Stop discrimination against the mentally ill in housing. It can land one in bad housing
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Stop allowing the FHAA of 1988 to be violated causing the placement of mentally ill to be deprived of safe, decent and sanitary housing, placing them in housing that is NOT SAFE, DECENT AND SANITARY. The Fair Housing Amendment Act of 1988 makes it illegal to make housing unavailable for people who have mental disabilities. My son was deprived of safe, decent and sanitary housing to live in a group home that was operated in violation of the North Carolina Rules for licensed group home operation(Proven) The below are just a few laws that are also violated when discrimination is found(Civil rights violations) in denying fair housing to people who have a mental disability. Housing was made unavailable for my son because he has a mental disability which was proven in a court of law(Proven). This illegal discrimination landed him in a group home that received complaints that lead to substantiation including being driven around in a vehicle by a worker who is now accused of raping a mentally ill woman in a group home that is owned and operated by his wife and who was the substitute parent of the woman that he raped. This accused rapist also worked for the postal system. This is currently in the news.
"Some" laws that are violated when one who has mental illness is illegally deprived of housing:
Fair Housing Amendments Act of 1988
The North Carolina fair housing laws
The United States Constitution
Section 504 of the Rehabilitation Act of 1973
Americans with Disabilities Act of 1990 --Title III-Public
Fair Housing Rights of Persons with Disabilities
THE BELOW IS JUST A "LITTLE" ABOUT THE FAIR HOUSING RIGHTS OF PERSONS WITH DISABILITIES Title VIII of the Civil Rights Act of 1968 together with the Fair Housing Amendments Act of 1988, is called the Fair Housing Act. In addition to design and construction requirements, the Fair Housing Act also deals with general prohibitions against discrimination based on disability in the sale or rental of most housing, reasonable accommodations in a housing provider’s rules and policies, and reasonable modifications of an apartment, due to a person’s disability. Furthermore, besides discrimination based on disability, the Fair Housing Act prohibits discriminatory housing practices based on race, color, religion, sex, familial status, and/or national origin.
The Fair Housing Act uses the term “handicap” instead of “disability.” Under the Act, “handicap” means, with respect to a person, or mental impairment which substantially limits one or more major life activities; a record of such an impairment; or being regarded as having such an impairment. This term does not include current, illegal use of or addiction to a controlled substance. “Physical or mental impairment” includes:
any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genito-urinary; hemic and lymphatic, skin; and endocrine; or
any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.99
The term “physical or mental impairment” includes, but is not limited to, such diseases and conditions as orthopedic, visual, speech and hearing impairments, cerebral palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, Human Immunodeficiency Virus (HIV) infection, mental retardation, emotional illness, drug addiction (other than addiction caused by current, illegal use of a controlled substance) and alcoholism.100
“Major life activities” means functions such as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.101
GENERAL PROHIBITIONS AGAINST DISABILITY DISCRIMINATION
The Fair Housing Act states that it is unlawful to discriminate in the sale or rental, or to otherwise make unavailable or deny, a dwelling to any buyer or renter because of a handicap of:
that buyer or renter;
a person residing in or intending to reside in that dwelling after it is sold, rented, or made available; or
any person associated with that person.102
In addition, it is unlawful to discriminate against any person in the terms, conditions, or privileges of the sale or rental of a dwelling, or in the provision of services or facilities in connection with such dwelling, because of handicap.103 Prohibited actions include:
using different provisions in leases or contracts for sale, such as rental charges, security deposits, lease terms, down payment, or closing requirements, because of handicap;
failing or delaying maintenance or repairs of sale or rental dwellings, because of handicap;
failing to process an offer for the sale or rental of a dwelling or to communicate an offer accurately because of handicap;
limiting the use of privileges, services, or facilities associated with a dwelling because of the handicap of an owner, tenant, or a person associated with him or her; or
denying or limiting services or facilities in connection with the sale or rental of a dwelling because a person failed or refused to provide sexual favors.104
The Fair Housing Act also makes it unlawful to make an inquiry to determine whether an applicant for a dwelling (or a person intending to reside in that dwelling after it is sold, rented, or made available or any person associated with that person) has a handicap. Furthermore, you cannot make an inquiry as to the nature or severity of a handicap of such a person. Thus, housing providers cannot ask certain questions during the application process. For example, housing providers cannot ask whether a disabled person is capable of living independently, what treatments or medications he/she requires, or whether he/she has ever seen a psychiatrist.
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