Supreme Court of AZ Authorizes Fair Housing Initiatives Program Employees To Represent Aggrieved Persons In Fair Housing Cases

Phoenix, AZ – June 5, 2024 – In a milestone judgment, the Supreme Court of Arizona has issued Administrative Order No. 2024-89, granting employees of Fair Housing Initiatives Program (FHIP) organizations, like Southwest Fair Housing Council (SWFHC), the authority to represent aggrieved individuals in administrative proceedings. This order, requested by the Civil Rights Division of the Arizona Attorney General's Office, aims to improve access to justice for individuals facing housing discrimination and instability.

Under the new directive, SWFHC employees can now provide representation, advice, and assistance to alleged victims of housing discrimination during the Division's fair housing investigations, mediations, and conciliations. FHIP organizations, recognized as qualified fair housing enforcement bodies under 24 CFR § 123.103, possess the necessary federal qualifications to conduct fair housing testing, investigate violations, and advocate for enforcement rights on behalf of aggrieved persons.

This significant development aligns with the Strategic Agenda goal of enhancing access to justice for underrepresented communities. By allowing FHIP employees to represent individuals, the regulatory barriers previously imposed by rules governing the unauthorized practice of law have been effectively removed.

"This decision marks a pivotal step forward in our fight against housing discrimination," said Jay Young, Executive Director of SWFHC. "Empowering SWFHC employees to represent aggrieved individuals ensures that victims of discrimination have the support and representation they need to achieve justice and stability in their housing situations."

The order stipulates that for representation to occur, the aggrieved person must agree to be represented by the FHIP organization. Additionally, the FHIP organization must be a Private Enforcement Initiative (PEI) grantee in good standing and funded by the U.S. Department of Housing and Urban Development (HUD) at the time of representation. The representative must also be employed by the FHIP organization during the time of representation.

This groundbreaking authorization is expected to significantly bolster efforts to combat housing discrimination in Arizona, ensuring that those affected have the necessary support and representation to navigate legal processes and achieve justice.

For more information, please contact:

Southwest Fair Housing Council (SWFHC)
Phone: (520) 798-1568
Email: info@swfhc.com
Website: www.swfhc.com

About SWFHC
The Southwest Fair Housing Council promotes fair housing and equal opportunity through education, advocacy, and enforcement. We strive to eliminate discrimination in housing and provide resources to ensure all individuals have access to safe and affordable housing.

Southwest Fair Housing Council Champions Rights for Assistance Animal Owners in Arizona

Tucson, AZ – Southwest Fair Housing Council (SWFHC) reaffirms its commitment to upholding and educating the public on the protections of the Fair Housing Act, particularly regarding the rights of individuals with disabilities to live with their assistance animals in Arizona. As a community resource, SWFHC provides crucial support and advocacy to enforce these protections throughout the state.

An assistance animal is not a pet but an essential part of the daily lives of many individuals with disabilities.  Unlike service animals, which are specifically trained to perform particular tasks such as guiding blind people or detecting seizures, assistance animals require no formal training. These animals perform various tasks or provide emotional support that alleviates one or more identified symptoms or effects of a person's disabilities. Their presence alone, offering comfort and support, qualifies them under the Fair Housing Act.

The Fair Housing Act mandates that housing providers make reasonable accommodations to allow individuals with disabilities to live with their assistance animals; this includes waiving no-pet policies and associated pet fees, which can often be a barrier for those needing these vital supports. 

SWFHC is dedicated to ensuring that all Arizonans understand these rights and responsibilities, providing resources and support to both housing providers and residents to foster compliance and understanding.

"Ensuring fair and equal housing opportunities for all Arizonans, including those with disabilities, is at the heart of what we do," said Jay Young, Director of SWFHC. "Assistance animals play a critical role in the lives of many individuals, and understanding the distinction between these animals and pets is crucial for respecting and implementing the protections afforded by the Fair Housing Act."

SWFHC invites all residents and housing providers to reach out for information, guidance, and support regarding the accommodation of assistance animals. The SWFHC also provides educational programs and materials to help clarify these rights and promote compliance across Arizona.

For more information, please contact:

Southwest Fair Housing Council (SWFHC)
Phone: (520) 798-1568
Email: info@swfhc.com
Website: www.swfhc.com

About SWFHC
The Southwest Fair Housing Council promotes fair housing and equal opportunity through education, advocacy, and enforcement. We strive to eliminate discrimination in housing and provide resources to ensure all individuals have access to safe and affordable housing.

Tenants Bill of Rights: A Call for a More Equitable and Just Housing System for all Arizonans

Phoenix, AZ — The William E. Morris Institute for Justice has introduced a groundbreaking initiative known as the Tenants' Bill of Rights. Its aim is to significantly enhance housing law and policy for tenants across Arizona. 

Amidst an escalating housing crisis characterized by a severe shortage of affordable housing and skyrocketing rental costs, this initiative seeks to bring substantive changes to the state's housing policy landscape, ensuring that all Arizonans have access to quality, affordable housing.

The Tenants' Bill of Rights emerges as a comprehensive roadmap for policymakers outlining changes that could significantly help countless Arizona renters grappling with the dual challenges of affordability and stability. The initiative outlines a complete set of rights and principles designed to afford tenants fair access to housing, ensure healthy and safe living conditions, and establish eviction as a last resort.

This proposal underscores a critical need for systemic reform, advocating for the advancement of new rights and the reinforcement of existing protections at both state and local levels.

Central to the Tenants' Bill of Rights is the promotion of equal justice for all tenants. It emphasizes the importance of providing every Arizonan with the opportunity to live in their chosen communities without facing discrimination or undue hardship. 

The initiative calls for a holistic approach to housing policy reform, including enhanced legal protections against unjust evictions, improved housing health and safety standards, and increased access to civil counsel for tenants facing legal challenges.

About the William E. Morris Institute for Justice:

The William E. Morris Institute for Justice is a non-profit organization dedicated to advancing social justice and fair treatment for all Arizonans through legal advocacy, research, and policy reform. Focusing on protecting the rights of low-income individuals and families, the Institute is at the forefront of efforts to create a more equitable and inclusive society.

For more information, please contact:

Southwest Fair Housing Council (SWFHC)
Phone: (520) 798-1568
Email: info@swfhc.com
Website: www.swfhc.com

About SWFHC
The Southwest Fair Housing Council promotes fair housing and equal opportunity through education, advocacy, and enforcement. We strive to eliminate discrimination in housing and provide resources to ensure all individuals have access to safe and affordable housing.

Arizona Cities Adopt Source of Income Protection: Opening the Door to Greater Housing Opportunities

ARIZONA — The cities of Tucson, Phoenix, and Tempe have taken a significant stride forward in promoting fair housing and supporting finically vulnerable individuals through the enactment of Source of Income (SOI) protection. This legislative move is pivotal in Arizona's ongoing commitment to eliminating housing discrimination based on income sources and ensuring equal access to housing for all residents.

SOI prohibits housing discrimination based on how individuals receive their income, whether through government assistance, such as Section 8, child support, social security, disability benefits, or any other lawful means. This landmark policy aims to dismantle barriers that have historically prevented vulnerable low-income populations from securing housing.

"In a time when the gap between housing availability and affordability continues to widen, adopting SOI protections is an important step in preventing discriminatory practices," said Jay Young, Executive Director of Southwest Fair Housing Council (SWFHC). "This policy ensures that all Arizonans, especially the financially vulnerable, have a fair chance at finding a home."

The enactment of SOI protections in Tucson, Phoenix, and Tempe has gone into effect this year [2024] and will likely see a positive impact on the lives of many Arizonans, offering them new opportunities to access suitable housing without the fear of discrimination. 

It is a significant victory for housing equity and a testament to the power of community advocacy and legislative action in making Arizona a more inclusive state. For more information on Source of Income protections and the efforts of the Southwest Fair Housing Council to promote fair housing across Arizona, please visit www.swfhc.org/soi or contact Tasha Lynch.

For more information, please contact:

Southwest Fair Housing Council (SWFHC)
Phone: (520) 798-1568
Email: info@swfhc.com
Website: www.swfhc.com

About SWFHC
The Southwest Fair Housing Council promotes fair housing and equal opportunity through education, advocacy, and enforcement. We strive to eliminate discrimination in housing and provide resources to ensure all individuals have access to safe and affordable housing.

Southwest Fair Housing Council Secures Landmark Legal Victory for Disability Rights in Housing

Tucson, Arizona – In a significant win for disability rights and fair housing, the Southwest Fair Housing Council (SWFHC) has successfully obtained a permanent injunction against WG Scottsdale LLC, d/b/a Atria Sierra Pointe, as ordered by United States District Judge Roseniary Mafxnlez. Following a unanimous jury verdict, this landmark decision marks a pivotal moment in the ongoing fight against housing discrimination.

The court ruling mandates comprehensive changes to ensure effective communication and accommodation for disabled individuals. WG Scottsdale LLC is now legally bound to provide auxiliary aids and services, including sign language interpreters, and to maintain detailed records of all related requests and provisions. Additionally, the company is required to create and implement a comprehensive plan of action to ensure timely access to necessary accommodations and compliance with fair housing laws.

This case stemmed from a lawsuit filed by the SWFHC, which alleged that WG Scottsdale LLC had violated the Americans with Disabilities Act (ADA), the Federal Fair Housing Act (FHA), and the Arizona Fair Housing Act (AZFHA). The jury awarded both nominal and punitive damages, recognizing the gravity of the defendant's violations.

Judge Mafxnlez's ruling emphasizes the importance of upholding the rights of individuals with disabilities within the housing sector. The court's decision underscores that failure to provide necessary accommodations constitutes a civil rights violation, warranting legal and corrective action.

"This ruling is not just a victory for the Southwest Fair Housing Council but for every individual who has faced discrimination due to their disability," said Jay Young, Executive Director of SWFHC. "It sends a clear message that housing providers must proactively ensure equal access and accommodations for all individuals, as mandated by federal and state laws."

SWFHC remains committed to advocating for fair housing practices and dismantling discriminatory barriers. This case serves as a reminder of the ongoing need for vigilance and action to protect the rights of all individuals in their pursuit of fair and equitable housing.

For more information, please contact:

Southwest Fair Housing Council (SWFHC)
Phone: (520) 798-1568
Email: info@swfhc.com
Website: www.swfhc.com

About SWFHC
The Southwest Fair Housing Council promotes fair housing and equal opportunity through education, advocacy, and enforcement. We strive to eliminate discrimination in housing and provide resources to ensure all individuals have access to safe and affordable housing.