Equal Opportunity for All. We do business in Accordance With the Fair Housing Act (The Civil Rights Act of 1968, as amended by the Fair Housing Amendments

Equal Opportunity for All.

We do business in Accordance With the Fair Housing Act(The Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988)

Title VIII of the Civil Rights Act of 1968 (Fair Housing Act), as amended, prohibits discrimination in the sale, rental and financing of dwellings, and in other housing-related transactions, based on:1.Race2.Color3.National Origin4.Religion5.Gender6.Familial Status (including children under the age of 18 living with parents or legal custodians; pregnant women and people securing custody of children under 18)

7.Disability

States, cities and local municipalities may define more protected classes in addition to the seven federally protected classes. Here are some examples of additional classes that may be protected:

CreedHonorably discharged veteran or military statusMarital StatusSexual OrientationUse of trained guide dog or service animal

FEDERAL STATE

RaceColorNational OriginReligionSexDisabilityFamilial Status

RaceColorNational OriginReligionSexDisabilityFamilial StatusSexual OrientationFormer Drug & Alcohol Abusers (Rehabilitated drug offenders)

File within 1 yearJurisdiction: United States

File within 1 yearJurisdiction: Arizona

*The Federal Fair Housing Act, State, and Local Fair Housing Laws exempt certain types of housing from Coverage.*Fair housing laws prohibit retaliation- an act of harm by anyone against a person who has asserted fair housing rights (makes an informal discrimination complaint, files a civil rights complaint, or is otherwise involved in an investigation).

FEDERAL STATE


RaceColorNational OriginReligionSexDisabilityFamilial StatusMarital StatusAncestrySexual OrientationGender IdentitySpousal Affiliation


File within 1 yearJurisdiction: New Mexico


FEDERAL STATE




File within 1 yearJurisdiction: Texas


FEDERAL STATE KING COUNTY SEATTLE TACOMA

Race ColorNational OriginReligionSexDisabilityFamilial Status

RaceColorNational OriginCreedSexDisabilityFamiliar StatusMarital StatusSexual OrientationGender IdentityVeteran/ Military Status

RaceColorNational OriginReligionGenderDisabilityFamilial StatusMarital StatusSexual OrientationGender IdentityAgeSection 8Use of a Service AnimalAncestry

RaceColorNational OriginReligion/ CreedSexDisabilityParental StatusMarital StatusSexual OrientationGender IdentityAgeSection 8Political IdeologyVeteran/ Military Status

RaceColorNational OriginReligionSexDisabilityFamilial StatusMarital StatusSexual OrientationGender IdentityAgeVeteran/ Military StatusAncestry


File within 1 yearJurisdiction: Washington

File within 1 yearJurisdiction: King County

File within 180 daysJurisdiction: City of Seattle

File within 1 yearJurisdiction: City of Tacoma

The Federal Fair Housing Act, state and local fair housing laws exempt certain types of housing from coverage.


• Refuse to rent the dwelling.

• Refuse to negotiate for housing.

• Make housing available.• Deny a dwelling.• Set different terms,

conditions or privileges for rental of a dwelling.

• Deny and/or provide access to different housing services or facilities.

• Falsely deny that housing is available for inspection, sale or rental.

• Threaten, coerce, intimidate or interfere with anyone exercising a fair housing right or assisting others who exercise that right

• Make, print, or publish any statement, in connection with the rental of a dwelling, that indicates a preference, limitation, or discrimination.

No one may take any of the following actions based on race, color, religion, gender, disability, familial status, or national origin:

The Fair Housing Act makes it unlawful to discriminate against a person whose household includes one or more children who are under 18 years of age (“familial status”). Familial status protection covers households in which one or more minor children live with:

A parent;A person who has legal custody (including guardianship) of a minor child or children; orThe designee of a parent or legal custodian, with the written permission of the parent or legal custodian.

Familial status protection also extends to pregnant women and any person in the process of securing legal custody of a minor child (including adoptive or foster parents).

Examples of Familial Status Fair Housing Violations:1.Setting a curfew for children.2.Exercising placement request for individuals without children who prefer to not reside near families.

• Has a physical or mental disability (including hearing, mobility and visual impairments, chronic alcoholism (but only if it is being addressed through a recovery program); cancer, chronic mental illness, AIDS, AIDS Related Complex, or mental retardation) that substantially limits one or more major life activities

• Has a record of such a disability or• Is regarded as having such a a disability, landlords may

not: Refuse to let the individual make reasonable modifications to the

dwelling or common use areas, at their expense, if necessary for the disabled person to fully use the housing.

Refuse to make reasonable accommodations in rules, policies, practices or services if necessary for the disabled person to use the housing on an equal basis with nondisabled persons.

However, housing need not be made available to a person who is a direct threat to the health or safety of others or

who currently uses illegal drugs.

The preferred term is “disability”; however, a few fair housing laws use the term “handicap” interchangeably. Disability means the presence of a sensory, mental, or physical impairment:

Is medically cognizable or diagnosable, orExists as a record or history orIs perceived to exist, whether or not it exists in fact.

The disability exists whether it is temporary or permanent, common or uncommon, mitigated or unmitigated.

Under fair housing laws, the definition of disability does not include:▪Sex offenders▪Current illegal drug users (however, fair housing laws do protect people who are recovering from substance abuse.)

If you find a unit that is occupied by a hoarder, follow these guidelines:1.Never act as a social worker. Meaning, do not intervene.2.Document from the first day of discovery with detailed notes, pictures, witness statements until the situation is either resolved or remedied by the court.3.Management should meet with the resident to discuss a plan of action with a specific deadline and expectations.4.If the resident advises management that they are unable to remove the trash, junk, etc due to mental illness handicap or physical handicap we can request documentation from their care provider.

1. Tread carefully though, the management is not to become too involved in the resident’s plight, which could cause more problems.

5.Keep any documentation that may prove helpful to your case, including Notice to Vacates from neighbors if they are related to smell, infestation, etc.6.Never permit a staff member to assist in the removal of the resident’s trash. Only trained professionals should be involved due to health hazards. 7.If the resident fails to comply with a plan of action to clean up the mess, Code Enforcement should be called. Keep in mind, Code Enforcement will mandate a deadline and may cite the property if it’s not met.8.If all other courses have action have been exhausted, file a non-rent breach of lease with the court and go through the motions for eviction.

Public Health Hazard or Disability afforded protection under the law?

In buildings with four or more units that were first occupied after March 13, 1991, and that have an elevator:•Public and common areas must be accessible to persons with disabilities•Doors and hallways must be wide enough for wheelchairs•All units must have:

An accessible route into and through the unit Accessible light switches, electrical outlets, thermostats and other environmental

controls Reinforced bathroom walls to allow later installation of grab bars and Kitchens and bathrooms that can be used by people in wheelchairs.

If a building with four or more units has no elevator and was first occupied after March 13, 1991, these standards apply to ground floor units only.

These accessibility requirements for new multi-family buildings do not replace more stringent accessibility standards required under State or local law.

A reasonable accommodation is a change in any rule, policy, service or practices if the changes are needed in order for a person with a disability to have equal opportunity to occupy and enjoy full use of their dwelling.

What is “reasonable” must be determined on a case-by-case basis.

Some examples:•Providing rental forms in large print;•Providing a reserve accessible parking space near a resident’s apartment;•Allowing a resident to have a service animal in a “no pets” building; and•Permitting a resident who has developed mobility limitations to move to the ground floor.

If a resident or prospective resident advises us that they have a service animal, we must accommodate them by revising our animal policies.

When it comes to service animals1.DO NOT charge a pet deposit2.DO NOT charge a nonrefundable pet fee3.DO NOT charge monthly pet fees4.ANY BREED is allowed (even aggressive breeds)5.ANY WEIGHT is allowed6.FULL ACCESS to any public or common area on the property

However,1.The owner MUST CLEAN up after the service animal’s waste2.The owner MUST KEEP the service animal on a leash when in public3.The owner CAN BE charged for damages caused by the service animal4.The service animal CANNOT cause a disturbance to others5.MANAGEMENT CAN threaten to remove the service animal if in violation of these rules.

Even if your property has a “no pet” policy, service animals would be the exception to the rule. They are always permitted and never subject to regulation.

What if a resident or prospective resident tells me they have two service animals? Are they trying to pull a fast one? Or is this legitimate?

The lease contract does not reference the number of support animals a person can have- and therefore we’d have to review it ourselves on a case-by-case basis, being sensitive to Fair Housing rights of course. But if it can be demonstrated that this resident’s request for a reasonable accommodation exceeds what is necessary (i.e. a second pet free of charge) for that person to have full use and enjoyment of the premises, well then we’ve made our case and can legally charge this person. If somebody has two separate disabilities, such as being both deaf and blind, and two different pets provide two distinct and separate services, well then we would have to allow both animals as service animals. However, if a person has one disability requiring the service animal, such as needing the pet for purposes of companionship, than it is arguable that only one animal is necessary to allow full use and enjoyment of the facility- the second animal would be deemed excessive at that point.

As general practice, and especially when in doubt, do not dispute the need for a service animal. We are better off allowing the accommodation than proving our position. It’s cheaper to forgo the pet income than be subject to a law suit because we’ve violated Fair Housing.

A prospective resident tells me their bird is a service animal. Is that right?

Guide animal—to guide the blindHearing animal—to signal the hearing impairedService animal—to do work for persons with disabilities other than blindness or deafness.Comfort animal – provides companionship, reduces stress or anxiety, can serve a medical function lessening the severity of certain conditions

A "service animal" for the purposes of the ADA is "any animal [generally dog] that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Other species of animals, whether wild or domestic, trained or untrained, are labeled more correctly as a comfort animal. (For example, the owner may feel calmer when he or she is near the pet.) Unlike a service animal, a comfort animal is not trained to perform specific, measurable tasks directly related to the person's disability. Common tasks for service animals include flipping light switches, picking up dropped objects, alerting the person to an alarm, or similar disability-related tasks. The Civil Rights Division carved out an exception to this new rule for miniature horses.

There is no license or registration process for service animals in the United States.

The short answer, yes the bird could be considered a comfort animal providing a service of companionship and calming to the resident. Helper monkeys and even miniature horses qualify as an animal providing a service and therefore subject to Fair Housing accommodations.

Okay- so where do you draw the line? If the reasonable accommodation creates an undue hardship, or financial hardship for the owner, then it is no longer considered reasonable.

A reasonable modification is a structural change made to a resident’s living space or to the common areas of a community, which is necessary to enable a resident with a disability to have full use of and enjoyment of the housing.What is “reasonable” must be determined on

a case-by-case basis.

Some examples:•Widening a doorway of a wheelchair user;•Installing grab bars in a bathroom;•Lowering kitchen cabinets to a height suitable for a wheelchair user;•Adding a ramp and handrails to make a primary entrance accessible; and•Altering a walkway to provide access to a public or common use area.

•Accommodations – Fair Housing laws require that we bear accommodation costs that do not amount to an undue financial and administrative burden. Most accommodations are no or low cost. We may not require people with disabilities to pay extra fees or deposits as a condition of receiving a reasonable accommodation.

•Modifications – Generally, the resident will bear the expense of making reasonable structural modifications to a property. However, if the property receives federal funds, the housing provider usually pays, unless there is financial and administrative hardship.

• It is not permissible to establish higher deposits for families or handicapped individuals due to higher turnover costs incurred by the property at the time of move-out.

• If a disability is readily apparent, we do not need to request written verification from an individual requesting reasonable modifications or accommodations.

• Any alterations made by a disabled resident within an apartment do not need to be returned to their original condition upon move-out

Who can file?•Anyone who has been harmed! Even housing advocates and testers.

How long do they have?•1 year – keep records long enough to respond to complaints.

Who can be held responsible?•All parties related to the property. That means YOU!

Perceptions and Unintentional Impressions A perceived violation can be just as expensive, time-consuming and troublesome as an actual violation. You should pay attention to procedures, statements and written materials to prevent an unintentional impression that the law is being violated. Here are some practical tips:

Purge from your written materials any language that is unlawful under the fair housing statute.

In the rental application process, allow anyone and everyone to fill out a rental application.

Be polite and appreciative of all prospective residents who inquire or apply. Be as careful as if each applicant had a recording device and your Supervisor was going to play back the recording to test your diplomacy, sales skills and compliance with fair housing laws.

Unless an applicant is quickly denied for lawful reasons, you need to be uniform and consistent in processing your applications, particularly in ordering credit reports, checking rental and criminal histories, etc. REMEMBER: it is what you say, not what you don’t say that leaves the wrong impression or violates the law.

Except for the federal Fair Credit Reporting Act, there is no law requiring the owner to disclose why he has decided not to lease to the applicant. IMPORTANT! Except when the rejection is based in whole or in part on as consumer report, it is usually best to not tell an applicant why he or she is being denied.

Retain your guest cards with notations of units shown, rent offered, specials, deposits, fees, rental applications, rules, marketing data, Policy and Procedures, etc., for at least two years.

A fair housing complaint can be filed for up to one year with Housing and Urban Development (HUD) and two years in the federal courts after the alleged discrimination.

Many applicants will inquire as to the likelihood of their passing the approval requirements. We should never create a false hope by answering in an affirmative way. Do not sell the screening process!

Statements like these should be avoided:▪ Oh, you’ll be okay▪ I don’t see why you wouldn’t pass▪ I wouldn’t fret about that▪ Well if everything else is okay it will bolster your score such that that won’t

matter▪ Well if that’s off your record, there will be no issue

Instead, use the following uniform response▪ “I can make no prediction as to the outcome of your screening report. I

can, however, supply you with a copy of our General Rental Requirements form which outlines what measures must be met in order to reside at __________ (Property Name).”

If we made a statement that lead the person to believe they would be approved, they can attribute the denial as being based on a personal reason rather than one of being unqualified. For instance, “I was told I had

nothing to worry about, but then they told me I was declined. I know it’s because I’m handicapped.”

Some prospective residents can be overly friendly and divulge too much information. If you’ve created a false hope of approval, they could link the denial back to a story they shared. For instance, “I know they declined

me because I told them about my dishonorable discharge.”▪ It is very important to know any

additional protected classes in your area.

Of all the daily interactions, Maintenance Staff has the most interaction with residents, and that interaction takes place in an environment outside of the office. What does that mean exactly? You don’t know what’s being said, you must trust that they are upholding Fair Housing policies.

Once a resident moves in, contact with the onsite management is conducted mostly through the response of the maintenance department. Therefore, it’s especially important that Maintenance personnel understand Fair Housing principles.

Fair Housing Do’s Service requests should be taken in a

first-in-first-out basis (serviced in the order they are reported) with the exception of emergencies

Residents should familiarize themselves with the Emergency Maintenance Statement

Service requests should be entered, processed and signed off in the same manner

Communicate positively with residents. If there is a delay, or a part is being ordered, notify them.

Keep communications and interactions privileged, do not share what resident tells you with another resident.

Response time, thoroughness, friendliness and protocol must be the same for all residents.

Adhere to the company’s Standards of Conduct Performance outlined in the Employee Handbook as well as General Maintenance Personnel Policies.

Fair Housing Don’ts DO NOT touch a resident’s

belongings when inside their home, or make comments about their belongings or how they’ve decorated their home.▪ There may be religious or cultural

ties. DO NOT tell jokes or stories that

involve sex, race, nationality, disability or any other protected class.

DO NOT make sexual comments or statements to a resident.

DO NOT gossip about one resident to another resident.

DO NOT disclose the living condition of a disabled resident with another resident.

DO NOT agree to impromptu repairs. Keep work orders systematic.

DO NOT engage in a relationship with a resident.

Fair Housing laws prohibit making, printing, or publishing any notice, statement, or advertisement that indicates any preference, limitation, or discrimination based on a protected class.

Fair Housing laws cover all types of statements, advertising or marketing used in the rental process, including brochures, an ad in the newspaper, on the radio, in magazines, on television, on the Internet, a little note at the neighborhood Laundromat, a vacancy sign in the window and word-of-mouth.

These laws prohibit making any verbal statement indicating a preference or limiting housing based on someone’s protected class. Example: A manager cannot tell a family with children that they’d prefer a rental community with a playground.

Social Media is a form of Advertisement When using platforms like Facebook, make sure the content

abides by Fair Housing laws. ▪ Use the Reasonable Person Rule – any person engaging

with your site should feel welcome because you’ve portrayed all walks of life; different races, ethnicities, ages, people with disabilities, etc.

▪ Tread carefully when posting pictures of resident events▪ Make sure those pictured portray all different types of

people, not just a majority of one race, nationality, etc. ▪ Make sure the person photographed signs a release

allowing you to post the picture online▪ Remember, with online posts word can travel within minutes, both positive and negative. ▪ The use of Microsoft clipart is illegal

Posts should remain professional and depict the property in it’s best light.

The property should not endorse or affiliate themselves with businesses or organizations that may cause them to violate Fair Housing Such as commenting on a church, mosque, civil rights

group, etc. Although not a protected class, there should be no posts

on politics If the post has the potential to hurt feelings, don’t post it! Keep posts positive, upbeat and fun for all to read and share.

TREAT ALL YOUR CUSTOMERS – PROSPECTS AND CURRENT RESIDENTS ALIKE – IN A FAIR, EQUAL AND CONSISTENT MANNER!!

Treat EVERYONE the same. No matter how many apartments you do (or don’t) have, answer the phone and conduct all leasing calls in a professional manner.

Don’t ask questions like, “Are you married?” or “How many kids do you have?” or “I like your accent, where is it from?” or “Do you go to church nearby?”

Set occupancy rates for every unit and put it in writing. It’s only logical to want to keep the number of people per unit low to minimize wear and tear, but consistently picking adults without children for your small apartment may get you in trouble with the ‘familial status’ rules.

Return all phone calls in a timely manner. Don’t even think about ignoring calls from people who ‘sound’ like a protected class.

Don’t tell someone an apartment is leased when it isn’t – it doesn’t matter the reason.

Have written rental criteria and follow it to the letter.

Do not quote different rental rates in the same day to different prospects.

If a disability is readily apparent, you do not require written verification of the disability

If you opt not to show an apartment for safety reasons, you must not show for the remainder of the day.

What kind of people live here?

Is this a good place for kids?

What’s the neighborhood like?

Is there a lot of crime here?

Can I be located near other adults?

Don’t say “I can’t tell you, but if you come by at night….”

HOW WOULD YOU ANSWER THESE QUESTIONS?

Documents

Equal Opportunity for All. We do business in Accordance With the Fair Housing Act (The Civil Rights Act of 1968, as amended by the Fair Housing Amendments