The Trainer — Fall 2015 Special Issue
Avoiding Fair Housing Trouble
In this Special Issue, we discussed what the Supreme Court’s recent decision regarding liability for “disparate impact” discrimination under the Fair Housing Act means for owners and managers of assisted housing sites. The Fair Housing Act (FHA) bans discrimination against applicants and residents based on race, color, national origin, sex, religion, familial status, and disability. Test your knowledge of the FHA with the following questions.
QUIZ
Question #1
If a resident violates the lease and you have solid grounds for eviction, you should give that resident a second chance if:
a. The resident is a member of a protected class and you’re worried he’ll sue you for discrimination.
b. You’re good friends with the resident and you want to give him a break.
c. You give all your residents a second chance in the same situation.
Question #2
Although your site has a no-pets policy, you find out that a resident has two cats in her unit. You confront her about breaking the rules, but she says she needs the cats to calm her anxiety. You should:
a. Tell her that only dogs can be assistance animals, so she must remove them or face eviction.
b. Allow her to keep one cat as an assistance animal.
c. Determine whether you must make an exception to your no-pets policy as a reasonable accommodation for an individual with a disability.
Question #3
You’ve received a number of complaints about noisy children playing outside, but you could face a fair housing complaint if you enforce a policy requiring adult supervision for all outdoor activities for children under 12. True or false?
a. True.
b. False.
Question #4
A resident has complained about racially discriminatory comments and conduct by the resident in a neighboring unit. What should you do?
a. Nothing; you’re not liable for disputes between neighbors.
b. Tell her to stop bothering you about neighborhood squabbles.
c. Investigate, and if warranted, take steps to address the problem.
Question #5
You receive a phone call from a female resident complaining that a maintenance worker made a suggestive comment while he was repairing her shower. When you ask the maintenance worker about it, he denies saying anything inappropriate. You know the resident has a history of making complaints about a variety of problems, so you don’t have to do anything else.
a. True.
b. False.
ANSWERS & EXPLANATIONS
Question #1
Correct answer: c
Treat residents consistently when holding them accountable for breaking the rules. If a resident violates your lease, you may give that resident a second chance only if you give all your residents a second chance in the same situation.
Wrong answers explained:
a. Don’t let your fear of a fair housing claim prevent you from applying your policies fairly and consistently. Consult your attorney to make sure that your actions are documented and justified.
b. You could wind up in fair housing trouble if you ignore your friend’s violation of the rules, but don’t offer the same consideration to other residents. If you make exceptions for certain residents, those who don’t get a second chance may think you’re treating them differently based on their race, sex, or other protected characteristic.
Question #2
Correct answer: c
Although your site has the right to enforce its rules barring residents from having pets, it’s unlawful to deny a resident’s disability-related request for an assistance animal. Follow your reasonable accommodation policy to determine whether the resident has a disability and whether the cats are in fact assistance animals or merely pets.
Wrong answers explained:
a. Dogs are commonly assistance animals, but fair housing law permits other types of animals, including cats, to qualify as assistance animals.
b. If the resident can show that she has a disability, and a disability-related need for the cats, you may have to allow her to keep both of them.
Question #3
Correct answer: a
You can take steps to address the noise complaints, but enforcing policies that target children could trigger a claim of discrimination based on familial status if the rules unreasonably interfere with the ability of families with children to live at the site.
Question #4
Correct answer: c
You may not have to get involved in all disputes among neighbors, but keep your ears open for any suggestion of harassment or discrimination based on race, color, religion, sex, familial status, national origin, or disability. If a resident complains about being harassed by other residents based on his race or other protected class, then you should take the complaints seriously. Fair housing experts advise that you should investigate the complaints and, if true, take action to stop the harassment.
Wrong answers explained:
a. Results have been mixed in the courts, but you could face a fair housing claim for failure to stop resident-on-resident harassment. Depending on the circumstances, owners may be held liable for discrimination or harassment by managers, employees, and even outside contractors or other residents, if they knew or should have known about the problem, but did nothing to stop it.
b. Warning the resident to stop bothering you with complaints is even more likely to trigger a fair housing complaint than simply ignoring her complaints. And you could be accused of violating the Fair Housing Act’s ban on retaliation if your comments are viewed as intimidating or threatening the resident for asserting her rights under fair housing law.
Question #5
Correct answer: b
Sexual harassment is considered a form of housing discrimination based on sex, so it’s a mistake to ignore accusations of sexual harassment against your employees—even if you don’t believe them. Take the complaint seriously, conduct an investigation, and document your findings. If you ignore it, it could escalate into a fair housing formal complaint and, if substantiated, lead to potential liability for large damage awards—and costly attorney’s fees.