Biden Administration Issues Order that May Benefit RAL Owners

On January 26, 2020, President Biden issued an Executive Order (EO) encouraging the Department of Housing and Urban Development (HUD) to redouble its efforts to implement and enforce the Fair Housing Act. The order, called the “Memorandum on Redressing Our Nation’s and the Federal Government’s History of Discriminatory Housing Practices and Policies,” indicates a commitment to take greater action to promote fair housing for all.  

Since we at PLPG focus on promoting fair housing for people with disabilities, this blog discusses the January 26th EO’s potential impact on the disabled population and assisted living providers. However, we recognize and support the goal of eliminating all discrimination and creating fair housing opportunities for all others protected by the Act.

When it comes to housing for the disabled, the EO notes that, “Although Federal fair housing laws were expanded to include protections for individuals with disabilities, a lack of access to affordable and integrated living options remains a significant problem.”

To remedy this, the Biden Administration indicates its intent to both take action to ensure fair housing and to enforce the provisions of the Fair Housing Act.

The Federal Government has a critical role to play in overcoming and redressing this history of discrimination and in protecting against other forms of discrimination by applying and enforcing Federal civil rights and fair housing laws.  It can help ensure that fair and equal access to housing opportunity exists for all throughout the United States.  . . .  This is not only a mandate to refrain from discrimination but a mandate to take actions that undo historic patterns of segregation and other types of discrimination and that afford access to long-denied opportunities.

Accordingly, it is the policy of my Administration that the Federal Government shall work with communities to end housing discrimination, to provide redress to those who have experienced housing discrimination, to eliminate racial bias and other forms of discrimination in all stages of home-buying and renting, to lift barriers that restrict housing and neighborhood choice, to promote diverse and inclusive communities, to ensure sufficient physically accessible housing, and to secure equal access to housing opportunity for all.

The EO also orders that HUD re-examine rules that were recently enacted by the Trump Administration to roll back fair housing protections.

What might this mean for owners and operators of residential assisted living (RAL) homes and other group homes for the disabled? How can this EO be applied in a manner that is most impactful when it comes to group homes for the disabled?

First, we believe that this EO conveys a decisive policy position in favor of fair housing. This reaffirms for state and local governments, and even private associations like HOAs, that fair housing is an important value in this country. While private promoters and trade groups like the Residential Assisted Living Association will still need to take the lead in educating state and local governments and HOAs about the benefits of and need for small home care models in communities, the fact that the federal government has exerted leadership to set the tone for inclusivity will certainly help break down the barriers that can make it difficult for RAL homes to be included in many neighborhoods.

We also expect that the order to step up enforcement will mean that more resources from HUD and the Department of Justice can be brought to bear to enforce violations of the Act – such as when local governments and HOAs fail to grant reasonable accommodations necessary for the disabled to live in single-family neighborhoods. This will promote compliance, as recalcitrant communities will be encouraged to follow the law or face an enforcement action.

We will provide updates as the Biden Administration acts on this newest directive. In the interim, if you have questions about how the Fair Housing Act impacts your ability to establish your RAL, please reach out to us for a free consultation.

Read the Executive Order here.