1 – 877 – 240 – 4050 National Apartment Association Education Institute Legal Aspects.
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Transcript of 1 – 877 – 240 – 4050 National Apartment Association Education Institute Legal Aspects.
1 – 877 – 240 – 4050
National Apartment Association Education Institute
Legal Aspects
Legal Aspect Objectives
• Explain how Fair Housing laws apply to the multihousing industry
• Identify major components of the Fair Housing law
• Apply Fair Housing concepts to the responsibilities and duties of a Leasing Professional
Legal Aspect Objectives
• Relate to their positions the provisions of:– Equal Credit Opportunity Act– ADA– Criminal Background Checks– Lead Paint Safe Work Practices
• Implement basic emergency contact procedures when required
• Outline the basics of legal compliance, risk management and risk reduction
Overview of Fair Housing
• The Civil Rights Act of 1866
• The 14th Amendment to the U.S. Constitution
• The Fair Housing Act and related legislation– Title VIII of the Civil Rights Act of 1968
– 1974 Amendments
– 1988 Amendments
– November, 1998 Initiative
– January, 2000 HUD Final Ruling
Current Fair Housing Laws Involve:
Responsibility
Liability
Penalties
Responsibility
Liability
Penalties
The Civil Rights Act of 1866
“All citizens of the United States shall have the same rights in every State and Territory, as is enjoyed by white citizens thereof to inherit, purchase, lease, sell, hold, and convey real
and personal property.”
The Fair Housing Act of 1968
• Race
• Color
• Religion
• National origin
• Sex was added in 1974
The Fair Housing Act Amendments of 1988
• Race
• Color
• Religion
• Sex
• National Origin
• Familial Status
• Handicapped
The Fair Housing Act Amendments of 1988
• Renters Can Really Sue Now for Housing Violations
The Differences Between the 1968 & 1988 Acts
1. If HUD finds reasonable cause to believe that the law has been violated, it now has the authority to bring the case to a hearing before an Administrative Law Judge (ALJ).
2. Private enforcement has been strengthened by removing the limitations on punitive damages and making the standard for awarding attorney's fees more like the standard used in other civil rights laws.
3. It expanded the statute of limitations to 2 years for lawsuits.
The Purposes of the 1988 Amendments1. To create an administrative enforcement
mechanism that is subject to the use of court enforcement by private litigants and federal enforcement agencies
2. To extend equal housing opportunity to disabled persons
3. To extend equal housing opportunities to families with children.
The Result of the 1988 Acts
Leases
Applications
Guest Cards
Newsletters
Advertisements
Make ‘Em Pay Initiative
• Closer partnership between HUD and the U.S. Department of Justice (DOJ)
• Closer partnership between HUD, state and local government fair housing agencies
• Better fair housing training for federal, state and local government fair housing staff and private fair housing groups
• Expanded use of HUD’s Web site as a fair housing dissemination and reporting tool
• Increased penalties for housing violations
Guidelines for Fines
$0
$10,000
$20,000
$30,000
$40,000
$50,000
$60,000
$70,000
1st Violation 2nd Violation 3rd Violation
In 2006, Claims to HUD
• 39% Race Related
• 40% Disability Related
• 14% Familial Related
HUD Final Ruling• Effective January 27, 2000, an
Administrative Law Judge (ALJ) can assess a separate civil penalty against a respondent for each separate and distinct discriminatory housing practice.
• The old procedure could only assess a single civil penalty in cases regardless of how many acts of housing discrimination occurred.
HUD Final Ruling - ALJ• Actual monetary
damages
• An injunction prohibiting any such actions in the future or similar relief
• Attorneys fees and costs
• Civil Penalties
$0
$10,000
$20,000
$30,000
$40,000
$50,000
$60,000
1st 1+ 2+
HUD Final Ruling – Court• Actual and punitive
damages
• An injunction prohibiting any such actions in the future
• Attorney’s fees and costs
• Civil Penalties
$0
$20,000
$40,000
$60,000
$80,000
$100,000
1 1+
Filing a Fair Housing Complaint
• Contact with a local or regional HUD
Office
• Attorney general office
• Fair housing alliance
• Advocacy group
• HUD
Fair Housing
• Treat everyone the same
• Be consistent
2 Golden Rules
Fair Housing Discrimination
Disparate Treatment • Is a result of treating or behaving
differently toward someone because they are a member of a protected class.
Fair Housing Discrimination
Disparate Impact
• Is due to a policy or procedure that has a different impact on persons of protected classes.
Prohibited Practices Activity
1. Failure to accept or consider a bona fide offer to lease an apartment home from a member of a protected class.
2. Use of different qualifying criteria, rental standards, or procedures that are different from normal with any member of a protected class.
3. Use of different provisions in leases with members of protected classifications.
Prohibited Practices Activity
4. Limiting the use of privileges, services, or facilities associated with an apartment community because of the protected classification of a resident or their guest.
Prohibited Practices Activity
5. Discouraging any person from inspecting or leasing an apartment home because of their protected classification.
6. Discouraging the leasing of an apartment home to protected classes
by exaggerating the drawbacks or failing to inform any person of desirable features.
Prohibited Practices Activity
7. Employing codes or other devices to segregate, or reject, or refuse someone because they are of a particular protected classification.
8. Using words, phrases, photographs, illustrations symbols, or forms that convey that apartment homes are or are not available to a protected class.
9. Expressing a preference for or a limitation of any resident in a protected class.
Prohibited Practices Activity
10. Selecting media or advertising that leaves out particular segments of the housing market regarding housing opportunities.
11. Providing false or inaccurate information regarding the availability of an apartment home for rental to any person.
Prohibited Practices Activity 12. Threatening, intimidating, or interfering with
residents, visitors or associates of such residents in their enjoyment of an apartment home when these persons are included in the protected classification.
13.Threatening an employee or agent with dismissal or an adverse employment action, for any effort to assist a person seeking access to the rental of an apartment home.
Prohibited Practices Activity 14. Intimidating or threatening any person because
that person is engaging in activities designed to make other persons aware of, or encouraging other persons to exercise rights granted or protected by the Fair Housing Act.
15. Retaliation against any person because that person
has made a complaint, testified, assisted, or participated in any manner in a proceeding under the Fair Housing Act.
Fair Housing Verdict Activity
Case #1
Residents with AIDS
Case #2
Sexual Harassment
Fair Housing Verdict Activity
Familial Status Defined
• A parent or a legal custodian• The designee of the parent• The custodian with evidence of
written permission
• Any person who is pregnant or is in the process of securing legal custody of any individual under the age of 18.
One or more individuals under theage of 18 years living with:
Occupancy Standards
Case #1
Ms. Davis and her son
Fair Housing Activity:Familial Status
Case #2
Marlene & Michael Briggs
Fair Housing Activity:Familial Status
Case #3
Muslim Families
Fair Housing Activity:Familial Status
Fair Housing and Disability Status
A physical or mental impairment that substantially limits one or more major life activities.
The definition does not include illegal use of or addiction to a controlled substance.
Physical Impairment Includes:
• Any physiological disorder or condition
• Cosmetic disfigurement
• Anatomical loss affecting specific body systems.
Mental Impairment Includes:
• Any mental or psychological disorder
– mental retardation
– organic brain syndrome
– emotional or mental illness
– specific learning difficulties
Major Life Activities Means:
• Caring for one's self
• Performing manual tasks
• Walking
• Seeing
• Hearing
• Speaking
• Breathing
• Learning
• Working
Fair Housing and Disability Status
Reasonable modifications Under Section 504, Federally Assisted Housing, the owner is responsible for the expenses of making reasonable modifications.
Reasonable accommodations– Rules
– Policies
– Practices or services
Prohibited Practices
• Make Inquiry into Person’s Disability
• Deny Housing due to Disability
• Discriminate in Terms of Services Due to Disability
Case #1Business Center
Fair Housing DisabilityStatus Activity
1
Case #2“Multiple Chemical Sensitivities”
Fair Housing DisabilityStatus Activity
1
Scenario #1
Leasing Tour
2 Fair Housing DisabilityStatus Activity
Scenario #2
Carpet
Fair Housing DisabilityStatus Activity
2
Fair Housing Testers
• Fair Housing testers (shoppers) help enforce Fair Housing laws.
• Shoppers generally operate in pairs or teams.
Shopping Report
The Solution
• Treat everyone the same
• Be consistent
Additional Leasing Procedures to Avoid Discrimination
• Treat everyone fairly and consistently
• Documented information
• Follow company policies
• Maintain good records
• Document which apartments are shown
• Update with regular training
• Maintain a consistent professional attitude
Additional Leasing Procedures to Avoid Discrimination
• Use a specific, defined tour route
• Comply with Occupancy Guidelines
• Ask how many occupants will be living in the apartment
• Refer any disabled prospective residents to a supervisor
• Ask your supervisor before promising anything
• Offer the same rates, fees, concessions, and specials
• Know your local and state Fair Housing laws
• Review the Fair Housing laws regularly
Leasing in the Multicultural Marketplace
• Be sensitive to prospects from different countries and cultures
• Treat all prospects with respect
Fair Housing Issues on the Horizon
• Linguistic Profiling
• Visibility
• Domestic violence victim eviction
• Target Marketing
• Source of Income
• Limited English Proficiency
Resources for Fair Housing Information
National Disability
Rights Network900 Second Street, NE, #211,
Washington, DC 20002
202/ 408-9514
www.napas.org
National Fair Housing Alliance1400 Eye Street, #530
Washington, DC 20003
202/898-1661www.nationalfairhousing.org
Resources for Fair Housing Information
U.S. Department of Housing and Urban Development (HUD)
Office of Fair Housing and Equal Opportunity
451 7th Street, SW,
Washington, DC 20410
202/708-1112
www.hud.gov
The Fair Housing Institute
www.fairhousing.net
The Americans with Disabilities Act (ADA)
Title I – Employment
Title II ‑ Public Services
Title III - Public Accommodations and Services Operated by Private Entities
Title IV – Telecommunications
Title V - Miscellaneous Provisions
The Equal Credit Opportunity Act
Makes discrimination unlawful with respect to any aspect of a credit application on the basis of:
• Race • Sex
• Color • Martial Status
• Religion • Age
• National Origin • Source of Income
When an application is declined or denied, the applicant must be given an adverse action notice.
Fair Credit Reporting Act (FCRA)
• Designed to protect the privacy and insure the accuracy of consumer report information
• Credit report
Fair and Accurate Credit Transactions Act (FACTA)
• Limits how businesses can use non-public information
• Impact types of records that will be submitted to collection agencies
• Impacts procedures for verifying collection account accuracy
• Limits sharing information
Additional Consumer Protections
• Do not call/ Do not fax
• CAN-SPAM Act of 2003
Applicant Screening Criteria May Include:
• Credit History
• Income
• Rental History
• Eviction Records
• Criminal Background
• Social Security Number
Criminal Background Checks
• Reviewing the criminal background of all rental applicants promptly
• All applicants must be informed that the check will be done
• Consistent process and criteria will be used for all applicants
The Lease and Legal Issues
• Leases are Contracts that include:– Addresses– Fees– Damage to the Apartment– Maintenance Requests– Utilities– Subletting– Authorized Occupants– Notices
Lead Paint Safe Work Practices
• Distribute EPA pamphlet
• Repair any defects
• Dust test any repair work
• Notify residents of repair
• Keep records
• Provide HUD-approved training
Lead Paint Safe Work Practices
• Inspectors and testers are certified
• Use lead-safe work practices
• Monitor and re-evaluate lead-based paint areas
• Maintain lead-based painted areas
• Test bare soil play areas
Resident’s Personal Safety Activity
Case #1
Resident Fire
Resident’s Personal Safety Activity
Case #2
Murder
Safety Practices
• Proper labeling and storing of chemicals
• Ensuring and inspecting self-closing gates
• Communicating policies regarding grill use
• Contact authorities first in an emergency and then the owner.
Resident Safety Practices
• Never leave a window or door unlocked• Maintain renter insurance on all property• Mark all valuables with an Identifying number• Keep an inventory of all valuables• Communicate with your neighbors • Do not give keys to anyone • Call police for suspicious occurrences• Report all crimes • Never unlock door to anyone unknown• Devise escape plan
“Is an Area Safe?”
“Please understand that I along with any other apartment community cannot guarantee your personal safety. In fact no place in the U.S. today is 100% safe. It is best if you use good common sense and practice basic safety precautions as you would anywhere else. For more information regarding the safety of our community I encourage you to go online to find out more about this area and its safety records.”
You be the Judge Activity
Case #1
Unidentified intruder
You be the Judge Activity
Case #2
“Security”
You be the Judge Activity
Case #3
Lead Poisoning
Emergency Contact Situations
1. Notify the fire department
2. Evacuate the building
3. Cut off utilities when safe
In the event of a fire
Steps to Diminish the Possibility or Impact of a Fire
• Know where – All cut-off valves are located– All charged extinguishers are located and how to use them
• Clean– Out Storage Areas– Up after painting jobs– Check electric appliances
• Keep furnace room clean & fire door closed
• Check alarm systems regularly
• Request annual inspections from local fire department
Steps to Reduce Risk
• Eliminate Master Key
• Keep Vacant Apartments Locked
• Utilize Secure Locks
• Maintain Proper Lighting
• Do not Keep Cash
• Inform Others when Leaving the Office
To Summarize, You are Now Able to:
• Explain Fair Housing laws apply to the multi-housing industry
• Identify major components of the Fair Housing Laws
• Apply Fair Housing concepts to the responsibilities and duties of a Leasing Professional
To Summarize, You are Now Able to:
• Relate to Equal Credit Opportunity Act, ADA, Criminal Background Checks and Lead Paint Safety Work Practices
• Implement basic emergency procedures
• Outline the basics of legal Compliance and Risk Management
Legal Aspects