Does the Law Protect Against Discrimination Based on Religion?

Definition of Religious Discrimination
Religious discrimination involves treating a person unfavorably because of his or her religious beliefs. The law protects not only people who belong to traditional, organized religions, such as Buddhism, Christianity, Hinduism, Islam, and Judaism, but also others who have sincerely held religious, ethical or moral beliefs. Religious discrimination can also involve treating someone differently because that person is married to (or associated with) an individual of a particular religion or because of his or her connection with a religious organization or group.


Types of Protections from Religious Discrimination
State and federal law forbid discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment. State and federal law also prohibit discrimination in the area of housing, including rental units, purchase of property, housing loans, and property insurance. Iowa law also protects people from discrimination and harassment in the areas of public accommodation (public buildings and services), credit, and education.


Information courtesy of the U.S. Equal Employment Opportunity Commission, U.S. Department of Housing and Urban Development, and the Iowa Civil Rights Commission.

What are the Three Main Types of Lending Discrimination?

1) Disparate Treatment: Mortgage application is denied because of consideration of the applicant’s race or other protected characteristic.

Rejected Applicant (Plaintiff) must show:
   (1) Membership in a protected class
   (2) He or she applied for and was qualified for a loan with a lending institution;
   (3) The loan was rejected despite his or her qualifications; and
   (4) The lending institution continued to approve loans for applicants with similar qualifications.

Testers (similarly situated applicant, not a member of plaintiff’s protected class) are often utilized to prove disparate treatment.

2) Disparate Impact: A lending institution’s facially neutral policy has a significant and adverse affect on a group of people made up of one or more protected characteristics. There must be a causal connection between policy and adverse affect.

Criteria for evaluating disparate impact claims:
   (1) The strength of the plaintiff's statistical showing;
   (2) The legitimacy of the defendant's interest in taking the action complained of;
   (3) Some indication-which might be suggestive rather than conclusive-of discriminatory intent; and
   (4) The extent to which relief could be obtained by limiting interference by, rather than requiring positive remedial measures of, the defendant.

3) Redlining: The practice of using certain, protected neighborhood characteristics as a basis for declining to lend to a borrower who wishes to purchase a home in that neighborhood. Can be very difficult to prove as companies are allowed to make smart business decisions in declining loans. Deference is typically given to the lender.

Reverse Redlining: The practice of approving loan applications for homebuyers in a protected class in a predatory manner. This practice is attributed as a major cause of the recent housing market collapse.

What Does the Fair Housing Amendments Act of 1988 Say about Service and Emotional Support Animals?

Three Classes of Animals

1. Pets are animals living with owners for purposes of love, affection, and company.
2. Emotional Support Animals provide some therapeutic benefit to persons with mental or psychiatric disability, requiring no specific training. The mere presence of this animal mitigates the effects of the emotional or mental disability.
3. Service Animals are any animal individually trained to do work or perform tasks for the benefit of an individual with a physical, intellectual, or mental disability (i.e., guiding individuals with impaired vision, providing protection or rescue work, pulling a wheelchair, or fetching dropped items.)

Fair Housing Amendments Act of 1988

• Refusal to make reasonable accommodations in rules, policies, practices, or services when necessary to provide equal opportunity to use and enjoy a residential dwelling is discriminatory (i.e., waiver of a "no pets" rule.
• Landlords must modify said policies, practices, or procedures to permit an individual with a disability to use, own, and live with a service and/or emotional support animal when doing so is necessary to provide a tenant an equal opportunity to use and enjoy the dwelling.
• Persons who wish to obtain and live with an emotional support or service animal may have to present documentation from a physician, psychiatrist, social worker, or other mental health professional that the animal provides support which mitigates at least one identified symptom of the disability.
• Landlords cannot:
• Ask a tenant to pay a deposit, fee, or surcharge in exchange for having a service or emotional support animals, even if they require such a practice from owners who wish to obtain pets in their dwelling.
• Require that an emotional support animal have any specific training.
• Require the service or emotional support animal to wear or carry any special collar, harness, vest, emblem, or other means of identifying as such.
• Inquire about the extent of the disability or ask for detailed medical records for the individual requesting the service or emotional support animal.
• A person with a disability may, however, be charged for damages caused to the premises by their emotional support or service animal.

What Types of Reasonable Accommodations in Terms of Parking are Available for People with Disabilities?

State and Federal Fair Housing Laws Dealing with Parking for People with Disabilities
When a resident with a disability that limits or restricts his or her mobility complaints to his or her property manager about the lack of suitable parking or requests suitable spaces, the resident is requesting a reasonable accommodation. Under State and Federal Fair Housing laws, the property manager is obligated to make the accommodation to their policies or services:

• By designating additional spaces beyond the minimum required by State parking law, if reasonable and necessary to afford the resident an equal opportunity to use and enjoy his or her dwelling unit.
• By assisting with the enforcement of the designated parking spaces in order that the residents with disabilities have use of those spaces.
• Making other modifications to its (parking) policies and procedures if reasonable and necessary to afford the resident an equal opportunity to use and enjoy his or her dwelling unit.

To ensure that a housing complex is meeting both the requirements of the law and the needs of its residents, the property manager can request information about parking needs, including the need for a 'persons with disabilities' parking space at the time that the lease is entered. In this manner, the property manager will have current, accurate information with which to designate spaces for its residents and guests. In the interim, property managers may choose to use a survey in which they ask each resident to report the number of persons in their household, as well as the number of their visitors, who require designated parking as the basis for setting the number needed.

Remember, the State law that mandates parking for persons with disabilities sets a minimum number, not a maximum number.

How Many Parking Spots Must Property Managers Provide for People with Disabilities?

Lack of parking for persons with disabilities
For a person with a disability that limits or restricts their mobility, lack of sufficient parking can be a significant barrier to the full use and enjoyment of their dwelling. Lack of sufficient parking for people with disabilities at a housing complex can also be a violation of State parking law, as well as State and Federal Fair Housing Laws. A resident with a disability who has a DOT parking permit who cannot find an available 'persons with disabilities parking psace' or other suitable parking is effectively denied housing based on disability.

State parking law
State law mandates designated public parking for persons with disabilities. The law sets forth location, dimension, and designation requirements, as well as the dimension of access aisles along side the parking spaces. The law applies to off-street parking provided by public accommodations, such as retail stores and government agencies, as well as multi-family housing, such as apartments or condominiums.

• For property managers who provide ten or more resident parking spaces, they must designate at a minimum one parking space for persons with disabilities, as needed, for each dwelling unit housing a persons with a disability.
• Each of those designated spaces must meet the law's location, dimension, and designation requirements.
• If the property manager provides separate parking for visitors, then the manager must meet the number requirement for 'off-street parking facilities.' That number requirement is based on the number of total spaces offered. (Example: A property manager that offers 10-25 spaces for visitors must designate one of those spaces for persons with disabilities.)
• Where parking for residents and visitors is combined, the property manager should combine the number required for residents with disabilities with the number required for visitors to arrive at the minimum number required by State parking law.

What are Reasonable Occupancy Standards for Housing in Iowa?

Occupancy Standards
Landlords may set reasonable occupancy standards for housing units, but landlords may not set standards stricter than the local housing code. If a locality does not have an occupancy code, the current guideline of the U.S. Department of Housing and Urban Development (HUD) is two persons per average-sized bedroom, taking into consideration the size and configuration of the unit as a whole. Landlords may limit a one-room efficiency apartment to one person. The occupancy standard is based on a "person," not on whether the person is an adult or a child or male, female, or transgender.

Mobile home parks may not set a limit of a certain persons per lot. The occupancy standard should be based on the number and size of the bedrooms in the mobile home. An exception could be made if the mobile home park can show that their service systems, such as water and sewer, cannot accommodate more resident.

Fair Housing Laws

What Laws Protect You From Housing Discrimination?

Local: Many cities have local civil/human rights agencies prohibiting housing discrimination. Contact your local city hall for information.

State: The "Iowa Civil Rights Act" (Iowa Code 216) prohibits housing discrimination based on race, color, sex, sexual orientation, gender identity, religion, national origin, mental disability, physical disability, and familial status (presence of children in the home).

Federal: The Federal Civil Rights Act of 1866 prohibits discrimination in housing because of race or color. The Civil Rights Act of 1968, Title VII, and the Fair Housing Amendments Act of 1989 prohibit discrimination in housing because of race, color, sex, religion, national origin, disability, and familial status.

Familial status, or presence of children in the home, protects families with children under 18 years of age. Also protected are families seeking custody of a child or expecting the birth of a child. There is only a narrow exception to this part of the law: units designated as "housing for older persons."

Property owners are required by law to allow reasonable modifications to a property (at the tenant's expense) and to make reasonable accommodations in policies in order to accommodate the needs of persons with disabilities.

Service Animals in Housing and Public Places

Are There Guidelines about Service Animals in Housing and Public Places in Iowa?

Federal, state, and some local laws require that housing providers and places normally open to the public must allow trained service animals to accompany people with disabilities onto the premise. This includes businesses, agencies, government offices, health clinics, and covered dwellings.

A service animal is any animal that has been trained to perform tasks for the benefit of a person with a disability. Under the law, a service animal is not considered a pet. Dogs are the most common service animals, but other species (miniature horses, monkeys, birds, cats, etc.) also can be service animals. Service animals can perform many types of tasks for someone with a disability.

Guide dogs are used by people who are blind or visually impaired. Other service animals are trained to alert a deaf person to sounds, to alert an individual with seizure disorder to an oncoming seizure, to carry and pick up things for someone who uses a wheelchair, or to help with balance, with example.

There are no legal requirements for service animals to be specifically identified. Some (but not all) service animals wear special vests and harnesses. Some (but not all) are licensed or "certified" and/or have identification papers.

"No pets" policies do not apply to service animals. You must make an exception for them.

Responsibilities:

• Businesses cannot require a person with a disability to show proof of a disability or certification of a service animal's status. They may ask a person with an animal if it is a service animals required because of a disability, if they are not certain that an animal is a service animal. Housing providers may request verification if the disability or need for the service animals is not obvious or otherwise known.
• Businesses and housing providers cannot restrict the areas where a service animal may go. A service animal must be allowed to accompany a person with a disability everywhere that people may normally go, unless the animal's presence creates a basic change to your business operation or threat to safety.
• Businesses and housing providers cannot restrict access to service animals because of health regulations. The Americans with Disabilities Act (ADA) takes priority over local and state laws or regulations. The only exception is a hospital operation room; however, patient rooms are not restricted.
• Businesses may exclude a service animal from the premises when its behavior poses a direct threat to the health or safety of others. Businesses do not have to accommodate a service animal when doing so would result in a fundamental alteration to the nature of the business.