Posted on August 6, 2009 by Scott M. Badami

Welcome to The Fair Housing Defense Blog

I have been defending housing discrimination cases for over ten years. I have a docket of cases stretching from Alaska to Florida and just about everywhere in between. My cases get investigated by the U.S. Department of Housing and Urban Development ("HUD") in addition to many state, city, and county agencies.

The goal of this blog is to provide a forum for issues of interest to apartment owners and management companies as well as professional management employees. I also hope we can share available resources.

If you are in the apartment ownership or management arena, you are committed to following the federal Fair Housing Act ("FHA") as well as the many state and local laws which prohibit discrimination in housing. Noting that you do not discriminate on the basis of race, color, sex, disability, national origin or familial status is only a good start.

On its face, the law seems simple enough: don’t discriminate. All applicants and residents should be treated equally and with respect. But, each situation is fact intensive and requires an individualized review of the circumstances. Plus, not every jurisdiction is the same:

  • what about those which add source of income as a protected class?
  • Should you accept vouchers?
  • Do you know the difference between a reasonable accommodation and a reasonable modification?
  • Who pays for a reasonable modification?
  • Does a request for a reasonable accommodation have to be related to the claimed disability?
  • What is Section 504 of the Rehabilitation Act of 1973 and why are two agencies investigating the same complaint?
  • Can I have occupancy standards for my apartments?
  • How can you confirm that a complaint has been filed by a disgruntled resident seeking to prevent an eviction?
  • What do you do when the investigator asks you to halt eviction proceedings in an effort to settle the case?
  • How do you handle an investigator who wants to interview all of your employees? Or review all your files?
  • What about when the investigator who wants to knock on the doors of your residents?
  • Should you still evict a resident even after he has filed a fair housing complaint?
  • Should you place an advertisement in a church flyer?

Those are just some of the issues I hope to explore. I will do my best to give some insight based on my experience and offer solutions.

There will be no lectures here, but I will try to leave you with --

Just A Thought.

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Posted on August 6, 2009 by Scott M. Badami

HUD Spends That Much on Fair Housing? Yes, it Does.

No one in the professional apartment management business supports housing discrimination. We support the federal Fair Housing Act (“FHA”) as well as the many similar state statutes and regulations. We train our employees to both follow the letter and spirit of the law.

We are in the business of leasing quality apartment homes to all applicants who meet the non-discriminatory resident selection criteria for a particular property. In addition to being against the law, our management teams are evaluated and compensated (at least in part) on obtaining the highest possible occupancy percentage they can. In other words, in addition to being against the law, discriminating against otherwise qualified applicants would cost property management staff money. Nevertheless, the U.S. Department of Housing and Urban Development’s (HUD) staff (as well as the staffs at various state, county, and city agencies) monitor our work and investigate allegations of discrimination.

 

To illustrate, in fiscal year 2008, there were 470 HUD employees in regional and field offices as well as 113 employees in HUD’s headquarters. As such, HUD’s fair housing staff last year was just under 600 employees.

 

HUD’s fair housing budget for salaries and expenses last year was just under $67 million dollars. Additionally, HUD's Fair Housing Assistance Program (FHAP) – which is a made up of state and local government agencies tasked to investigate allegations of housing discrimination – grants totaled over $25 million in fiscal 2008. The budget for HUD’s Fair Housing Initiatives Program (FHIP) – which was created to increase compliance with the FHA through the use of private enforcement and educational activities – was another $24 million last year. 

 

In short, HUD spent over $116 million investigating housing discrimination last year. HUD’s budget for its Office of Fair Housing and Equal Opportunity has generally increased over the years. I see no change in 2009 going forward. 

 

We need to follow the law and get it right when dealing with our residents and applicants. If we don’t, then the knock on the door will be a fair housing investigator. And then you may really need to call me. 

 

Just A Thought.

 

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