fair housing basics - ahma-psw...1 fair housing basics this training offers general information...

1

FAIR HOUSING BASICS

This training offers general information only, and is not intended aslegal advice

Attendance at this training does not create an attorney-clientrelationship with the speaker or the firm they represent

For legal advice on specific issues, please contact an experiencedKTS attorney

The information contained in this training may not be duplicated inany way or duplicated in any other medium without the priorwritten consent of Kimball, Tirey & St. John LLP

Kimball, Tirey & St. John LLP © 2019 2


Federal

HUD

Fair Housing

Equal Opportunity

DOJ

US Dept. of Justice

(US Attorney General)

State

CA DFEH

Dept. of FairEmployment &

Housing

CA Dept. of Justice

(State Attorney General)

StatePrivate Fair Housing Agencies

Private Attorneys

2

Anyone who is alleged to havecommitted the discriminatory act canbe named

Owners, on-sites, management, realestate agents and brokers, newspapers,insurance companies, lenders, architects,developers, & etc.

You each have personal liability

Includes direct and vicarious liability

HUD Final Rule (2016)

Follows the line of authority


Fair housing violations cost you andyour company $$$

Legal fees

Settlements

Judgments

Non-monetary penalties

Signs/notices

Required fair housing training

Monitoring for fair housing compliance



Race Color Religion

Sex National Origin Familial Status

Handicap‘Disability’ in

California

3


Marital StatusSexual

OrientationAge Ancestry

MedicalCondition

Gender

GenderExpression

GenderIdentity

GeneticInformation

Legal & verifiable

Does not have to come from employment

Paid directly to tenant or tenant’s representative

Section 8 vouchers currently not included

Rise of local legislation protecting Section 8 income

Aggregating income

Section 8 calculation (if participate in Section 8)

$1000 rent – Rent ratio of 3x = $3000/month

$350 tenant’s share x 3x rent = $1050/month


Citizenship

Immigration status

The Immigrant Tenant Protection Act (2018)

Primary language


4

Berkeley

Students

San Francisco and Santa Cruz

Height & weight or body size


Arbitrary discrimination

Personal characteristics

Perception (misperception)

Association


Retaliation

Actions meant to retaliate against“any person” for asserting their fairhousing rights

Prohibits eviction, harassment, orother adverse actions

Legitimacy of underlying fairhousing claim not relevant


5

An impairment thatlimits one or more oflife’s major activities ormakes it difficult

Record of having adisability or beingregarded as having adisability


Physical

Mental

MedicalConditions

Confidentiality

Never ask about the nature orseverity of someone’s disability

Keep any information regardinga disability strictly confidential

Don’t tell a future landlordabout a resident’s disability



• A physical change to theproperty*

Reasonable Modifications

• When management must makeexceptions to rules, policies,practices or services*

ReasonableAccommodations

*To allow the person full and equal use and enjoyment of therental property.

6


Request(Written or Oral)

Written VerificationDisabilityNeededRelated

Unlessapparent


3 – Third party, reliable/credible

P – Peer support group

A – Agency, non-medical service

D – Doctor, medical professional

• Under 65 - SSI, SSDI, Handicap license plate

S – Self-statement

CAN’T cause an undue financial oradministrative burden

CAN’T change the nature of thebusiness

If deemed unreasonable, open aninteractive dialogue with the residentto see what might work.


7

Made at tenant’s expense(exceptions)

Done in a workmanlike manner(contractor required?)

Tenant pays for and obtainspermits

Restore to original condition,barring normal wear and tear, if itwill negatively affect the nexttenant

Interest-bearing escrow account



Widened doorways

Bathtub grab bars

Levered door handles

Change/exception to a rule, policy, practice or service

May or may not cost $$$

Cannot cause undue financial or administrative burden or changenature of business

Interactive process


8

Request

Verification

Assigned space (not ADA)

Double-wide space (stripedifferently)

Option: wait list

Option: lease break (withoutpenalty)


Guide or mobility animals



Alerts to seizures

Serves paraplegics & quadriplegics

Service dog for autism

Med-alert dog

Alerts to sounds

9

Companion/therapy/emotional support/psychiatric animals

Can by many types of animals besides dogs


Service dog fraud

Distinction between ADA and Fair Housing law

Internet purchased registrations and ID cards

Verifies that animal has been “registered”

Generally, no verification of disability/need is required to obtain

Can require verification of disability/disability-related need for the animal

Internet purchased verification of disability/disability-related need foran accommodation animal



Manager:I appreciate your concern, but you

need to know that, in thissituation, we are following all

state and federal laws.

Resident: So, what’s the deal anyway?How come the people next door get

to have a dog when nobody else heregets to have one?

10


Level 1- Irritating

• Examples

• Is an accommodation necessary?

• How should you handle it?


Level 2- Lease violations

• Examples

• Accommodating

• Opportunity to come into compliance

• Potential resolutions


Level 3- Direct threat

• Examples

• Accommodating

• Opportunity to come into compliance

• Potential resolutions

11

Hoarding

Type of mental disability

Health & safety issues?

Possible accommodations


When are caregivers permitted?

How do you screen them?

Are they considered residents?

Do they sign the lease?

Caregiver agreement

If there are problems…


Smoking

Customer service

Disability

Marijuana

Medical Marijuana

Federal law

Accommodation

KTS addendum available


12


Required by law

Minimum size 11x14

Displayed in prominent location



13

Advertising words & phrases

Be careful about what you say

Affirmative marketing

Diverse media/content

Internet marketing

Social media

Use of human models

Cautions with social media

Diverse

Written permission

Symbolism in the office


Phone logs

Value

What kind to use

When to use

How to use


Negotiations in foreign languages

Civil Code §1632

HUD Guidance (2016)


14


Children

Marital status

Employment

National origin (accents)

Do you have any “special needs?”

Size of unit

Price range

When needed

Upstairs or downstairs

Floor plan

# of bedrooms/ # of occupants

What are they?

How is it done?

How to avoid

Follow standard procedures

Respond promptly to messages

Provide accurate availability

Use of phone log


Government-issued

Commonly used for

Property tours

Application submissions

Creation of resident file

Check for disparities/similarities

Copies vs. originals

When is it okay to keep a copy?

Caution: Military IDs

Electronic/online leasing


15

Written procedure

Consistency

Disability accommodations

Availability log

Provides current vacancy information

Ensures same information given outto everyone

Provides availability history forspecific dates if sued later on



Ch

ildre

n/f

amili

es • Downstairs

• End units

• By playground

• Over garages

• Down the street

Eld

erly

or

Per

son

sw

ith

Dis

abili

ties • Downstairs unit

• Accessible units

• Waiting list

• Other properties


Examples:

Bad schools

Crime in neighborhood

Lead paint

Quiet community

Examples:

Could fall down stairs

Couldn’t get out in a fire

Can you care for yourself?

16

Consistent process

Adults

Emancipated minors

Best practices

Accommodate people withdisabilities

Use an updated application

No codes or comments

Note the date & time applicationwas submitted


Current California lawregarding immigration andcitizenship in apartments

Requiring Social Securitynumbers


Criminal background checks?

HUD guidance

Megan’s Law

HUD subsidized housing


17

Purpose: to verify informationprovided on the application

Use a check-off list to ensureconsistent screening

Third-party screening

Follow your rental criteria 100%


Prima Facie Case for

Refusal to Rent

(4 Elements)

1. Person is from a protected class.

2. Person was denied housing.

3. Person met your qualifications.

4. An apartment was available at the timeof application.

First come, first qualified, firstserved – otherwise all theapplicant needs to prove is

Note date & time ofacceptance/denial

Base acceptance on meetingqualifications


Equal enforcement

Avoid restrictive children’s rules

Age-related supervision rules – health& safety reasons only

Curfews

Use of amenities

Outdoor play

Playground

Wheeled vehicles


Pool Signage

“Children Under the Age of 14 Should NotUse Pool Without an Adult in Attendance.”

Spa Signage

“1. Elderly persons, pregnant women,infants and those with health conditionsrequiring medical care should consultwith a physician before entering a spa.”

“2. Unsupervised use by children underthe age of 14 is prohibited.”

18

Have a written procedure forhandling complaints

Examples

Investigate

Document

Take appropriate action


Written procedure, step-by-step

What are emergencies?

Document everything

Communicate delays orproblems to resident

Minor children with no adultpresent



Quid Pro Quo

“an unwelcome request ordemand to engage in conduct

where submission to therequest or demand… is made a

condition related to…”

Hostile Environment

“…unwelcome conduct that is asufficiently severe or pervasive

as to interfere with…”

Applies to harassment based on race, color, religion, national origin, sex, familial status, ordisability

19

Situations involving harassment can include:


Employees Vendors Residents

Examples:

Hostile environment

Quid pro quo

Are there issues of liability formanagement?

Harassment by:

Residents

Employees

Vendors


Importance

Professional

Discoverable

Examples

Anything could besubpoenaed


Notices EmailsWarningletters

Interview &tour

Conversationswith resident

Text messages

Phoneconversations

Conversationlogs

Memos

Discussionsbetween staff

20

Almost 1/4 of fair housingcomplaints result fromtermination or non-renewalnotices or evictions

Non-retaliatory

Non-discriminatory reasons

Documentation is key


www.kts-law.com

[email protected]

800-338-6039

fair housing basics - ahma-psw...1 fair housing basics this training offers general information...

Documents