Fearless Fair HousingLunch and Learn

2009

Venterra Realty

By Anne Sadovsky CSP, Cam,

Ram, CAPS

FearlessFearless Fair Fair HousingHousing

FearlessFearless Fair Fair HousingHousing

It is fair, it is the law!It is fair, it is the law!

I am not an attorney

• Nor do I work for HUD

• Interpretations vary

• Constant changes and guidelines

Fair Housing laws dovetail with Civil Rights laws

Frequently asked questions and comments

• Applies to all residential real estate• Consistent treatment• Documentation• Steering• Consistent criteria• Document times• Shaking hands, hanging coats,

coffee,etc

If you serve refreshments

• Have a sign, similar to below:

“Refreshments are for our guests. Please feel free to serve yourself.”

• If they pose a direct threat to others

• Shoppers / testers

• Complaints / lawsuits…2 different things

Federally Protected Classes

Fair Housing / Civil Rights

• 1866 first concept of Civil Rights…Why?

• 1964 race, color, national origin, religion

• 1974 gender, [age]

• 1988 handicapped, familial status

Protected Classes

• Cities and states, even companies can add protected classes, but not delete.

• Some cities have as many as 20 or more

• You should have a written FH policy and a FH officer who can answer or get answers to questions.

• The owner / housing provider cannot delegate away responsibility

• Everyone is liable for compliance…house and grounds keepers, service techs, even vendors

• This information is not to take the place of legal counsel

• The application is your only legal tool for choosing residents

Handicapped Information

• They can modify the apartment…who pays? That depends….

• A guide animal is not a pet

• What is the biggest issue that the handicapped have with us?

• Don’t be penny wise and pound foolish

• Reasonable accommodations

Family StatusDefine it

• Any person or persons not yet 18 years of age, living or coming to live in the household with parent, parental designee or legal guardian.

• It does not have to be their own child

• The pregnancy issue

Occupancy

• 1 bedroom 2 people• 2 bedrooms 4 people• 3 bedrooms 6 people

Standard 2 per bedroom is no longer a guarantee. HUD will look at many spaces as ‘sleeping’ areas.

Is there “all adult” housing left?

• When 80% of residents are 55 and older

• When all residents are 62 and older• Must be legally designated mature or

elderly housing• In some cases, must provide certain

services• Interpreted differently in different

states

• Every housing provider has the right to establish non discriminatory criteria for leasing.

• You must be consistent in implementing criteria

Guest Cards and Phone Logs

• Document every inquiry

• It is mandatory to display in public view a Fair Housing poster

• Taking identification• Security questions

Words you CANNOT use

Adults preferred Men only- Women only Christian property Exclusive area Children’s Pool Professionals only Children over 6 only Empty nesters

Photos in ads

Photos in model apartments

Words you CAN use:

Master bedroomGreat viewDesirable neighborhoodWalk in, joggingQuietFamily roomCozySanta Claus Easter Bunny Merry Christmas

When the customer discriminates

You may be asked:

• “How many children live here?”• “How many “purple” people live

here?• “What kind of people live here?• “Who lives next door to this

apartment?

Learn these words

• “Our company policy cooperates with Federal law. We lease available apartments to those who qualify, including all protected classes. I will be happy to help you with an apartment, but I cannot answer your question.”

Be pleasant, friendly, but firm

• It is your responsibility to know the laws, including those specific to your area.

• Stay updated…things change…log on to www. NMHC.org for updates

• Treat others as you would like to be treated

Think of a box of crayons

• Many colors, many names….

Yet living peacefully together in one box….and making pretty pictures!

Blessings

News You Can Use

• Limited English Proficiency Lawsuit

• Websites regarding roommates

Latest Cases

• And some really interesting ones

• File some of these under S.T.U.P.I.D

Don’t let the courtroom be your

classroom!

• Stay updated annually• Log on to these websites:• www.fairhousing.com• www.fairhousingadvocate.com• www.hud.gov/offices/fhed.com

Fair Housing Is Not Going Away

• For many years HUD has worked to create Fair Housing in America,

• Do your part by doing the Right Thing

• You may think this doesn’t apply to you, however each of us has liability.

Going above and Beyond is not discriminating

Just do what’s right!

Post those WOW stories