrases such 3S «D8St[i[t8d". "8XClUSiY8", <br />"p[iV@tG*''iDt9grated'''''tK]diti8D8|". "board approval" U[ "membership approval" and symbols <br />Or logotypes which imply O[ suggest race, color, religion, sex, disability, familial status 8[ <br />national origin should also b88V0id8Ur <br />