While federal and state fair
housing law does not ban discrimination based on military or veteran status,
many state and local governments do. However, disabled veterans are protected
(as is any disabled person) under federal fair housing law.
Issues to
Consider Relating to Veterans & Members of the Military
- Know your
applicable state and local laws: eight
states currently have fair housing protection based on military status, but the
specific protections vary from state-to-state. For example, New York prohibits
discrimination based on military status, but Massachusetts prohibits
discrimination specifically against veterans. In some states, such as Illinois,
protection for veterans is tied to the nature of a discharge. The Illinois law
prohibits discrimination against veterans with a less than honorable discharge
but excludes those with a dishonorable discharge. However, Washington state law
protects only veterans with an honorable discharge. Rhode Island protects
current service members and veterans with honorable or general discharges.
While most states offer no military or veteran protection, some localities do.
As example is Texas, where there is no state protection, but San Antonio does
provide fair housing protection for veterans. The following states currently
have fair housing protection based on military or veteran status:
- Connecticut
- Illinois
- Massachusetts
- New Jersey
- New York
- Ohio
- Rhode
Island
- Washington
(California
is considering such protection).
- A high percentage
of veterans have disabilities: 29% of recent
veterans report a service-connected disability, vs 13% of all veterans. One of
the more common disabilities among veterans is Traumatic Brain Injury (TBI),
TBI is a major focus of the Veterans Administration (VA).
- PTSD is a
common vet-related disability: "Holland
v The Related Companies, July 2015," is a California case that dealt
specifically with PTSD.
- Facts of
the Case:
- Resident was an Army combat
veteran with PTSD;
- As the result of noise from ongoing
construction, the vet requested a transfer to a unit away from the noise. The
vet said the noise triggered nightmares, anxiety, etc., because it reminded him
of gunfire, explosions, and screaming, making him feel as if he was in a war
zone;
- The community agreed on the need
for the transfer but did not agree on payment of current rent for a more
expensive unit. They agreed to move the family to the better unit at current
rent but wanted them to move back to their original unit when construction was
finished; and
- The resident refused, asking for a
court order allowing them to stay until the end of the lease (five months).
- Decision:
the court granted the request.
- Reasoning:
- The cost of moving the family to
the more expensive unit was a reasonable accommodation that would not cause an
unreasonable financial burden to the property, and the increased cost of
allowing them to stay to the end of the lease was minimal.
- The need
for assistance animals among vets is common: Emotional Support Animals (ESAs)
for vets with PTSD are common.
- There are
laws in addition to fair housing laws that protect military and veterans:
- Servicemembers
Civil Relief Act (SCRA) - this was formerly the "Soldiers’ and Sailors’ Civil
Relief Act," and it protects active duty military. It covers
- Credit card interest rates;
- Civil judicial proceedings;
Under
certain circumstances, servicemembers may terminate - Without penalty - leases. Communities may not evict military
members or their dependents during active military service without a court
order. Of all the protections for the military, the SCRA is the most important.
A recent example shows how aggressively courts will enforce the SCRA:
- In March 2019, a Virginia-based
property management company paid $1.5 million for violation of the SCRA. This
is the largest settlement under the Act. The facts of the case are:From 2006 - 2017, the company
obtained 152 default judgments against 127 servicemembers by failing to
disclose their military status to the court or by falsely stating that the
tenants were not in the military.The company imposed unlawful
charges against servicemembers who tried to terminate leases early in order to
comply with military orders.
Another
important law related to servicemembers is "The Uniformed Services Employment
& Reemployment Rights Act of 1994 (USERRA)." This law ensures that
servicemembers are entitled to return to their civilian employment upon
completion of military service and was designed to protect members of the
National Guard and Reserve who are called to active duty. These servicemembers should
be reinstated with the seniority, status, and rate of pay that they would have
obtained had they remained continuously employed by their civilian employer.
If your
community is subject to state or local laws barring discrimination based on
military or veteran status, you need to discuss with your local counsel exactly
what protections are offered by the specific laws.
Also,
while the Fair Housing Act bans discrimination against veterans with
disabilities, the law does not protect an individual with a disability whose
tenancy would constitute a "direct threat" to a property or the health and
safety of other residents or staff. However, before taking adverse action
against a disabled resident, management should determine whether there are any
reasonable accommodations that would eliminate or significantly reduce the
threat.
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