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Fair Housing Overview

Kamson Training Workbook

Fair

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Table of Contents

General Notes ...................................................................................................................................... 4

What is Fair Housing? .......................................................................................................................... 5

What is discrimination? ........................................................................................................................ 6

A Little History ...................................................................................................................................... 7

The Federal Classes ............................................................................................................................ 8

State Additions / Distinctions ................................................................................................................ 9

Fines and Penalties ........................................................................................................................... 10

Fair Housing Dos – Leasing ............................................................................................................... 11

Fair Housing Don’ts– Leasing ............................................................................................................ 13

Steering ............................................................................................................................................. 15

Forbidden Topics / Questions ............................................................................................................ 16

Fair Housing and the Disabled ........................................................................................................... 17

Who qualifies as disabled? ................................................................................................................ 18

FHA definition: ................................................................................................................................... 18

Who qualifies as disabled? ................................................................................................................ 19

NJ Law against discrimination definition (LAD): ................................................................................. 19

What is a Reasonable accommodation or modification? .................................................................... 20

Disability: Mobility impaired ................................................................................................................ 22

Familial Status ................................................................................................................................... 23

Race and Color .................................................................................................................................. 24

Religion and National origin ............................................................................................................... 25

Sex discrimination: Beyond male or female ....................................................................................... 26

Investigate all discrimination complaints! ........................................................................................... 27

Hot button issue: second hand smoke ............................................................................................... 28

Fair Housing and Seniors .................................................................................................................. 29

Fair housing and advertising .............................................................................................................. 30

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Passing the “test” ............................................................................................................................... 31

Notes ................................................................................................................................................. 32

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General Notes

Fair Housing is a set of laws, rules and guidelines aimed to prevent against discrimination. Because we work in the property management business, fair housing law applies to us. Be sure to heed the warnings and instruction laid out in this document in order to steer clear of any fair housing issues (fair housing issues can result in fines and penalties for both you and the company). Also, please remember, that if you are uncertain how to answer a given question it is OK to tell the person that you will get back to him/her.

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What is Fair Housing?

Fair Housing is a set of laws, rules and guidelines set by federal, state and local governments aimed to protect citizens in specific classes from housing discrimination

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What is discrimination?

So we’ve seen that fair housing exists to prevent discrimination, but what is discrimination exactly? Discrimination can be defined as treatment or consideration of, or making a distinction in favor for or against a person or thing based on the group, class, or category to which that person or thing belongs rather than on individual merit.

http://dictionary.reference.com/

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A Little History

Fair housing as we know it, largely developed in the 60s during the civil rights movement.

In 1965 The Housing and Urban Development Act creates HUD o (United States Department of

Housing and Urban Development)

The Fair Housing Act, title VIII of the Civil Rights Acts of 1968, provides us 5 our first federally protected classes.

The Fair Housing Amendments Act of 1988 (FHA) adds 2 more

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The Federal Classes

Below you will find the seven federally protected class groups. If you treat someone differently based on one of these factors, then you’ve violated fair housing law.

Race (1968)

Color (1968)

National Origin (1968)

Religion (1968)

Sex (1968/1974)

Disability (1973/1988)

Familial Status (1988)

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State Additions / Distinctions

There are also often state determined classes that need to be recognized. So in addition to the federal classes any state determined class groups or factors need to be considered for fair housing purposes.

New Jersey New York Pennsylvania Connecticut

Creed

Ancestry

Nationality

Marital Status

Affectional or sexual orientation

Civil union status

Domestic partner status.

Gender Identity or Expression

Source of Income (lawful) or Rent Subsidy

Mental or Physical Disability (including aids and HIV

related illness)

Creed

Age

Sexual Orientation

Marital Status

Military Status

Age (over 40)

Ancestry

Support Animal (needed or training)

In Reading and Philadelphia

Marital status

Sexual Preference

Source of income

Creed

Ancestry

Marital Status

Age (except minors)

Sexual Orientation

Lawful Source of Income

Gender identity or expression

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Fines and Penalties

If it is determined that you have discriminated against someone based on one of the class groups set up by fair housing law, there could be fines. Both you personally or the company can be ordered by federal and state courts to pay cash penalties and fines. There are some examples below.

Don’t worry! Most fair housing blunders can be avoided by treating everyone equally and applying policies evenly!

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Fair Housing Dos – Leasing

Here is a list of things that leasing agents and site managers should do to help avoid fair housing issues.

DO These Things (without regard to the class factors):

o Negotiate with everyone who applies for housing.

o Give an application to everyone who asks for one.

o Say housing is available when it is available.

o Consider requests from the elderly or disabled for special exceptions

to your rules policies and services and modifications to the apartment

and common areas.

o Have a written policy for accommodations and modifications (require

insurances for ex)

o Apply all company policies evenly regardless of protected class.

o Take fair housing seriously!

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Fair Housing Dos – Leasing (cont.)

Keep good records!

Calls (LUV), Apartment Availabilities (MRI/LRO), Maintenance

requests (MRI)

Lead notes stating preferences (LUV)

Applications

Exceptions to policy

Advertisements and dates

Keep all documentation on fair housing training.

File the MDRR (Property Manager)

Have a code of conduct for maintenance workers

Ask for permission to enter when taking service requests

Send out letter to denied applicants (screening reports)

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Fair Housing Don’ts– Leasing

Here is a list of things that leasing agents and site managers should NOT do in order to avoid fair housing issues.

DO NOT Do Any of These Things (based on the class factors):

Refuse to rent or say things are not available

Persuade others not to rent

Use different qualifications when considering the application

Offer or provide different levels of facilities or community services

Fail to provide or delay maintenance requests

Set different lease terms or house rules or enforce them inconsistently

Bully or threaten resident’s who claim to be exercising their fair housing rights

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Fair Housing Don’ts– Leasing (cont)

DO NOT Do Any of These Things (based on the class factors):

Provide differential treatment

Require larger security deposits (OK for credit issues)

Charge more rent

Offer longer or shorter leases

Require a co-signer(s) (OK for credit/income issues)

Supply or not supply appliances

Supply or charge for parking spaces

With the disabled:

Reject requests from disabled prospects or residents for special

exceptions without consideration

Ask a person who appears to have a disability about the nature and

extent of his or her disability

If you’re unsure if a question can get you into fair housing trouble, don’t answer.

Tell the person you’ll get back to them and ask someone.

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Steering

Fair Housing law defines and prohibits the act of steering (defined below). We must not “Steer” even if the prospective resident is looking to be “Steered” For example if a person wants you to place him/her near others of his/her ethnicity, it would be wrong to do so. Due to fair housing law you should not divulge ethnicity information or “steer” the person towards an apartment near others of common ethnicity.

Steering:

Guiding, directing, or encouraging prospects to live in a particular part of your community or discouraging them from living in other parts, because of factors protected by fair housing law

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Protected Class Group Questions

Fair housing makes it difficult to talk about certain topics. In general, you want to avoid discussing specifics of any of the protected class groups (for example, if a person were to ask you how many people of a given race live at the property) When questions are asked about a fair housing related topic you are not completely comfortable or well versed at answering, you can respond by stating fair housing law makes it so that you can’t answer questions involving the protected class groups.

Don’t talk about the religious make up the property/neighborhood

List of “houses of worship” is acceptable,

You can also talk about community amenities (don’t be selective)

Safety Questions – Best to have them contact the local police department (often risky fair housing questions in disguise)

Demographic questions, such as:

Q. What type of people live here?

A. “We lease to anyone who qualifies based on our written application process”

Some other questions that we can’t really answer due to fair housing:

Are there a lot of families living here?

Who will be living next door to me?

How many people {of given race} live here?

What are the demographics of the community?

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Fair Housing and the Disabled

More than half the fair housing complaints in 2013 involved the disabled. Fair housing law protects residents and prospects from discrimination due to disability and states that reasonable accommodations and modifications need to be made (or need to be allowed to be made) for the disabled. Verification of a disability comes via a form/letter from a medical professional or qualified third party. Also, it need not only be the “Primary” or “Current” resident that is disabled. Protection is afforded even if it is the “Co” or “Other” resident that is disabled.

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Who qualifies as disabled?

FHA definition:

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Who qualifies as disabled?

NJ Law against discrimination definition (LAD):

The language used to describe what it means to be “handicapped” in NJ is broader:

“…means suffering from physical disability, infirmity, malformation or disfigurement which is caused by bodily injury, birth defect or illness including epilepsy and other seizure disorders, and which shall include but no be limited to, any degree of paralysis, amputation, lack of physical coordination, blindness or visual impediment, deafness or hearing.

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What is a Reasonable accommodation or modification?

A reasonable accommodation is a change, exception or adjustment to a rule, policy, practice or service that may be necessary for a person with a disability to have an equal opportunity to use and enjoy a dwelling, including public and common use spaces.

Reasonable modifications are those that wouldn’t place and undue financial or administrative burden on the owner of the community.

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What is a Reasonable accommodation or modification? (cont.)

Some reasonable accommodation/modification examples:

For the visually impaired:

Large print materials (partially impaired)

Materials on tape or read to prospect/resident

Allowing materials to be taken home and read by someone else

Allowing guide dogs (waive fees, other than damages)

Braille and tactile letters elevators, ring to indicate floor and direction.

For the mobility impaired

Hand rails

Reserved parking spots

Allowing motorized wheelchairs

Ramps

For the mentally disabled

Support animals

Oral or written reminders that rent is due

Live-in aid

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Disability: Mobility impaired

Here are some tips regarding mobility impaired prospects/residents:

Don’t deny to rent or not allow someone to apply because he/she is mobility impaired

Don’t ask about mobility impairments (other than doctor’s verification when an accommodation is requested)

Don’t steer (even if you’re trying to be helpful!)

Don’t refuse reasonable requests.

Know the accessibility requirements for your community

Don’t ban motorized wheelchairs

Don’t ask for extras

Don’t charge extra from mobility impaired residents

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Familial Status

The family unit has protection against discrimination under fair housing law. Below you will find out what qualifies as a family under fair housing law and also some pointers to keep out of fair housing trouble. Particular care needs to be exercised when setting property rules that could affect the family unit.

What qualifies as a family?

Household with one or more children under 18 years of age

Applies to pregnant women

Anyone who has adopted or has legal custody of a minor child (or in the process)

Pointers!

Set rules that target behavior!

Set child-targeted rules necessary for safety.

Do not require parental supervision (instead parent or legal guardian or adult if you want to be more lenient).

Don’t restrict families to first floor.

Be careful with swimming pool rules.

Apply rules consistently.

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Race and Color

Race and Color are two other protected class groups setup by the Fair Housing Act (FHA).

Definitions:

Race: A class or kind of the human population having common origin and other physical traits; a group of people having such common characteristics or appearances.

Color: Skin pigmentation; someone's skin being lighter or darker than someone else's.

Race Based Linguistic Profiling

Organizations such as the NFHA test for linguistic profiling by calling properties

In order for us to avoid any potential race or color related complaints:

Don’t treat anyone differently based on race or color

Leasing agents – Keep your script and practices as similar as possible for everyone (which will help prevent any potential linguistic profiling as well as other complaints)

Maintenance – Have a system for your work orders and stick to it! (so that residents won’t claim favoritism or discrimination in our maintenance practices.)

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Religion and National origin

Religion and national origin are two other protected class groups setup by the Fair Housing Act (FHA).

Be sure to treat members of all religions the same

Don’t answer questions about tenant’s religions

Don’t steer to specific areas of the property

Don’t let others discriminate against other residents based on national origin

Set objective occupancy standards and apply them consistently (children under 2 don’t count in NJ)

It is ok to ask if they are legal citizens (SS)

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Sex discrimination: Beyond male or female

The “Sex” class setup by fair housing law has more to do with then just not renting to a person because they are male or female. The law is broad enough to encompass things such as sexual harassment.

• There is more to sex based discrimination than gender discrimination

• The FHA makes it illegal to threaten, intimidate, or otherwise interfere with a person’s use or enjoyment of his or her dwelling because of the person’s gender.

• Resident’s can claim sexual harassment if the environment is “hostile” or “offensive”

or

• If they are made to believe that they have to submit to sexual advances in order to live in or to enjoy the community facilities and accommodations

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Investigate all discrimination complaints!

Here are some pointers and suggestions for when complaints occur.

All incidents must be investigated and actions must be taken

Complaints by residents against staff

Complaints by residents against other residents

Incidents seen, heard or known about.

Have a policy in place

Get complaints in writing

Investigate the complaint / keep records

Respond to the complaint

Report back to the complaining resident

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Hot button issue: second hand smoke

Second hand smoke has become a hot button issue.

Please keep in mind:

Smokers are not a protected class.

Disabled individuals affected by smoke are.

If you receive a complaint, here is a suggested course of action:

Steps to take:

Address/investigate all complaints

Speak with the resident

See what can be done

Take action

Action examples: seal up venting, resident smoke outside, air purifiers, transfer, etc.

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Fair Housing and Seniors

Be careful, many seniors fit the definition of disabled.

Don’t require seniors to be capable of independent living

Allow disabled seniors to break the lease to move to higher care facilities (without penalty)

Allow disabled seniors to have live-in aids

Install visual smoke alarms if requested

Allow disabled seniors to have a service animal

Grant accommodations and modifications

Don’t steer

Be careful when offering senior discounts

Define senior, when it applies (new lease, renewal, does everyone on lease need to be a senior, etc.)

Don’t make seniors pay for damage caused by ordinary wheelchair, walker or scooter use

Treat seniors as you treat other residents

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Fair housing and advertising

Keep in mind that fair housing rules also apply to your advertising. Advertising text and images as well as statements/emails made sent to prospects are all subject to the rules. Fair housing law states that you can’t show a preference based on the protected classes.

Advertising pointers

Describe the apartment not the people you want to live there

Unacceptable:

No children

Singles preferred

Female only

Perfect for physically fit

Catholic church nearby

Pictures with only once race/color (if many races are represented at the property)

Avoid phrases

“Perfect for”

“Ideal for”

Acceptable:

Quiet residential area

Parks nearby

Houses of worship nearby

Pictures representing diverse range of people groups

It’s typically OK to talk about apartment details that might not be able to be enjoyed by a member of a protected class. EX:

Great view

Walk in closet

Fair housing logo and statement

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Passing the “test”

The Department of Housing and Urban Development (HUD) and other agencies send around “Testers” to test and ensure that discriminatory practices aren’t taking place.

Treat every prospect as if he/she is a tester

Be consistent

Quote the same rental terms

Ask the same questions

Return all telephone inquiries regarding availability

Give out consistent availability information

Deal with all prospect in the same manner

Keep good records

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Notes

• . The United States Department of Justice. N.p.. Web. 11 Jan 2013. <http://www.justice.gov/crt/about/hce/title8.php>

• . HUD.gov. N.p.. Web. 11 Jan 2013. <http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp/aboutfheo/history>.

• The Complete Guide To Fair Housing Training. New York: Vendome Group, 2008. Print. <www.vendomegrp.com>.

• "Grace Hill's Fair Housing Course." Grace Hill's Management Learning Center. (2007): 4.Web.

• "Division of Civil Rights: Housing Discrimination." The State of New Jersey Department of Law and Public Safety. N.p.. Web. 11 Jan 2013. < http://www.nj.gov/lps/dcr/housing.html >.

• Connecticut Fair Housing Center. N.d. n.p. Web. 21 Jan 2013. <http://www.ctfairhousing.org/wp-content/uploads/law-summary-updated-5-24-2012.pdf>.

• New York State Office of The Attorney General. N.d. n.p. Web. 21 Jan 2013. <http://www.ag.ny.gov/sites/default/files/pdfs/publications/fair_housing_brochure.pdf>.

• "Housing Discrimination: Multiple Dwelling Reporting Rule (MDRR)." . The State of New Jersey Department of Law and Public Safety. Web. 21 Jan 2013. <http://www.nj.gov/oag/dcr/housing.html>.

• "Division of Civil Rights: Housing Discrimination." The State of New Jersey Department of Law and Public Safety. N.p.. Web. 11 Jan 2013. < http://www.nj.gov/lps/dcr/housing.html >.

• . "FHEO Library ." U.S. Department of Housing and Urban Development. N.p.. Web. 14 Jan 2013. <http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp/library>.

• . " HUD Historical Background." Homes & Communities. U.S. Department of Housing and Urban Development. Web. 14 Jan 2013. <http://hud.gov/offices/adm/about/admguide/history.cfm>.

• U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. JOINT STATEMENT OF THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND THE DEPARTMENT OF JUSTICE: REASONABLE ACCOMMODATIONS UNDER THEFAIR HOUSING ACT. 2004. Web. <http://www.hud.gov/offices/fheo/library/huddojstatement.pdf>.

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• The Berkely Daily Planet. Web. 18 Jan 2013. <http://www.berkeleydailyplanet.com/issue/2006-08-22/article/24914?headline=Testers-Posing-as-Katrina-Survivors-Encounter-Linguistic-Profiling---Lorinda-M.-Bullock-New-American-Media>.

• N.d. Awesome AmericaWeb. 21 Jan 2013. <http://awesomeamerica.com/connecticut/>.

• 50States.com. N.d. n.p. Web. 21 Jan 2013. <http://www.50states.com/flag/paflag.htm>.

• OnlineMaps.blogspot.com. N.d. n.p. Web. 21 Jan 2013. <http://onlinemaps.blogspot.com/2012/07/pennsylvania-map-with-cities.html>.

• "What Landlords Need to Know About Fair Housing Testers | Nolo.com." Nolo.com. N.p., n.d. Web. 30 Aug. 2016.

• Fair Housing Council of Suburban Philadelphia. N.d. n.p. Web. 21 Jan 2013. <http://www.fhcsp.com/Laws/>.

• http://portal.hud.gov/hudportal/documents/huddoc?id=2012-13annreport.pdf