The Trainer

Conducting Eviction Meetings; Complying with Accessibility Requirements

In this month's feature, we discussed how to comply with HUD's “10-day” eviction meeting policy. In general, HUD requires that residents must request the meeting within 10 days of receiving your notice to terminate the lease. However, the agency does not specifically state requirements for how to conduct the meeting, and so we provided you with 10 tips for holding an effective meeting. Remember, the meeting can provide the opportunity for you to present a solid case of how the resident violated provisions of the lease.

In our article on HUD's requirements for nondiscrimination and accessibility for persons with disabilities, we noted that HUD recently sent a reminder notice to all those receiving funds in its various housing programs and activities that stressed the importance of compliance. Under Section 504 of the Rehabilitation Act of 1973 and Title II of the American with Disabilities Act of 1999, public housing agencies are required to conduct needs assessments and develop transition plans to address the identified needs of residents and applicants with disabilities. The HUD requirements deal with a number of issues, including:

• New construction;

• Substantial alterations;

• Adaptable units;

• Uniform Federal Accessibility Standards;

• Reasonable accommodations;

• Distribution of accessible dwelling units;

• Occupancy of accessible dwelling units;

• Housing Choice Voucher program requirements;

• Nonhousing facilities;

• Accessibility standards; and

• Common areas.

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

Fill in the blank: To comply with the 10-day eviction meeting requirements, you must advise the resident of the right to ask for the meeting in the ____________ notice you send.

1. third

2. termination

3. renewal

QUESTION #2

You should be 100 percent sure you're going to evict a resident even before the eviction meeting. True or false?

1. True.

2. False.

QUESTION #3

In general, the eviction meeting should take place at your management office. However, what circumstances would require you to consider meeting at the resident's apartment?

1. Accommodation of a resident's disability.

2. July 4th holiday.

3. The resident wants to host a dinner for you.

QUESTION #4

During an eviction meeting, you can permit the resident to respond to the violations and provide evidence to counter your claims, but don't let the discussion digress. True or false?

1. True.

2. False.

QUESTION #5

Fill in the blank: A minimum of ____________ percent of the total dwelling units, or at least one unit (whichever is greater) must be made accessible for persons with mobility impairments, unless HUD prescribes a higher percentage.

1. 5

2. 10

3. 15

QUESTION #6

Section 504 permits recipients with disabilities to alter kitchen counters to meet their needs. True or false?

1. True.

2. False.

QUESTION #7

PHAs are required to make reasonable adjustments to their rules, policies, practices, and procedures to accommodate disabled applicants or residents because:

1. Disabled applicants are entitled to preferential treatment.

2. There is a quota on disabled applicants in assisted housing.

3. Disabled applicants and residents must be given an equal opportunity to use and enjoy the housing unit.

QUESTION #8

Fill in the blank: The Fair Housing Act makes it unlawful for a housing provider to ask about ____________.

1. The income levels of disabled persons.

2. The marriage status of disabled persons.

3. The nature and severity of the disability of disabled persons.