Fair housing laws were implemented in the U.S. during the
Lyndon Johnson Administration of the 1960s to help prevent discrimination
towards minority and underrepresented groups in housing or renting. Some fifty years later we are still faced
with it on a daily basis. According to
recent data there were close to 30,000 housing discrimination complaints filed
in the U.S. in 2012, which is an increase of nearly 5% from 2011. As a property manager or a property
management company it is paramount to understand these basic fundamental laws
to avoid any violation and potential liability for you and the property owner.
Advertising
Must Comply with Fair Housing
The following language should be communicated on all
advertisements, websites, marketing materials, and communications:
“ABC
Property Management and our clients do not discriminate on the basis of race,
color, religion, national origin, sex, disability or familial status.”
By displaying this language you are communicating a
public acknowledgement of the Fair Housing laws and the concomitant
restrictions. Property managers need to
be mindful not to use language which although is seemingly innocuous actually
discriminates against its perceived audience.
Some examples of this are phrases like, “great for a young couple,” “family-oriented
neighborhood,” or “perfect for single female.”
Words which appear harmless like “safe,” and “exclusive,” also imply that
the property is not available for certain groups based on stereotypes. A prudent practice for property managers and
property management companies would be to describe the neighborhood, its
location, and attributes of the surrounding areas instead of being exclusionary
towards individuals.
Screening
Policies Requires Precision in Communication
A written policy for minimal tenant standards is critical
such that a bar is set and cannot be overlooked in qualifying tenants. The exact items to have in a written screening
policy include employment history, present income, credit worthiness, criminal
background, eviction history and any other red-flags on a screening
report. This information should be
communicated to the prospective tenant immediately and be front and center in a
written policy such that a tenant that is denied for meritorious reasons will
not be able to argue discrimination.
These standards must be clear, concise, and unambiguously communicated
to the potential tenants.
House
Rules Must be Consistent
All rules in an apartment house or complex must be
compliant with Fair Housing laws and must pertain to everyone, not just a
few. Rules must not single out children,
unless the rule is designed as a life safety issue such as children being
supervised at a community pool. Any
violations of the rules must be documented with the date, time, specific
violation, violator described, and remedy undertook by the property manager. Property managers must keep accurate and
complete records of these instances, circumstances and conduct.
Eviction
Process has to be Detailed
Fair Housing laws allow for tenants to be evicted for
meritorious reasons such as non-payment of rent. There are other acts and conduct that can
result in a tenant being evicted; however, these standards must be detailed,
consistent, and non-discriminatory. A
property manager must keep detailed records of each and every conversation,
act, confrontation, or circumstance which leads to an eviction. The documents which should be included in a
tenant’s file in chronology include but are not limited to:
1) Warning
letters and/or eviction notices
2) Written
complaints by neighbors to city police
3) Writing
logs maintained by property manager
4) Police
records
5) Photographs
A property manager’s website or tenant packet must
include with specificity a list of conduct which a tenant may not engage
in. Eviction is the ultimate owner
remedy for removal of a bad tenant, however, the property manager’s goal should
be to maintain a personal working relationship with the tenant and resolve any
issues that could result in an eviction.
Employee
Training is Critical
For those property managers who employ staff to deal with
tenants it is imperative that the employees receive Fair Housing education and
training. Each employee should be
required to read and be familiar with Fair Housing laws and should be required
to maintain a Fair Housing manual. They
should also be required to sign a commitment to comply with Fair Housing laws
and non-discriminatory practices to help prevent any situation from occurring. This is for everyone’s protection including
the tenants, the employees, the property manager and the owner.
Real
Estate Attorneys Can Help Property Owners with Fair Housing Laws
Property management companies who have a real estate
attorney on staff can help owners with their Fair Housing questions. A real estate attorney familiar with Fair
Housing laws has the expertise, training and procedural knowledge to help keep
owners on the right side of the law.
No comments:
Post a Comment