Fair Housing Enforcement in Ohio through Substantial Equivalency

Because of “the enormity of the task of assuring fair housing,” each year Congress allocations millions of dollars under its Fair Housing Assistance Program (FHAP) to state and local agencies—like the Ohio Civil Rights Commission (OCRC)—whose state and local governments have enacted laws deemed “substantially equivalent” to the federal Fair Housing Act. 42 U.S.C. §3610(f). In fiscal year 2007, Congress allocated $26 million to the FHAP program.1

The Ohio legislature invested itself 100% in this enforcement scheme. It amended Ohio’s fair housing law in 1992 so it would be substantially equivalent to the federal Act. Included within the 1992 amendments were provisions requiring all newly constructed ground floor dwellings to be accessible to persons with disabilities. As a result of the General Assembly’s foresight, and consistent with its intent, HUD has declared Ohio’s law to be “substantially equivalent” to the federal Fair Housing Act, thus allowing Ohio’s participation in the federally funded FHAP program.

In addition, Congress designed the federal Fair Housing Act so that suits by private individuals and organizations would be the “main generating force” in vindicating a policy that Congress deemed to be of the “highest priority.” Trafficante v. Metropolitan Life Insurance Co. (1972), 409 U.S. 205, 211. To this end, each year Congress allocations millions of dollars to private fair housing groups through its Fair Housing Initiatives Program (FHIP).2 The mission of these non-profit agencies is to educate the public and the housing industry about fair housing laws, to provide counseling to those who need assistance, and to investigate allegations of discrimination in housing transactions. They have standing under federal law to sue for damages and injunctive relief cause by harm to their institutional interests. Havens Realty Corp. v. Coleman (1982), 455 U.S. 363, 378-79.

Private fair housing organizations process more than 60% of the housing discrimination complaints filed annually throughout the country.3

Read our page about four recent decisions that affect substantial equivalency and our page about federal cases that, contrary to an Ohio case, hold landlords liable for failing to take corrective action against tenants whose racial harrassment of other tenants created hostile housing environments.

Copyright 2009, Miami Valley Fair Housing Center, Inc.