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When Carolyn and Tyrone Jones first thought
about becoming foster parents to PINS (Persons in Need of Supervision)
kids, they wanted “to give them some love and show them a different way to
be.” They did not expect that because they lived in rental housing, they
would have to challenge a state policy to make their dream possible.
Before moving their
family into their spacious new North Buffalo apartment, Mr. and Mrs. Jones
informed their landlord that they were in the process becoming foster
parents. The county agency that was handling the placement then told the
future foster parents that they were required to get the landlord’s
written approval before they would place a child in their care.
When the Joneses
requested written approval, the landlord responded by sending them a
letter stating they had until the end of the following month to vacate the
apartment due to “unforeseen difficulties.” The Joneses then contacted
HOME, a local civil rights organization that assists victims of housing
discrimination. HOME advised the Joneses that the foster care agency’s
policy appeared to violate state and federal fair housing laws.
Because the placement
agency had told them they could not be approved as foster parents if they
remained in an apartment where the landlord had not given written approval
for a PINS placement, the Jones chose not to attempt to remain in their
apartment. Instead, only two months after moving in, they reluctantly
moved out. They were forced to settle for a much smaller apartment where
they could obtain the landlord’s written approval to move in with their
new foster son. HOME then assisted the Joneses with challenging the
agency’s policy.
HOME then contacted the
foster care agency and informed them that the practice of requiring foster
parents who live in rental housing to obtain written permission from the
owner of the property before the child will be place in their care was
illegal and requested that they discontinue the policy. HOME informed the
agency that the policy violated laws prohibiting discrimination in
housing based on familial status (the presence of children under 18,
whether the child is a blood relative, adopted, or in legal custody of a
responsible adult).
The agency informed
HOME that their policy was mandated by Erie County. HOME then contacted
the Erie County Department of Probation and Youth Detention Services who
reported that the approvals were requested as the result of instructions
from the New York State Office of Children and Family Services. HOME then
contacted the State agency, which examined policies and procedures
concerning the foster parent application process and discovered that there
was no regulation requiring written permission from foster parents’
landlords in order to approve a placement. As a result of HOME’s advocacy,
this policy was discontinued and all participating agencies were told to
discontinue the practice.
“This case presents a
stunning example of how a well-intentioned government policy can have a
discriminatory effect” said Scott W Gehl, executive director of HOME.
“There are times when determined advocacy can work as well as litigation
in bringing about fair housing.” |
