Fair Housing: The Odd & The New

featuringNadeen Green & Doug Chasick

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Polling Question #1

When you hear the words “fair housing”, your first thought is?

Please choose the first thought that pops into your mind:

A. Again?B. Yippee!C. Wonder what’s new?D. Wonder what I did wrong?E Uh oh . . . !

Declawing and Debarking?

What about for pets?• From a legal standpoint, probably OK.• Except in California:

• SB 1229 became effective January 1, 2013. • A community cannot require or advertise that

cats be declawed or dogs be debarked (“devocalized”). Infractions can cost $1000 per violation (requirement, denial of housing, advertisement).

Declawing and Debarking?

What about for service animals?• Not a good idea! Don’t go there. • The veterinary community at large is

against de-barking and de-clawing of animals.

• Asking a PWD to have such surgery performed on their service animal (a procedure they may not be able to afford, nor locate a veterinarian willing to perform) could result in a fair housing complaint or charge.

Genetic Testing

HumansMassachusetts protects a person’s genetic information. As other states may follow suit, don’t swab the inside of your resident’s mouths.

Genetic Testing

Dogs All persons, including PWDs, can be required to clean up after their dogs. Federal Register, Vol. 73, No.208, Monday, October 27, 2008, page 63836:

“…a housing provider may establish reasonable rules in lease provisions requiring a person with a disability to pick up and dispose of his or her assistance animal’s waste.”

Genetic Testing

“That isn’t my dog’s poop!” There are vendors in our industry that provide a new (and certainly unique) service. You may swab the mouth of all dogs at your community (including service animals) so that waste can be analyzed and the offending dog identified without a doubt.

Tomorrow Begins MCS Month!

Multiple Chemical Sensitivity Last May folks with MCS were planning to visit apartment communities to ask about what will be done if someone with MCS moves in. Whether these folks were fair housing testers or whether they merely wanted to inform our industry about MCS, you need to have an understanding as to what this is all about.

Polling Question #2

Multiple Chemical Sensitivity could be triggered by which of the following ?

Please choose the first thought that pops into your mind:

A. Cigarette smokeB. Latex paintC. Old Spice cologneD. Grandma’s homemade pasta sauceE. All of the above

MCS

1992: HUD says MCS can be a disability under the FHAMCS has been determined to be a disability in Federal court cases, state court cases, and by other Federal agencies. Court definition: “an acquired disorder characterized by recurrent symptoms, referable to multiple organ systems, occurring in response to demonstrable exposure to many chemically unrelated compounds at doses far below those established in the general population to cause harmful effects.”

MCS

Nadeen’s definition: “some folks systems can be severely impacted if they cannot cope with even small amounts of chemicals that the rest of us manage with just fine”.Potential issues:

• what paints you use, • what extermination or pool chemicals you use, • what their neighbors may be using to smoke or clean.

Should the issue arise you will have a duty to consider and possibly REASONABLY ACCOMMODATE (which is determined on a case-by-case basis as to if and what you may be required to do).

MCS

Two More Facts:1. Ordinary allergies do not rise

to the standard of MCS.2. May is also Asparagus

Month.

Polling Question #3

Which of the following might be allowed as an assistive animal?

Please choose the first thought that pops into your mind:

A. A ferret prescribed by an aromatherapistB. A declawed and neutered alligatorC. A defanged rattlesnakeD. A miniature ponyE. A unicorn

Emotional Support/Comfort Animals

ANY animal assisting a PWD is a service animal. • It does not matter what

service the animal provides!

• All service animals are equal! A “working animal” and a “comfort animal” have the same status.

Emotional Support/Comfort Animals

A German Shepherd and a Shih Tzu are BOTH REAL DOGS:• A German Shepherd serving

as a guide dog• A Shih Tzu serving as a

comfort animalare BOTH REAL SERVICE ANIMALS.

Polling Question #4

Regarding legalized and/or medical marijuana, I believe:

Please choose the first thought that pops into your mind:

A. It’s about time this was allowedB. Reefer Madness was right – just say no!C. There go all the cookies . . .D. Well, I think – you know, it’s kinda, like cool…

Are You Really Senior Housing?

Or, What’s Old is NEW Again… HUD is taking a new interest in Senior Housing because many are overlooking its requirements. In addition to the right demographics and percentages for 55+ and 62+ housing…

Are You Really Senior Housing?

You MUST Affirmatively Elect to be Senior Housing:

• in corporate records and by-laws;

• with your city or county zoning office.

Where does it say officially that you exist to provide senior housing?

Are You Really Senior Housing?

You MUST Have a Routine Age-Verification Process

• How and when do you determine the ages of your leaseholders and other lawful residents?

• Where are the records showing these ages? It does not matter if all of your residents are 100 years of age or older if you did not verify those ages and currently maintain age records.

Are You Really Senior Housing?

A community did not do it right:• They were not allowed to exclude families with

children until the affirmative election was made and the process was in place.

• It is mathematically possible that they will never have the correct “math” to once again be senior housing.

• $49K needed to be paid and… • (OMG – a fate worse than death!) there was

required fair housing training.

Car Inspections

Is it true? Are some of you really "checking out the cars" of potential future residents as part of your screening process?

If so, Nadeen finds this ODD – and maybe problematic…

Car Inspections

Consistency is not a fair housing requirement but it sure is a darn good business policy. Checking out cars should therefore be the process for all applicants (each and everyone that brings a car to your property).If this is your policy, it needs to be in writing. Doesn’t the leasing process have enough challenges without adding car inspections?

Car Inspections

If you are creating a written policy for this…

• Develop very objective criteria for what is an "acceptable car".

• How "bad" does it have to be to be an issue? • What if my car battery died overnight and I borrowed

a car to come visit your community?• What if I rode with a friend who is a slob but not

planning to rent from you? • Do I have to come back with my car for inspection?

Car Inspections

What if the condition of a car suggests to you the person is a hoarder?

• That cannot be the reason not to rent to them (because the application would be denied because of the hoarding, which is a disability).

• Even "thinking" hoarding opens up the fair housing door, since "being regarded as having a disability" is the same under the law as actually having one.

The End