BOISE - A series of Fair Housing seminars will be held from October 17 – 23 in Boise, Twin Falls, Pocatello, Idaho Falls, Coeur d’Alene and Lewiston, the Idaho Housing and Finance Association (IHFA) announced. The free seminars—sponsored by IHFA and the Idaho Department of Commerce (IDOC)—aim to help housing professionals, elected officials and Community Development Block Grant recipients better understand the complexities of Fair Housing Law and accessibility standards.

During a 2000 review of Idaho’s performance in this area, the Department of Housing and Urban Development found that a "lack of education for property owners" was among a list of statewide impediments to fair housing. "Anyone familiar with fair housing knows how challenging the education component is," says Julie Williams, IHFA’s vice president of Community Affairs. "As a rural state, Idaho must reach out to more and more housing providers in smaller communities."

The upcoming seminars feature Theresa Kitay of the Atlanta-based Fair Housing Institute. Ms. Kitay is an attorney specializing in civil rights consulting and fair housing law. She is a partner in the law firm of Coughlin and Kitay, P.C. and President of the Fair Housing Institute (FHI). FHI is not an advocacy group; they consult on behalf of owners, managers, and other housing professionals. Prior to her current career, Ms. Kitay was senior trial attorney for HUD’s southeast regional office and prosecuted fair housing cases. She was involved in the Fair Housing Act’s design and construction requirements for multifamily housing.

"It’s a rare opportunity to have someone with so much perspective on fair housing law," noted Ms. Williams, adding that the Department of Commerce and IHFA committed early on to subsidizing the seminars "in order to share accurate and practical information as widely as possible." IHFA also hosted a July Fair Housing Training with HUD’s own Judith Keeler, head of the Seattle Fair Housing and Equal Opportunity division, and co-sponsored a spring Fair Housing Celebration in Boise.

"Although the Fair Housing Act has been in place since 1968, its interpretation and impact continue to evolve," Ms. Williams pointed out. "This is a chance for housing industry professionals and local government to discuss current trends in case law, testing and enforcement, and to better understand what is covered under the law. If we can reduce the number of unintentional violations through education, then everybody wins." The educational seminars are separate from the testing and enforcement.

Testing is a standard, although somewhat controversial practice, in which paid testers are sent out to explore potential Fair Housing violations or housing that is thought to be inaccessible to those with disabilities. Sometimes this is in response to a complaint filed by a would-be tenant. Often, however, no actual prospective tenants have been denied access to housing; in these cases a tester files a complaint as an "injured party." Although relatively few complaints result in a legal judgement, most are settled out of court through conciliation agreements, where the landlord or property owner agrees to retrofit the property, place funds in escrow to provide reasonable accommodation for future tenant requests, or contribute financially towards fair housing efforts.

Housing providers alleged to be in non-compliance have paid out over $600,000 since 1997 in response to IFHC efforts and activities. This does not include complaints submitted directly to HUD. Roughly half this amount has gone to support alternative accessibility efforts, such as the Accessibility Improvements Program administered by IHFA. In this program, home owners or tenants who require adaptive improvements (such as wheelchair ramps or bathroom modification) can apply for grant funds up to $5,000 to make improvements. In other cases, property owners have made direct payments to complainants as well as IFHC.

Of the 750 fair housing complaints filed by IFHC in the past seven years, alleged violations break down by type as follows: Disability-35%; National Origin-25%; Race, Religion and Sex (combined)-7%. Surprisingly, 33% of complaints involved Familial Status, when families were denied housing simply because they had children.

The costs of non-compliance can be high. Property owners must pay to correct alleged problems and may lose additional funds through conciliation or damage settlements. These costs will be passed on to housing consumers, and can ultimately drive up the already high price of housing. Non-compliance can also take an emotional toll on families who are illegally denied housing. In many areas of the state, for instance, there are few rental units accessible to those in wheelchairs. These individuals are forced into nursing homes or other care facilities, even though they are able to live independently.

"With Baby Boomers reaching retirement age in the coming decades, it’s just good business sense for property owners to adopt accessible design standards," says Williams. "In addition to the costs savings of compliance, the market will drive this shift."

Although the seminars are free to the public, registration is required. You may register for a free seminar in your area by sending an e-mail to: hirc@ihfa.org or calling IHFA’s Housing Hotline toll-free at 1-877-438-4472.

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The Idaho Housing and Finance Association, a financial services and housing organization, provides funding for affordable housing in Idaho communities where they are most needed and when it is economically feasible. IHFA uses no state funds or state employees to support its operations. For more information, visit our Web site at www.ihfa.org.