FAIR HOUSING

1
FAIR HOUSING

• Equal Opportunity for All.
• We do business in Accordance With the Fair
  Housing Act
• (The Civil Rights Act of 1968, as amended by the
  Fair Housing Amendments Act of 1988)

2
THE FAIR HOUSING ACT

• Title VIII of the Civil Rights Act of 1968 (Fair
  Housing Act), as amended, prohibits
  discrimination in the sale, rental and financing
  of dwellings, and in other housing-related
  transactions, based on
• Race
• Color
• National Origin
• Religion
• Gender
• Familial Status (including children under the age
  of 18 living with parents or legal custodians
  pregnant women and people securing custody of
  children under 18)
• Disability

3
STATE AND LOCAL LAWS, TOO!

• States, cities and local municipalities may
  define more protected classes in addition to the
  seven federally protected classes. Here are some
  examples of additional classes that may be
  protected
• Creed
• Honorably discharged veteran or military status
• Marital Status
• Sexual Orientation
• Use of trained guide dog or service animal

4
Protected Classes in Arizona
FEDERAL STATE
Race Color National Origin Religion Sex Disability Familial Status Race Color National Origin Religion Sex Disability Familial Status Sexual Orientation Former Drug Alcohol Abusers (Rehabilitated drug offenders)
File within 1 year Jurisdiction United States File within 1 year Jurisdiction Arizona
The Federal Fair Housing Act, State, and Local
Fair Housing Laws exempt certain types of housing
from Coverage. Fair housing laws prohibit
retaliation- an act of harm by anyone against a
person who has asserted fair housing rights
(makes an informal discrimination complaint,
files a civil rights complaint, or is otherwise
involved in an investigation).
5
Protected Classes in New Mexico
FEDERAL STATE
Race Color National Origin Religion Sex Disability Familial Status Race Color National Origin Religion Sex Disability Familial Status Marital Status Ancestry Sexual Orientation Gender Identity Spousal Affiliation
File within 1 year Jurisdiction United States File within 1 year Jurisdiction New Mexico
The Federal Fair Housing Act, State, and Local
Fair Housing Laws exempt certain types of housing
from Coverage. Fair housing laws prohibit
retaliation- an act of harm by anyone against a
person who has asserted fair housing rights
(makes an informal discrimination complaint,
files a civil rights complaint, or is otherwise
involved in an investigation).
6
Protected Classes in Texas
FEDERAL STATE
Race Color National Origin Religion Sex Disability Familial Status Race Color National Origin Religion Sex Disability Familial Status
File within 1 year Jurisdiction United States File within 1 year Jurisdiction Texas
The Federal Fair Housing Act, State, and Local
Fair Housing Laws exempt certain types of housing
from Coverage. Fair housing laws prohibit
retaliation- an act of harm by anyone against a
person who has asserted fair housing rights
(makes an informal discrimination complaint,
files a civil rights complaint, or is otherwise
involved in an investigation).
7
Protected Classes in Washington
The Federal Fair Housing Act, state and local
fair housing laws exempt certain types of housing
from coverage.
FEDERAL STATE KING COUNTY SEATTLE TACOMA
Race Color National Origin Religion Sex Disability Familial Status Race Color National Origin Creed Sex Disability Familiar Status Marital Status Sexual Orientation Gender Identity Veteran/ Military Status Race Color National Origin Religion Gender Disability Familial Status Marital Status Sexual Orientation Gender Identity Age Section 8 Use of a Service Animal Ancestry Race Color National Origin Religion/ Creed Sex Disability Parental Status Marital Status Sexual Orientation Gender Identity Age Section 8 Political Ideology Veteran/ Military Status Race Color National Origin Religion Sex Disability Familial Status Marital Status Sexual Orientation Gender Identity Age Veteran/ Military Status Ancestry
File within 1 year Jurisdiction United States File within 1 year Jurisdiction Washington File within 1 year Jurisdiction King County File within 180 days Jurisdiction City of Seattle File within 1 year Jurisdiction City of Tacoma
The Federal Fair Housing Act, State, and Local
Fair Housing Laws exempt certain types of housing
from Coverage. Fair housing laws prohibit
retaliation- an act of harm by anyone against a
person who has asserted fair housing rights
(makes an informal discrimination complaint,
files a civil rights complaint, or is otherwise
involved in an investigation).
8
WHAT IS PROHIBITED?
No one may take any of the following actions
based on race, color, religion, gender,
disability, familial status, or national origin

• Refuse to rent the dwelling.
• Refuse to negotiate for housing.
• Make housing available.
• Deny a dwelling.
• Set different terms, conditions or privileges for
  rental of a dwelling.
• Deny and/or provide access to different housing
  services or facilities.
• Falsely deny that housing is available for
  inspection, sale or rental.

• Threaten, coerce, intimidate or interfere with
  anyone exercising a fair housing right or
  assisting others who exercise that right
• Make, print, or publish any statement, in
  connection with the rental of a dwelling, that
  indicates a preference, limitation, or
  discrimination.

9
OPPORTUNITIES FOR FAMILIES

• The Fair Housing Act makes it unlawful to
  discriminate against a person whose household
  includes one or more children who are under 18
  years of age (familial status). Familial
  status protection covers households in which one
  or more minor children live with
• A parent
• A person who has legal custody (including
  guardianship) of a minor child or children or
• The designee of a parent or legal custodian, with
  the written permission of the parent or legal
  custodian.
• Familial status protection also extends to
  pregnant women and any person in the process of
  securing legal custody of a minor child
  (including adoptive or foster parents).
• Examples of Familial Status Fair Housing
  Violations
• Setting a curfew for children.
• Exercising placement request for individuals
  without children who prefer to not reside near
  families.

10
ADDITIONAL PROTECTION IF YOU HAVE A DISABILITYIf
someone

• Has a physical or mental disability (including
  hearing, mobility and visual impairments, chronic
  alcoholism (but only if it is being addressed
  through a recovery program) cancer, chronic
  mental illness, AIDS, AIDS Related Complex, or
  mental retardation) that substantially limits one
  or more major life activities
• Has a record of such a disability or
• Is regarded as having such a a disability,
  landlords may not
• Refuse to let the individual make reasonable
  modifications to the dwelling or common use
  areas, at their expense, if necessary for the
  disabled person to fully use the housing.
• Refuse to make reasonable accommodations in
  rules, policies, practices or services if
  necessary for the disabled person to use the
  housing on an equal basis with nondisabled
  persons.
• However, housing need not be made available to a
  person who is a direct threat to the health or
  safety of others or who currently uses illegal
  drugs.

11
DEFINITION OF A DISABILITY

• The preferred term is disability however, a
  few fair housing laws use the term handicap
  interchangeably. Disability means the presence of
  a sensory, mental, or physical impairment
• Is medically cognizable or diagnosable, or
• Exists as a record or history or
• Is perceived to exist, whether or not it exists
  in fact.
• The disability exists whether it is temporary or
  permanent, common or uncommon, mitigated or
  unmitigated.
• Under fair housing laws, the definition of
  disability does not include
• Sex offenders
• Current illegal drug users (however, fair housing
  laws do protect people who are recovering from
  substance abuse.)

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Hoarding
Public Health Hazard or Disability afforded
protection under the law?

• If you find a unit that is occupied by a hoarder,
  follow these guidelines
• Never act as a social worker. Meaning, do not
  intervene.
• Document from the first day of discovery with
  detailed notes, pictures, witness statements
  until the situation is either resolved or
  remedied by the court.
• Management should meet with the resident to
  discuss a plan of action with a specific deadline
  and expectations.
• If the resident advises management that they are
  unable to remove the trash, junk, etc due to
  mental illness handicap or physical handicap we
  can request documentation from their care
  provider.
• Tread carefully though, the management is not to
  become too involved in the residents plight,
  which could cause more problems.
• Keep any documentation that may prove helpful to
  your case, including Notice to Vacates from
  neighbors if they are related to smell,
  infestation, etc.
• Never permit a staff member to assist in the
  removal of the residents trash. Only trained
  professionals should be involved due to health
  hazards.
• If the resident fails to comply with a plan of
  action to clean up the mess, Code Enforcement
  should be called. Keep in mind, Code Enforcement
  will mandate a deadline and may cite the property
  if its not met.
• If all other courses have action have been
  exhausted, file a non-rent breach of lease with
  the court and go through the motions for
  eviction.

13
ACCESSIBILITY REQUIREMENTS FOR NEW MULTI-FAMILY
BUILDINGS

• In buildings with four or more units that were
  first occupied after March 13, 1991, and that
  have an elevator
• Public and common areas must be accessible to
  persons with disabilities
• Doors and hallways must be wide enough for
  wheelchairs
• All units must have
• An accessible route into and through the unit
• Accessible light switches, electrical outlets,
  thermostats and other environmental controls
• Reinforced bathroom walls to allow later
  installation of grab bars and
• Kitchens and bathrooms that can be used by people
  in wheelchairs.
• If a building with four or more units has no
  elevator and was first occupied after March 13,
  1991, these standards apply to ground floor units
  only.
• These accessibility requirements for new
  multi-family buildings do not replace more
  stringent accessibility standards required under
  State or local law.

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REASONABLE ACCOMODATIONS
A reasonable accommodation is a change in any
rule, policy, service or practices if the changes
are needed in order for a person with a
disability to have equal opportunity to occupy
and enjoy full use of their dwelling.

• What is reasonable must be determined on a
  case-by-case basis.
• Some examples
• Providing rental forms in large print
• Providing a reserve accessible parking space near
  a residents apartment
• Allowing a resident to have a service animal in a
  no pets building and
• Permitting a resident who has developed mobility
  limitations to move to the ground floor.

15
Service Animals As a Reasonable
Accommodation

• If a resident or prospective resident advises us
  that they have a service animal, we must
  accommodate them by revising our animal policies.
• When it comes to service animals
• DO NOT charge a pet deposit
• DO NOT charge a nonrefundable pet fee
• DO NOT charge monthly pet fees
• ANY BREED is allowed (even aggressive breeds)
• ANY WEIGHT is allowed
• FULL ACCESS to any public or common area on the
  property
• However,
• The owner MUST CLEAN up after the service
  animals waste
• The owner MUST KEEP the service animal on a leash
  when in public
• The owner CAN BE charged for damages caused by
  the service animal
• The service animal CANNOT cause a disturbance to
  others
• MANAGEMENT CAN threaten to remove the service
  animal if in violation of these rules.
• Even if your property has a no pet policy,
  service animals would be the exception to the
  rule. They are always permitted and never
  subject to regulation.

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Service Animals Continued

• What if a resident or prospective resident tells
  me they have two service animals? Are they
  trying to pull a fast one? Or is this
  legitimate?
• The lease contract does not reference the number
  of support animals a person can have- and
  therefore wed have to review it ourselves on a
  case-by-case basis, being sensitive to Fair
  Housing rights of course.  But if it can be
  demonstrated that this residents request for a
  reasonable accommodation exceeds what is
  necessary (i.e. a second pet free of charge) for
  that person to have full use and enjoyment of the
  premises, well then weve made our case and can
  legally charge this person. 
•  
• If somebody has two separate disabilities, such
  as being both deaf and blind, and two different
  pets provide two distinct and separate services,
  well then we would have to allow both animals as
  service animals.  However, if a person has one
  disability requiring the service animal, such as
  needing the pet for purposes of companionship,
  than it is arguable that only one animal is
  necessary to allow full use and enjoyment of the
  facility- the second animal would be deemed
  excessive at that point. 
• As general practice, and especially when in
  doubt, do not dispute the need for a service
  animal. We are better off allowing the
  accommodation than proving our position. Its
  cheaper to forgo the pet income than be subject
  to a law suit because weve violated Fair
  Housing.

17
Service Animals Continued

• A prospective resident tells me their bird is a
  service animal. Is that right?
• Guide animalto guide the blind
• Hearing animalto signal the hearing impaired
• Service animalto do work for persons with
  disabilities other than blindness or deafness.
• Comfort animal provides companionship, reduces
  stress or anxiety, can serve a medical
  function lessening the severity of certain
  conditions
• A "service animal" for the purposes of the ADA is
  "any animal generally dog that is individually
  trained to do work or perform tasks for the
  benefit of an individual with a disability,
  including a physical, sensory, psychiatric,
  intellectual, or other mental disability. Other
  species of animals, whether wild or domestic,
  trained or untrained, are labeled more correctly
  as a comfort animal. (For example, the owner may
  feel calmer when he or she is near the pet.)
  Unlike a service animal, a comfort animal is not
  trained to perform specific, measurable tasks
  directly related to the person's disability.
  Common tasks for service animals include flipping
  light switches, picking up dropped objects,
  alerting the person to an alarm, or similar
  disability-related tasks. The Civil Rights
  Division carved out an exception to this new rule
  for miniature horses.
• There is no license or registration process for
  service animals in the United States.
• The short answer, yes the bird could be
  considered a comfort animal providing a service
  of companionship and calming to the resident.
  Helper monkeys and even miniature horses qualify
  as an animal providing a service and therefore
  subject to Fair Housing accommodations.
• Okay- so where do you draw the line? If the
  reasonable accommodation creates an undue
  hardship, or financial hardship for the owner,
  then it is no longer considered reasonable.

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REASONABLE MODIFICATIONS
A reasonable modification is a structural change
made to a residents living space or to the
common areas of a community, which is necessary
to enable a resident with a disability to have
full use of and enjoyment of the housing.

• What is reasonable must be determined on a
  case-by-case basis.
• Some examples
• Widening a doorway of a wheelchair user
• Installing grab bars in a bathroom
• Lowering kitchen cabinets to a height suitable
  for a wheelchair user
• Adding a ramp and handrails to make a primary
  entrance accessible and
• Altering a walkway to provide access to a public
  or common use area.

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WHO PAYS?

• Accommodations Fair Housing laws require that
  we bear accommodation costs that do not amount to
  an undue financial and administrative burden.
  Most accommodations are no or low cost. We may
  not require people with disabilities to pay extra
  fees or deposits as a condition of receiving a
  reasonable accommodation.
• Modifications Generally, the resident will bear
  the expense of making reasonable structural
  modifications to a property. However, if the
  property receives federal funds, the housing
  provider usually pays, unless there is financial
  and administrative hardship.

20
DID YOU KNOW?

• It is not permissible to establish higher
  deposits for families or handicapped individuals
  due to higher turnover costs incurred by the
  property at the time of move-out.
• If a disability is readily apparent, we do not
  need to request written verification from an
  individual requesting reasonable modifications or
  accommodations.
• Any alterations made by a disabled resident
  within an apartment do not need to be returned to
  their original condition upon move-out

21
FAIR HOUSING COMPLAINTS

• Who can file?
• Anyone who has been harmed! Even housing
  advocates and testers.
• How long do they have?
• 1 year keep records long enough to respond to
  complaints.
• Who can be held responsible?
• All parties related to the property. That means
  YOU!

22
GENERAL FAIR HOUSING PRINCIPLES

• Perceptions and Unintentional Impressions
• A perceived violation can be just as expensive,
  time-consuming and troublesome as an actual
  violation. You should pay attention to
  procedures, statements and written materials to
  prevent an unintentional impression that the law
  is being violated. Here are some practical tips
• Purge from your written materials any language
  that is unlawful under the fair housing statute.
  
• In the rental application process, allow anyone
  and everyone to fill out a rental application.
• Be polite and appreciative of all prospective
  residents who inquire or apply. Be as careful as
  if each applicant had a recording device and your
  Supervisor was going to play back the recording
  to test your diplomacy, sales skills and
  compliance with fair housing laws.

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GENERAL FAIR HOUSING PRINCIPLES

• Unless an applicant is quickly denied for lawful
  reasons, you need to be uniform and consistent in
  processing your applications, particularly in
  ordering credit reports, checking rental and
  criminal histories, etc. REMEMBER it is what you
  say, not what you dont say that leaves the wrong
  impression or violates the law.
• Except for the federal Fair Credit Reporting Act,
  there is no law requiring the owner to disclose
  why he has decided not to lease to the applicant.
  IMPORTANT! Except when the rejection is based in
  whole or in part on as consumer report, it is
  usually best to not tell an applicant why he or
  she is being denied.
• Retain your guest cards with notations of units
  shown, rent offered, specials, deposits, fees,
  rental applications, rules, marketing data,
  Policy and Procedures, etc., for at least two
  years.
• A fair housing complaint can be filed for up to
  one year with Housing and Urban Development (HUD)
  and two years in the federal courts after the
  alleged discrimination.

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Screening Applications

• Many applicants will inquire as to the likelihood
  of their passing the approval requirements. We
  should never create a false hope by answering in
  an affirmative way. Do not sell the screening
  process!
• Statements like these should be avoided
• Oh, youll be okay
• I dont see why you wouldnt pass
• I wouldnt fret about that
• Well if everything else is okay it will bolster
  your score such that that wont matter
• Well if thats off your record, there will be no
  issue
• Instead, use the following uniform response
• I can make no prediction as to the outcome of
  your screening report. I can, however, supply
  you with a copy of our General Rental
  Requirements form which outlines what measures
  must be met in order to reside at __________
  (Property Name).

25
Screening Applications Cont.

• If we made a statement that lead the person to
  believe they would be approved, they can
  attribute the denial as being based on a personal
  reason rather than one of being unqualified.
• For instance, I was told I had nothing to worry
  about, but then they told me I was declined. I
  know its because Im handicapped.
• Some prospective residents can be overly friendly
  and divulge too much information. If youve
  created a false hope of approval, they could link
  the denial back to a story they shared.
• For instance, I know they declined me because I
  told them about my dishonorable discharge.
• It is very important to know any additional
  protected classes in your area.

26
Maintenance and Fair Housing

• Once a resident moves in, contact with the onsite
  management is conducted mostly through the
  response of the maintenance department.
  Therefore, its especially important that
  Maintenance personnel understand Fair Housing
  principles.

• Of all the daily interactions, Maintenance Staff
  has the most interaction with residents, and that
  interaction takes place in an environment outside
  of the office. What does that mean exactly?
  You dont know whats being said, you must trust
  that they are upholding Fair Housing policies.

27
Maintenance Dos and Donts

• Fair Housing Dos
• Service requests should be taken in a
  first-in-first-out basis (serviced in the order
  they are reported) with the exception of
  emergencies
• Residents should familiarize themselves with the
  Emergency Maintenance Statement
• Service requests should be entered, processed and
  signed off in the same manner
• Communicate positively with residents. If there
  is a delay, or a part is being ordered, notify
  them.
• Keep communications and interactions privileged,
  do not share what resident tells you with another
  resident.
• Response time, thoroughness, friendliness and
  protocol must be the same for all residents.
• Adhere to the companys Standards of Conduct
  Performance outlined in the Employee Handbook as
  well as General Maintenance Personnel Policies.

• Fair Housing Donts
• DO NOT touch a residents belongings when inside
  their home, or make comments about their
  belongings or how theyve decorated their home.
• There may be religious or cultural ties.
• DO NOT tell jokes or stories that involve sex,
  race, nationality, disability or any other
  protected class.
• DO NOT make sexual comments or statements to a
  resident.
• DO NOT gossip about one resident to another
  resident.
• DO NOT disclose the living condition of a
  disabled resident with another resident.
• DO NOT agree to impromptu repairs. Keep work
  orders systematic.
• DO NOT engage in a relationship with a resident.

28
ADVERTISING

• Fair Housing laws prohibit making, printing,
  or publishing any notice, statement, or
  advertisement that indicates any preference,
  limitation, or discrimination based on a
  protected class.
• Fair Housing laws cover all types of statements,
  advertising or marketing used in the rental
  process, including brochures, an ad in the
  newspaper, on the radio, in magazines, on
  television, on the Internet, a little note at the
  neighborhood Laundromat, a vacancy sign in the
  window and word-of-mouth.
• These laws prohibit making any verbal statement
  indicating a preference or limiting housing based
  on someones protected class.
• Example A manager cannot tell a family with
  children that theyd prefer a rental community
  with a playground.

29
MORE ON ADVERTISING

• Who is responsible for nondiscriminatory
  advertising?
• Everyone!
• What are the requirements for using Fair Housing
  logos and posters?
• HUD requires that owners and managers display a
  Fair Housing poster/logo at all leasing offices.
• Failure to display the poster can result in
  fines!
• What can our advertising say?
• Describe the property and its desirable features
  (size, location, price, amenities), rather than a
  targeted audience.
• What about ads with human models or drawings?
• Avoid using pictures or images that show a
  preference or discourage anyone because of a
  protected class.
• Portray a variety of individuals who reflect the
  population as a whole men, women, children,
  people with disabilities, and people of various
  races and ages.
• Can we affirmatively market to any protected
  class?
• Accessible for people with disabilities.
• Families are welcome, or emphasizing amenities
  such as a playground
• Those who participate in the Section 8 program
  are welcome (if applicable).

30
Social Media and Fair Housing

• Social Media is a form of Advertisement
• When using platforms like Facebook, make sure the
  content abides by Fair Housing laws.
• Use the Reasonable Person Rule any person
  engaging with your site should feel welcome
  because youve portrayed all walks of life
  different races, ethnicities, ages, people with
  disabilities, etc.
• Tread carefully when posting pictures of resident
  events
• Make sure those pictured portray all different
  types of people, not just a majority of one race,
  nationality, etc.
• Make sure the person photographed signs a release
  allowing you to post the picture online
• Remember, with online posts word can travel
• within minutes, both positive and negative.
• The use of Microsoft clipart is illegal

31
Social Media Continued

• Posts should remain professional and depict the
  property in its best light.
• The property should not endorse or affiliate
  themselves with businesses or organizations that
  may cause them to violate Fair Housing
• Such as commenting on a church, mosque, civil
  rights group, etc.
• Although not a protected class, there should be
  no posts on politics
• If the post has the potential to hurt feelings,
  dont
• post it! Keep posts positive, upbeat and
  fun for all to
• read and share.

32
DOS AND DONTS

• TREAT ALL YOUR CUSTOMERS PROSPECTS AND CURRENT
  RESIDENTS ALIKE IN A FAIR, EQUAL AND CONSISTENT
  MANNER!!
• Treat EVERYONE the same. No matter how many
  apartments you do (or dont) have, answer the
  phone and conduct all leasing calls in a
  professional manner.
• Dont ask questions like, Are you married? or
  How many kids do you have? or I like your
  accent, where is it from? or Do you go to
  church nearby?
• Set occupancy rates for every unit and put it in
  writing. Its only logical to want to keep the
  number of people per unit low to minimize wear
  and tear, but consistently picking adults without
  children for your small apartment may get you in
  trouble with the familial status rules.

33
DOS AND DONTS

• Return all phone calls in a timely manner. Dont
  even think about ignoring calls from people who
  sound like a protected class.
• Dont tell someone an apartment is leased when it
  isnt it doesnt matter the reason.
• Have written rental criteria and follow it to the
  letter.
• Do not quote different rental rates in the same
  day to different prospects.
• If a disability is readily apparent, you do not
  require written verification of the disability
• If you opt not to show an apartment for safety
  reasons, you must not show for the remainder of
  the day.

34
COMMONLY ASKED QUESTIONS??

• What kind of people live here?
• Is this a good place for kids?
• Whats the neighborhood like?
• Is there a lot of crime here?
• Can I be located near other adults?
• Dont say I cant tell you, but if you come by
  at night.
• HOW WOULD YOU ANSWER THESE QUESTIONS?