EASTON, Pa. — The first of what organizers say will be a series of community workshops to instruct landlords, tenants and others about fair housing and eviction drew both Thursday.
HOME Easton held its first event at Easton Community Center, with the presentation providing information on what fair housing is, how it works, how both the landlord and tenant can protect themselves, and what happens in an eviction — and how to fight it.
“HOME Easton’s mission is to deliver lasting solutions through rehab, development, counseling, helping families and first-time home buyers achieve the dream of ownership by building a stronger community.”HOME Easton Project Manager Mark Hammerstone
“HOME Easton’s mission is to deliver lasting solutions through rehab, development, counseling, helping families and first-time home buyers achieve the dream of ownership by building a stronger community,” HOME Easton Project Manager Mark Hammerstone said.
Easton Mayor Mayor Sal Panto Jr., and several members of Easton City Council, including Vice Mayor Frank Pintabone, Councilman Frank Graziano III and Councilwoman Julie-Zando Dennis also attended.
Panto and Pintabone, who both have been landlords or property managers, stressed the importance of both landlords and tenants understanding the law.
Fair housing
North Penn Legal Services attorney Megan Moore handled the bulk of the presentation, starting out with the basics of fair housing.
“Fair housing refers to laws enacted federally, statewide and locally to protect the rights of individuals and protected classes in housing related transactions,” Moore said.
"There are very serious consequences for violating the Fair Housing Act, and it's important to recognize what would be a violation of the act so that people can report discrimination when they see it."North Penn Legal Services attorney Megan Moore
“Housing-related transactions can include advertising; it can include the purchase, the sale of homes; the rental of homes.
"It can also include financing and lending. So in all of those situations, there are rights that people in protected classes have.”
Moore said the legislation came about five decades ago because of patterns of discrimination in mortgage lending, as well as landlord-tenant disputes.
“And this is an important topic," Moore said. "There are very serious consequences for violating the Fair Housing Act, and it's important to recognize what would be a violation of the act so that people can report discrimination when they see it."
Protected classes under the federal Fair Housing Act include race, color, religion, sex, national origin, disability and familial status. In some areas across Pennsylvania, age also can be a protected class.
Who the laws affect, and how
People who may be liable under the act include owners, landlords, housing authorities and other federally subsidized housing providers, property managers, maintenance staff, lenders, real estate agents and insurance providers.
Those individuals could also be found liable if they witness a colleague violating the act, Moore said.
“An example of a violation of this provision could be including a statement in an advertisement that a home is ideal for young professionals. At first glance, that doesn't sound all too bad, but it might prevent some people who are not in that class from applying.”North Penn Legal Services attorney Megan Moore
Moore stressed that certain properties may be exempt from the act, or could be exempt under federal law but still held to the standards of state or local acts.
Some examples of actions prohibited by the act include refusing to rent or sell to a member of a protected class for a biased reason.
But also, setting different terms, conditions or privileges for the sale or rental of housing for people in protected classes, threatening or intimidating anyone for exercising a fair housing right or helping someone else do it and even lying about or misrepresenting the availability of housing.
Even expressing a preference for a buyer or renter could be a violation, Moore said.
“An example of a violation of this provision could be including a statement in an advertisement that a home is ideal for young professionals,” Moore said.
“At first glance, that doesn't sound all too bad, but it might prevent some people who are not in that class from applying.”
Disability protections
Moore discussed protections intended specifically for those with disabilities.
That includes anyone with a physical or mental disability which substantially impairs one or more major life activities, such as seeing, hearing, speaking or walking.
“If a person falls into that category, they also have the right to request disability related changes to their dwelling, and that can be called a reasonable accommodation or a reasonable modification,” Moore said.
“And the purpose of the reasonable accommodation or modification is to allow that individual with a disability to have the same full use and enjoyment of their dwelling as someone without that disability.”
Accommodations are changes, exceptions or adjustments to a rule, policy or practice — such as letting a tenant keep a service animal or support animal even if the location has a no-pet policy.
Modifications are requests for a structure change to the dwelling, which can be applied to an individual unit or a common area.
Dealing with tenant needs
The cost of modifications usually fall on the tenant, unless there is a federal subsidy, Moore said.
Furthermore, structures built after March 13, 1991, are required to have some accessibility measures built in, and if they are not present, the owner would be responsible for the cost.
“An example we have here is installing grab bars in a bathroom for a tenant who needs assistance getting up and down, or allowing a tenant with a memory or attention disorder to install an automatic faucet so as to prevent flooding when forgetting to turn that faucet off,” Moore said.
Moore said both accommodations and modifications should be submitted in writing. A response should be issued within one to two weeks.
If the landlord or owner denies the request, they must engage in a process to hash out an alternative to meet the tenant’s needs.
Both instances must be considered “reasonable,” and can be denied for reasons such as causing an undue financial and administrative burden to the housing provider.
Organizations that can enforce the act include the Office of Fair Housing and Equal Opportunity, the Pennsylvania Human Relations Commission and local organizations such as HOME Easton or the Redevelopment Authority.
Retaliation against some for exercising a fair housing right or participating in an investigation — such as raising rent, disconnecting utilities or threatening to do so — are prohibited under the act.
If a tenant feels his or her fair housing rights were violated, they should contact law enforcement if they feel they are in danger, document any communication related to the case, seek out legal advice and make a complaint to an enforcement agency, Moore said.
Evictions
Moore said that when it comes to evictions, the Landlord and Tenant Act of 1951 “is the bible that governs all residential evictions of tenants and the obligations of landlords.”
Additional laws may also apply, he said.
“Know what your obligations are, so that you don't violate the lease and find yourself in a situation where you're going to be evicted.”North Penn Legal Services attorney Megan Moore
“Read your lease, know what it says, know what rights you may be waiving, and know what rights you have under your lease,” Moore said.
“Know what your obligations are, so that you don't violate the lease and find yourself in a situation where you're going to be evicted.”
The eviction process starts with a landlord serving a notice to quit prior to filing in court, unless this is waived by the lease.
Next, the landlord files a complaint at the local District Court. Then a hearing is set where a landlord has to establish grounds for eviction and a tenant can present a defense.
Judgments in favor of the landlord can permit the eviction, or the tenant can pay off the judgment within a certain time period to avoid eviction.
Judgments in favor of the tenant can include a dismissal of the case, with or without the ability for the landlord to refile.
If the eviction goes through, a constable may only provide a very limited time — sometimes even only 10 minutes — for a tenant to clear out the apartment.
So Moore advised “that the tenant take everything that's important to them out before the eviction, if possible: important documents, medication, money, irreplaceable items, so that you're ensuring that you have those items with you.”
'Good step in the right direction'
After the presentations, Moore responded to questions about fair housing, protected classes and how to navigate the legal process, including getting an interpreter for those who don't speak English.
Guests seemed pleased with the first session.
Jacob Behler said he appreciated learning about resources for those in need.
“And I think a lot of people do really need to know their rights. ... I think it's very important that these resources are known, particularly when you do have, like, people who are vulnerable and will not very likely be able to navigate this process."Resident Jacob Behler
“I've seen quite a few situations where someone's like, quasi-homeless, and they don't actually have an eviction,” Behler said.
“And I think a lot of people do really need to know their rights. ... I think it's very important that these resources are known, particularly when you do have, like, people who are vulnerable and will not very likely be able to navigate this process.
“So you know, having available resources in English and in Spanish, and having as many methods of outreach as possible for these populations is necessary.
"This is a good step in the right direction, and it gives us something to share.”
Additional workshops in the series have been scheduled for 6 p.m. Feb. 12 at the Greater Shiloh Church, and 6 p.m. March 12 at the Presbyterian Church of College Hill.
The intent also is to also stream the meetings.
