May 4, 2020
FAIR HOUSING IN THE COVID-19 CRISIS
INFORMATION AND GUIDANCE FOR HOUSING PROFESSONALS
FROM THE FAIR HOUSING CENTER
The COVID-19 pandemic has impacted every Ohioan. The Fair Housing Center has found that this crisis
harms vulnerable black and Latinx Ohioans disproportionately. The pandemic brings to light critical concerns
related to housing discrimination including harassment or other discrimination against Asian people, people
who have tested positive for COVID-19 or who are suspected of having it, and other protected classes. Civil
rights provided under the Fair Housing Act help protect Ohioans during this crisis. The Fair Housing Center
provides the following guidance to help housing providers comply with fair housing laws during the COVID-
19 crisis.1
T ABLE OF CONTENTS
The COVID-19 crisis is disparately harming black and Latinx Ohioans ..................................................................... 2
Problematic housing practices during the crisis ............................................................................................................. 3
These practices have a greater impact on black and Latinx Ohioans......................................................................... 3
The Fair Housing Act helps protect Ohioans during this crisis .................................................................................... 4
COVID-19 as a disability and reasonable accommodations ........................................................................................ 4
Harassment and other discrimination.............................................................................................................................. 5
National Origin Discrimination ...................................................................................................................................... 5
Sexual Harassment in Housing ....................................................................................................................................... 5
Policies or Practices that Harm Black and Latinx Persons During the Crisis ........................................................... 6
Key Takeaways ..................................................................................................................................................................... 7
1This guidance is provided for educational purposes and represents The Fair Housing Center’s interpretation of best practices during the
COVID-19 crisis, not legal advice.
THE COVID-19 CRISIS IS DISPARATELY HARMING BLACK AND LATINX OHIOANS
It is no secret that minorities in the United States face worse health outcomes than whites. The COVID-19
pandemic has exposed longstanding health inequities in neighborhoods of color. These inequities, caused by
decades of systemic discrimination and patterns of segregation, mean that black and Latinx residents are less
likely to have access to affordable healthcare and other vital resources, while also experiencing higher levels
of exposure to health hazards resulting from poor quality housing, air, and water. People of color face a greater
risk of contracting COVID-19 while also lacking access to the social, financial, and healthcare supports that
are necessary to successfully recover.
The COVID-19 crisis particularly harms black and Latinx Ohioans. As of April 24, 2020, the Ohio
Department of Health estimated that 22% of COVID-19 cases affected black Ohioans.2 Census estimates for
Ohio indicate that blacks comprise 13% of Ohio’s population. COVID-19 impacts Ohio’s black population at
about double their portion of the population. By comparison, 50% of COVID-19 cases impacted whites, though
whites comprise more than 80% of Ohio’s population. COVID-19 is more likely to harm Latinx Ohioans as
compared to whites as well. The Ohio Department of Health reports that about 4% of COVID-19 cases affected
Latinx Ohioans, while Latinx Ohioans comprise about 3% of the total population of Ohio.
The economic impact of the crisis will also very likely impose a disproportionate harm on black and Latinx
Ohioans. In other words, the crisis not only directly impacts minorities with a greater likelihood of infection,
it also imposes a greater likelihood of economic harm on black and Latinx Ohioans. This economic impact may
lead to an inability to make rental payments and other expenses necessary to maintain housing.
The Fair Housing Act protects all citizens. During this COVID-19 crisis, we expect that there will be a
greater civil rights impact on vulnerable minority populations, and offer guidance on how you may be sure you
are complying with fair housing civil rights laws.
2The Ohio Department of Health, COVID-19 Dashboard (April, 2020), available at https://coronavirus.ohio.gov/wps/portal/gov/covid-
19/dashboards/key-metrics/cases
2
PROBLEMATIC HOUSING PRACTICES DURING THE CRISIS
The Fair Housing Center frequently receives requests for assistance from people who face housing
discrimination, and those in landlord-tenant disputes. The Fair Housing Center also regularly communicates
and shares information with other fair housing organizations and others in the housing industry. The
following practices have been reported to The Fair Housing Center related to the COVID-19 crisis:
• Landlords refusing to make repairs, even where they are urgently needed
• Landlords pursuing “self-help” evictions including utility shut-offs
• Sudden, drastic rent increases
• New leases required when tenants had been month-to-month for years
• Laid-off workers living at extended-stay hotels being forced to leave
• Landlords threatening eviction after tenants disclose testing for COVID-19
• Landlords trying to require reports from tenants on travel and illnesses
• Landlords locking shared laundry rooms
• Landlords reporting a tenant’s illness to other tenants in buildings
• Tenants concerned about potential loss of housing choice voucher benefits if they cannot find
housing within the voucher tolling period
• Landlords charging interest on unpaid rent where the lease does not provide for such fees
• Landlords prohibiting visitors of any kind
The Fair Housing Center understands that this crisis is difficult for everyone. We ask that you refrain from
these practices, and find creative ways to continue to do business and keep yourselves and your tenants safe.
THESE PRACTICES HAVE A GREATER IMPACT ON BLACK AND LATINX OHIOANS
In Ohio, though blacks represent only 13% of the total population, they comprise 24.5% of all renters in
Ohio. Latinx Ohioans comprise about 3.9% of Ohio’s population and 4.7% of all renters. By comparison,
whites comprise about 80% of Ohio’s population but only 68.2% of renters.
3
THE FAIR HOUSING ACT HELPS PROTECT OHIOANS DURING THIS CRISIS
The Fair Housing Act can provide an important resource to protect Ohioans during this crisis.
COVID-19 AS A DISABILITY AND REASONABLE ACCOMMODATIONS
The Fair Housing Act prohibits landlords and other housing providers from discriminating against tenants
with disabilities. The Act defines a person with a disability as someone who has a physical or mental
impairment that substantially limits a major life activity, a record of having such impairment, or someone who
is perceived to have an impairment.3 Diagnosis of a disease, like COVID-19, is not always a disability under
the Act, but it can be if, for example, the disease limits a major life activity or the person is regarded as having
such an impairment. 4
• Housing providers should not discriminate against persons with COVID-19 in leasing,
evicting, or other policies or practices.
In addition, the Fair Housing Act prohibits landlords from asking whether an individual has a disability
or about the type or severity of a disability.5 This includes applicants and current tenants.6
• Questions about exposure to COVID-19 or whether the person was tested for COVID-19
likely violate the Fair Housing Act.
Finally, persons with disabilities may request reasonable accommodations under the Fair Housing Act. A
reasonable accommodation is a change in a housing provider’s rules, policies, or practices that are necessary
for a person with a disability to enjoy the housing.7 For example, a tenant disabled by COVID-19 could request
a room with an additional bedroom to help maintain better social distancing.
• Persons disabled by COVID-19 may make requests for reasonable accommodations, just
as other persons with disabilities may.
3 42 U.S.C. § 3602(h)
4 See e.g., Marriot Senior Living Services, Inc. v. Springfield Tp., 78 F. Supp. 2d 376, 379 n.2 (E.D.Pa. 1999)( though old age itself is not a
disability per se, elderly people who can no longer live safely on their own covered under the Act).
5 24 C.F.R. § 100.202(c)
6 See, e.g., Joint Statement of the Department of Housing and Urban Development and the Department of Justice: Reasonable
Accommodations Under the Fair Housing Act, questions 16-18.
7 42 U.S.C. § 3604(f)(3)(B).
4
HARASSMENT AND OTHER DISCRIMINATION
NATIONAL ORIGIN DISCRIMINATION
Some media outlets have reported discrimination based on national origin based on the false assertion
that persons from Asia, or people of Asian descent, are responsible for the COVID-19 crisis. Under the Fair
Housing Act, it is illegal to refuse to lease, sell, finance or insure property based on a person’s national origin.
• Do not refuse to rent to a person of Asian heritage or simply because that person is
Asian.
SEXUAL HARASSMENT IN HOUSING
As the COVID-19 crisis jeopardizes the ability of tenants to pay rent, and otherwise destabilizes housing,
we have seen that some housing providers have taken advantage of these vulnerabilities through sexual
harassment. HUD's regulations interpreting the Fair Housing Act recognize both “quid pro quo” and “hostile
environment” sexual harassment as illegal.8
• If a housing provider requests sex in exchange for housing, the housing provider
violates the Fair Housing Act.
• Or, if a housing provider creates a hostile environment through sexual harassment,
they may also violate the Fair Housing Act.
The landlord can be “vicariously liable for a discriminatory housing practice by [its] agent or employee
….”9 In other words, if a property manager on site takes advantage of the housing instability caused by the
COVID-19 crisis, the owner of the property may be liable.
8 24 C.F.R. § 100.600(a)
9 24 C.F.R. § 100.7(b)
5
POLICIES OR PRACTICES THAT HARM BLACK AND LATINX PERSONS DURING THE
CRISIS
Acts can sometimes have unintended consequences. A housing provider violates the Fair Housing Act
when its policies or practices in response to COVID-19 have a discriminatory effect, even when the provider
had no intent to discriminate. Where a policy or practice has a disparate impact on individuals of a particular
race, national origin, or other protected class, such policy or practice is unlawful under the Fair Housing Act
if it is not necessary to serve a substantial, legitimate, nondiscriminatory interest of the housing provider, or
if such interest could be served by another practice that has a less discriminatory effect.10
• Housing providers should exercise caution when invoking policies or practices
regarding the COVID-19 crisis, since they could disparately impact black and Latinx
persons.
VIOLATIONS OF THE CARES ACT COULD ALSO VIOLATE THE FAIR HOUSING ACT
In March 2020, Congress enacted the CARES Act which temporarily prohibits some landlords from
evicting and charging fees or other penalties for nonpayment of rent.11 Generally, tenants living in federally
subsidized housing or housing with a federally-backed mortgage, such as Fannie Mae or Freddie Mac, are
covered by the CARES Act protections. It is unclear how and to what extent the government will enforce the
CARES Act protections. But if a landlord’s violation of the CARES Act also disparately impacts black and
Latinx persons, the tenant may be able to challenge the practice under the Fair Housing Act. For instance, if a
landlord chooses to violate the CARES Act and charge fees for nonpayment of rent that disproportionately
impact black or Latinx renters, the policy could also violate the Fair Housing Act.
1024 C.F.R. § 100.500; accord Texas Dep’t of Hous. & Cmty. Affairs v. Inclusive Cmtys. Project, Inc., 135 S. Ct. 2507 (2015).
11“During the 120-day period beginning on the date of enactment of this Act, the lessor of a covered dwelling may not—(1) make, or cause to be
made, any filing with the court of jurisdiction to initiate a legal action to recover possession of the covered dwelling from the tenant for
nonpayment of rent or other fees or charges; or (2) charge fees, penalties, or other charges to the tenant related to such nonpayment of
rent.”116 P.L. 136, 2020 Enacted H.R. 748, 116 Enacted H.R. 748, 134 Stat. 281, 116 P.L. 136, 2020 Enacted H.R. 748, 116 Enacted H.R. 748,
134 Stat. 281; “A multifamily borrower that receives a forbearance under this section may not, for the duration of the forbearance—(1) evict or
initiate the eviction of a tenant from a dwelling unit located in or on the applicable property solely for nonpayment of rent or other fees or
charges; or(2) charge any late fees, penalties, or other charges to a tenant described in paragraph (1) for late payment of rent.”Id.
6
KEY TAKEAWAYS
• Housing providers cannot discriminate against persons
Persons with COVID-19 with disabilities that limit a major life function, which
or perceived as such could include persons with COVID-19.
are likely protected by • Persons with COVID-19 may request reasonable
the Fair Housing Act accommodations to change policies or practices
necessary to accommodate their disability.
Housing providers
cannot ask about • The Fair Housing Act prohibits landlords from asking
whether an individual has a disability or about the type or
COVID-19 testing or severity of disability.
diagnosis
Housing providers
cannot take advantage • The Fair Housing Act prohibits landlords and other
of the housing housing providers from quid pro quo sexual harassment
instability caused by or from creating a hostile environment through sexual
the crisis through harassment.
sexual harassment
Housing providers
cannot discriminate • The Fair Housing Act prohibits landlords from
discriminating against persons based on the false
based on national assertion that Asian people caused the pandemic.
origin
