Posted on March 23, 2011 by Scott M. Badami

Advertising and Religion -- Think Before You Act

Advertising for apartment homes sounds simple enough.  But in today's world, it requires some thought and planning.  Religion, of course, is one of the protected classes under our Fair Housing Act (FHA).  Apartment homes must be made available to all -- regardless of a person's religion or lack of religion.  But, of course, there is more to the law than just that.  And not all of the rules are easy to follow in the real world.
 
HUD guidance makes clear that advertisements should not contain an explicit preference or limitation based on religion.  For example, you cannot write "No Jews Allowed" in an advertisement.  It is also a better practice not to use a church as a landmark when giving directions to a property (such as "we are five blocks down from the catholic church") as that could be viewed as exhibiting a preference for a certain religion. 
 
HUD also recommends that management not use religious symbols (such as a cross) in your advertisements as, standing alone, it could also be perceived as a religious preference.  Management can, however, advertise that you provide certain services (such as "kosher meals available")  In my practice, I advise that if a management company is going to use any type of religious symbol in its promotional materials, it is appropriate to also add a sentence such as the following:  "This community does not discriminate on the basis of race, color, religion, national origin, sex, handicap, or familial status."  And I would also include the equal housing opportunity logo.  Those disclaimers can be useful evidence if someone takes the position that even what you believe is a benign religious symbol is showing an improper preference in the opinion of someone else.
 
On a related note, the use of secularized terms or symbols related to certain religious holidays -- such as Santa Claus or the Easter Bunny -- do not, standing alone, constitute a violation of the FHA.  Similarly, pictures or phrases such as "Merry Christmas" or "Happy Easter" also have been found not to violate the FHA.
 
Just A Thought.
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Posted on March 21, 2011 by Scott M. Badami

Should Management Get Invited to Fair Housing Conferences? Absolutely.

I got invited to a fair housing conference recently.  Which is great.  But a line from the invitation gave me pause for a moment.  So I thought I would share it with you.

Professional apartment community management (whether the entities that own the properties or the professionals who manage them) work with HUD and various state, county, and cities agencies almost on a daily basis.  This is particularly true with respect to affordable communities.  The fact of the matter is that management is HUD's business partner.  We have every incentive to get it right and discrimination has no place in our work.  We try to ensure the law is followed and if we make a mistake, I will try to fix it.

What was odd about the invitation, however, is that it noted that representatives of industry (in other words management) are "also" welcome.   Far too often, it seems, that only representatives of tenants are included.  Of course, management needs a seat at the table as well.  It is taken as a given that a tenant's rights group should be invited to a fair housing conference.  I guess my point is that it should be second nature for management to be there as well. 

Just A Thought.

 

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Posted on March 8, 2011 by Scott M. Badami

Always Keep Residents Informed As To The Status of Their Reasonable Accommodation and Reasonable Modification Requests

It happened yet again.  Another housing discrimination complaint was filed which was completely unnecessary.  And this time management was trying to get it right. 
 
Here are the facts:  a resident contacted management requesting that a reasonable modification be made to an outside door of an apartment building.  Seems simple enough.  Management evaluated the request and granted it.  We started the process of obtaining bids for the project.  We selected the bid which worked best and signed the contract.
 
The vendor, also moving promptly, ordered the necessary parts to convert a manual door into a door with an electronic power assist.  These parts just take a few weeks to get shipped.  And we have to schedule a date for a workman to install the new components.
 
During this interim time, however, the resident filed a fair housing complaint alleging that management is discriminating against her because of a disability.  My hope is that this is a case which can be amicably resolved as management absolutely granted the request and timely moved to get the modification done.  Let's hope I am right.
 
The takeaway here is even when management acts promptly and grants a request, we need to keep our residents better informed as to the progress and status of their individual reasonable accommodation or modification requests.  Perhaps that would have avoided this fair housing complaint altogether.  And the need to deal with a lawyer like me.
 
Just A Thought.
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Posted on March 1, 2011 by Scott M. Badami

Requirements for "New" Buildings -- With First Occupancy After March 13, 1991

We have seen these requirements before over the years, but a question today brought them up again.

The law contains provisions that buildings ready for first occupancy after March 13, 1991  with an elevator and four or more units must have: (a) an accessible route into and through the unit; (b) accessible light switches, electrical outlets, thermostats, and environmental controals; (c) reinforced bathroom walls to allow later installation of grab bars; and (d) kitchens and bathrooms that can be used by people in wheelchairs.

With respect to commons areas, they must be or have: (a) accessible and usable public common use areas; (b) usable doors; and (c) accessible routes into and through covered units.

These are simple rules for new construction that have now been in place for just about 20 years.  And they must be followed.

Just A Thought.

 

 

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