The Trainer
ADDING ATTORNEY'S FEES CLAUSE TO LEASE; RESPONDING TO DOMESTIC VIOLENCE
In this month's feature, we discussed how to amend the HUD lease to obligate residents to pay your attorney's fees whenever you have to take any action against them to enforce the lease. You have to get HUD approval before adding a clause like this to the HUD lease.
In our article on responding to domestic violence, we gave you five rules to follow to make sure you comply with the law and minimize your chances of facing a discrimination lawsuit. If you haven't already been confronted with this problem, it's likely that you will be because of the staggering number of domestic violence incidents that occur each year in the United States.
TRAINER'S QUIZ
INSTRUCTIONS: Each of the questions below has only one correct answer. On a separate sheet of paper, write down the number of each question, followed by the answer you have chosen—for example, (1) b, (2) a, and so on. The correct answers (with explanations) follow the quiz. Good luck!
QUESTION #1
The attorney's fees clause that you add to your HUD lease should state that the resident will pay your attorney's fees regardless of who wins the case. True or false?
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True.
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False.
QUESTION #2
Your attorney's fees clause should state that you can collect attorney's fees only if the lease is terminated. True or false?
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True.
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False.
QUESTION #3
Once HUD approves your attorney's fee clause, when can you amend the leases of current households?
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30 days after giving them notice of the lease amendment.
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Upon their next lease renewal.
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Upon their next lease renewal only if you've given them 60 days' notice and 30 days to agree to the amendment or move out.
QUESTION #4
In some states, if your lease gives you the right to collect attorney's fees from residents when you win a legal action against them, residents will automatically have the right to collect attorney's fees from you when you lose. True or false?
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True.
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False.
QUESTION #5
Under HUD regulations and the Violence Against Women Act (VAWA), an incident of domestic violence qualifies as a lease violation and constitutes good cause for terminating the victim's housing assistance and/or tenancy. True or false?
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True.
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False.
QUESTION #6
While screening an applicant, you learn about frequent complaints and calls to police about domestic disturbances involving the resident and her former boyfriend at her prior residence. Because you are concerned about the safety and welfare of your current residents, you cannot be held liable for denying the application based on her poor rental history. True or false?
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True.
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False.
QUESTION #7
A resident asks her site manager to help enforce a restraining order that requires her abusive boyfriend, who's not a party to the lease, to stay a certain distance away from her. The site manager says he doesn't want to get involved and refuses to help. The abuser later seriously injures the resident in her unit. Could the site manager be held liable for the resident's injuries?
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Yes.
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No.
QUESTION #8
Consider that you're in the same situation as the site manager in Question #7, but this time, the abusive boyfriend is a party to the lease. Can you evict the boyfriend, but not the victim?
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Yes.
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No.
ANSWERS & EXPLANATIONS
QUESTION #1
Correct answer: b
False. HUD doesn't allow you to recover attorney's fees for the cases that you lose.
QUESTION #2
Correct answer: b
False. Your clause should apply to any enforcement of the resident's lease obligations, not only to cases where the lease is terminated. That's because you might take legal action that won't end the lease, or a resident may comply with her obligations before you have to take her to court—but after you've already spent money on your attorney.
QUESTION #3
Correct answer: c
To implement the lease amendment with current households, you must deliver a letter explaining the amendment, along with the amended lease, to current households at least 60 days before each household's lease ends. The letter must explain that they can either accept the lease amendment or move out of their unit, but regardless of their choice, they must respond within 30 days.
QUESTION #4
Correct answer: a
True. In New York, for example, residents have the right to attorney's fees if the lease has an attorney's fees clause giving the owner that right. Check with your attorney to see if your state has such a law.
QUESTION #5
Correct answer: b
False. Assisted sites must comply with the VAWA, under which an incident of actual or threatened domestic violence, dating violence, or stalking doesn't qualify as a serious or repeated violation of the lease, nor does it constitute good cause for terminating the assistance, tenancy, or occupancy rights of the victim. Additionally, criminal activity directly relating to domestic violence, dating violence, or stalking isn't grounds for terminating the victim's tenancy.
QUESTION #6
Correct answer: b
False. Under the VAWA, you can't deny an application solely because the applicant is a victim of domestic abuse. Furthermore, if you exclude the applicant based on her past history of domestic violence, you risk liability under federal fair housing law for discrimination on the basis of sex.
QUESTION #7
Correct answer: a
Yes. The site manager could have taken steps to help protect the resident, such as changing the locks or instructing security guards not to give the boyfriend access to the building. Since he didn't, he could face potential liability for the resident's injuries.
QUESTION #8
Correct answer: a
Yes. The law allows you to “bifurcate” a lease in order to evict, remove, or terminate the assistance of the offender while, at the same time, permitting the victim who is a resident or lawful occupant to remain in the unit.