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Fair Housing & Social Media:

An 8 (or so) Point Plan Theresa L. Kitay / Attorney at LawLaw Office of Theresa L. Kitay

Marina del Rey, CA

Nadeen Green / Senior CounselFor Rent Media Solutions

Atlanta, GA

Doug Chasick, CPM, CAPS, CAS, SLE, CDEI

The CallSource Apartment Doctor

Melbourne Beach, FL1

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Fair Housing Liability for Discriminatory Statements

Two key decisions in the internet context:

•Chicago Lawyers’ Committee for Civil Rights Under Law, Inc. v. Craigslist (2008)

•Fair Housing Council of the San Fernando Valley v. Roomates.com (2008)

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• Discriminatory real estate ads appear on Craigslist

• Craigslist is not the author of the ads• Craigslist is not the “publisher”• Court’s conclusion: “Can’t sue the

messenger just because the message reveals a third party’s plan to engage in unlawful discrimination.”

Craigslist

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• Mandatory questionnaire for users of roommate matching service.

• Roommates.com is the author of the questionnaire, used to match roommates through a filtered search by the site user.

Roommates.com

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“Author” or “Publisher” is liable as an “information content provider;” actor

with no similar control over content has exemption under Communications Decency Act (and thus

FHA).

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1.Control Liability

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Target Marketing Through Social Media

• Any Fair Housing concerns?Don’t collect info that has anything to do with FHA protections (including gender identification) because of steering concerns.

• Any privacy concerns?Not really - what’s out there is

public.

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Fair Housing and Data Mining Information may be collected and

made available to:

• prospects and residents• third parties

and used for:

•target marketing

•making “connections” or “friends”

•post comments

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1.Control Liability2.Data Mining

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Does your company have a Social Media Policy?

Some things to think about:

•The culture of your company or organization.

•When and where can employees visit?

•When and where can employees post?

•What can they post?

•How will you handle posts by employees that are inappropriate or unlawful?

•Will your employees be allowed to “friend” residents?

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1.Control Liability2.Data Mining3.Policies

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PEOPLE IN SOCIAL

MEDIA

THE MANTRA• If before it wasn’t legal in print, it

is still not legal in print.

• If before it wasn’t legal in print, it is not likely to be legal for Social Media.

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1.Control Liability2.Data Mining3.Policies4.Internet = Print

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• Human models• Real Live Folks (dead is also OK)• Avatars• Characters• In short, any depiction of a

“person” counts.

What’s “People”?

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The message is clear - diversity is the key.

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1.Control Liability2.Data Mining3.Policies4.Internet = Print5.Diversity is the key

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• A reasonable person engaging with your SM site should see people of different race, color and ethnicity, and thus feel welcome.

• Show people with disabilities and children, too (unless you’re exempt senior housing).

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Those diverse folks should be shown with

equal dignity; for example, people of color

should not always be the maintenance staff providing services for

white residents.18

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OK, if:

1. Their depiction is fair housing compliant,

AND

2. You have model releases which you will keep forever.

What about showing staff?

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What about showing residents?

OK if:

1. Their depiction is fair housing compliant,

AND

2. You have model releases which you will keep forever.

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Best Practice:

ALL printed material, including the internet!

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1.Control Liability2.Data Mining3.Policies4.Internet = Print5.Diversity is the key6.Use the EHO logo

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Accessing your website or other internet presence?

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Website Accessibility

• ADA requires accessibility for “places of public accommodation”

• Any “place” that offers housing for rent or sale is a “public accommodation” that must be accessible, including a website.

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Why Website Accessibility?• People who cannot see computer

monitors may use screen readers to “speak” the text.

• People who have difficulty using a mouse can use voice recognition software for verbal commands.

• AND... DOJ enforces the ADA with regard to website accessibility.

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Follow the “Web Content Accessibility Guidelines” -

www.w3c.org/WAI/Resources

Examples of barriers to people with disabilities:

•Photographs without identifying text

•Navigation links without a “skip” feature

•Unclear description of a text link (i.e., “click here”)

•Use of pdf exclusively

•No telephone or email contact information

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1.Control Liability2.Data Mining3.Policies4.Internet = Print5.Diversity is the key6.Use the EHO logo7.Accessible means

accessible

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Important Things we didn’t talk about - because we

only had one hour!

• Sexual harassment via social media• Employee-owned mobile phone use• Electronic communication retention

policies

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1.Control Liability2.Data Mining3.Policies4.Internet = Print5.Diversity is the key6.Use the EHO logo7.Accessible means accessible8.Just say KNOW!

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More questions than answers!

The world of social media is a world that is quickly evolving. Keep your eyes open, your

ears to the ground, and know just to where you are leaping!

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1.Control Liability2.Data Mining3.Policies4.Internet = Print5.Diversity is the key6.Use the EHO logo7.Accessible means accessible8.Just say KNOW!9.Informed decision

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