Fair Housing

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Pinellas County Office of Human Rights

Fair Housing

There are several basic areas in this section:

Fair Housing in Pinellas
What is Fair Housing?
What is Covered?
What is Prohibited?
In Addition...
Additional Protection if You have a Disability
Requirements for New Buildings
Housing Opportunities for Families: 55+ and 62 and over Housing Communities
What to Tell the Office of Human Rights
Where to Write or Call
If You are disabled...
What Happens When You File a Complaint?
Conciliation
What if you need help Quickly?
What Happens after a Complaint Investigation
The Administrative Hearing
Federal District Court
You May File a Suit
Other Tools to Combat Housing Discrimination

Fair Housing in Pinellas
The Department of Housing and Urban Development ("HUD"), which has the authority and responsibility to enforce the anti-discrimination provisions of Title VIII, has determined that the Pinellas County Office of Human Rights fair housing ordinance is substantially equivalent to Title VIII. As such, HUD will refer your complaint to the Pinellas County Office of Human Rights 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 is Fair Housing?
The Fair Housing Act, Title VIII of the Civil Rights Act of 1968, and Pinellas County Chapter 70 prohibit 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 (Disability)

What Housing Is Covered?
The Fair Housing Act and Pinellas County Ordinance Chapter 70 cover most housing. In some circumstances, the Act and local ordinance exempt 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, sexual orientation, 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.

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 and Pinellas County Ordinance Chapter 70.

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 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.
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 was 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. For more information on new construction requirements, see:
Fair Housing Accessibility Guidelines or
Supplement to Notice of Fair Housing Accessibility Guidelines: Questions and Answers about the Guidelines

Housing Opportunities For Families: 55+ and 62 and over Housing Communities:
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.

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

If You Think Your Rights Have Been Violated THE OFFICE OF HUMAN RIGHTS is ready to help with any problem of housing discrimination. or to get to the page where the print form is located:

You may write THE OFFICE OF HUMAN RIGHTS a letter, or telephone the OFFICE OF HUMAN RIGHTS at (727) 464-4880. You have one year after an alleged violation to file a complaint with HUD or the Office of Human Rights, but you should file it as soon as possible.

What to Tell the Office of Human Rights:

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

Where to Write or Call:
Send the Housing Discrimination Complaint Form or a letter to:

Pinellas County Office of Human Rights
400 S. Ft. Harrison Ave., 5th Floor
Clearwater, Fl. 33756

To contact the PCOHR:

Telephone – 727-464-4880
Fax – 727-464-5298
TDD – 727-464-4062
Write/Walk in – The Pinellas County Office of Human Rights
400 South Fort Harrison Avenue, 5th FloorClearwater, Florida 33756
Email – omelvin@co.pinellas.fl.us

If You Are Disabled:
HUD and the Office of Human Rights also provide:

A toll-free TTY phone for the hearing impaired: HUD 1-800-927-9275, local Office of Human Rights TTY: (727) 464-4062.
Interpreters
Tapes and Braille materials
Assistance in reading and completing forms

What Happens When You File A Complaint?
HUD and the Office of Human Rights will notify you when they receive your complaint. Normally, HUD and the Office of Human Rights 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 and Pinellas County Ordinance Chapter 70 has been violated
Notify you if it cannot complete an investigation within 100 days of receiving your complaint

Conciliation
THE OFFICE OF HUMAN RIGHTS 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 and the Office of Human Rights will take no further action on your complaint. However, if THE OFFICE OF HUMAN RIGHTS has reasonable cause to believe that a conciliation agreement is breached, THE OFFICE OF HUMAN RIGHTS will recommend that the County Attorney file suit.

What If You Need Help Quickly?
If you need immediate help to stop a serious problem that is being caused by a Fair Housing Act and Pinellas County Ordinance Chapter 70 violation, THE OFFICE OF HUMAN RIGHTS may be able to assist you as soon as you file a complaint. THE OFFICE OF HUMAN RIGHTS may authorize the County Attorney to go to court to seek temporary or preliminary relief, pending the outcome of your complaint, if:

Irreparable harm is likely to occur without THE OFFICE OF HUMAN RIGHT'S intervention
There is substantial evidence that a violation of the Fair Housing Act and Pinellas County Ordinance Chapter 70 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 THE OFFICE OF HUMAN RIGHTS. THE OFFICE OF HUMAN RIGHTS may authorize the CountyAttorney to go to court to prevent a sale to any other buyer until THE OFFICE OF HUMAN RIGHTS investigates the complaint.

What Happens After A Complaint Investigation?
If, after investigating your complaint, THE OFFICE OF HUMAN RIGHTS finds reasonable cause to believe that discrimination occurred, it will inform you. Your case will be heard in an Administrative Hearing unless you or the Respondent wants 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 THE OFFICE OF HUMAN RIGHTS’ 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 County 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 County Attorney 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, THE OFFICE OF HUMAN RIGHTS may seek temporary relief, enforcement of the order or a restraining order in a Court of law. The County Attorney may file a suit in a Federal District Court if there is reasonable cause to believe a pattern or practice of housing discrimination is occurring.