Posted on September 29, 2010 by Scott M. Badami

Does Management Really Want to Follow The Fair Housing Act? Actually, YES We Do.

I regularly do fair housing training or speak on fair housing issues.  I always appreciate the opportunity to talk with those in the housing industry (residents, owners, leasing office employees and government officials) to review issues of common interest.

When at a speaking engagement, I like to follow the HUD (or state, city, or county) fair housing official because I get to say that -- almost without exception -- management agrees with everything the official just said.  Lost in the ether of fair housing defense and litigation is that management is required to follow the Fair Housing Act (FHA) and indeed that we want to ensure every qualified applicant gets to move into our community.  

In addition to following the law, management company employees are reviewed and compensated, in part, on filling available units.  Even if occupancy percentages at some communities tip over 90% -- that means there still are available units to fill.  And my management team wants to get applications approved.  Again, it is more than just following applicable law -- it is how we do business.

Am I saying housing discrimination does not occur?  Of course not.  I am, however, noting that I see many more cases where a resident, former resident, or applicant files a case because he or she is disgruntled with management for one reason or another -- and not because management violated any law.  Make no mistake, if management learns of any leasing office employee acting in violation of the letter or spirit of the laws preventing housing discrimination, management can and will act.   Similarly, have I seen cases in which a mistake or error was made by a leasing office employee?  Unfortunately, yes.  And when we see those situations, my management team does everything we can to make it right.

Just A Thought.

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Posted on September 24, 2010 by Scott M. Badami

Why A Fair Housing Defense Blog?

I have been defending housing discrimination cases for over 12 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 September 13, 2010 by Scott M. Badami

Remember that Familial Status (Families With Children) is a Protected Class

As we have written about in previous entries, included in the protected classes of the federal Fair Housing Act (FHA) is familial status.  That means, families with children (and women who are pregant as well as families who will be adopting a child) cannot be discriminated against because of the children.  We see regular reminders that familial status is either still not understood or that the law may not be followed.

To illustrate, in mid-December, 2008, residents of Pelican Lake Village (located in Pahokee, Florida), allegedly received a notice directing that any residents with children living or staying at the apartment community under the age of 18 must vacate by January 1, 2009 or face immediate eviction.  The notice came shortly after management at Pelican Lake Village allegedly leased a majority of the units to a not for profit organization which was created, at least in part, so it could rent the majority of the apartments at Pelican Lake Village to former prison inmates, many of whom were sex offenders.  

 

Allegedly, the notice caused numerous families to seek other housing during the holiday season, and the families with children who did not move by January 1, 2009 learned that management had stopped school bus stop service to the complex. 

 

On September 2, 2010, the Fair Housing Center of the Greater Palm Beaches commenced a civil action in the United Sated District Court Southern District of Florida, Whyte, et. al. v. Alston Management, Inc. et al., seeking a declaratory judgment and damages for discrimination on the basis of familial status under the FHA and Florida common law. The attorney representing the Fair Housing Center of the Greater Palm Beaches describes the case as the most egregious case of housing discrimination he has seen, as it is the first time he has seen the “wholesale eviction” of a class of people. 

 

While there are always two sides to every case and we here at the Fair Housing Defense blog want to hear from management, the complaint reflects yet another cautionary tail about how to act (and not act) with your residents.

 

Just A Thought.

 

Article by Karin Corbett

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Posted on September 7, 2010 by Scott M. Badami

Apartment Community Advertisements: A Few Basic Guidelines

A question about apartment community advertising came across my desk.  As such, I thought it was worth just going over a few basic advertising rules.  In short, housing advertisements should not state or imply a discriminatory preference.
 
It is never appropriate, of course, to use words describing current or potential residents in ethnic or racial terms -- such as "No Irish" or "No African Americans".  You should not publish an ad that states "no wheelchairs" as that is discrminatory against potential residents with disabilities.  If management wants to be descriptive in an ad, use phrases and terms such as "desirable neighborhood" or perhaps "a unique find" in your copy.  Similarly, phrases such as "mother-in-law suite" or "cozy two bedroom apartment" have been found to be appropriate and not discriminatory.
 
Notably, it goes without saying that an ad must not contain any explicit preference or limitation based on religion.  Also, I always recommend that ads avoid using a church (or similar religious building) in the ad.  To illustrate, even if only for providing directions, I would not include "turn right after the Catholic Church on Main Street" in your ad as there could be a presumption that one religion is favored over another.
 
Remember, advertisements cannot state a limitation based on familial status (children or pregancy).  Ads just should not contain limits on the ages of children nor should they state a preference for adults, couples, or singles.
 
Advertising is something management can absolutely work through ahead of time to avoid what are likely unintentional problems down the road.
 
Just A Thought.
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