1. Fair Housing

2. Fair Housing… It’s the LAW!

3. Learning Objectives To better understand the Fair Housing Act and who it protects. Identify common discrimination practices and learn how to avoid them. To learn how to respond when you receive a request for a modification or accommodation by a disabled prospect, applicant or resident. To learn how to answer difficult questions that are often asked of you without misleading the other person or putting yourself and Richman into a compromising situation.

4. Prior to 1968, when the Fair Housing Act, also known as Title VIII, was passed into federal law, landlords could freely discriminate as they chose. The Fair Housing Act was passed to prohibit housing discrimination based on an individual’s membership in a protected class.

5. Title VIII is part of the Civil Rights Act and came about as a result of the Civil Rights Movement. It is important to note that not all seven federally protected classes have been included since the Fair Housing Act was signed in 1968.

6. Fair Housing

8. Seven Federally Protected Classes

10. Word Quiz

11. National Origin Requesting documentation of citizenship or immigration status from an applicant does not violate the Fair Housing Act; however, you should make sure that it does not conflict with any state or local statutes. If immigration status is required for any applicant, it should be required for all applicants, regardless of their national origin.

12. National Origin Quiz

13. Sex Victims of Domestic Violence : Discrimination has been proven in legal cases based on the protected class of sex because the majority of domestic violence victims are women. The Violence Against Women Act (VAWA) of 2005 is a federal law that has protections for victims of domestic violence, dating violence, or stalking. This law protects victims living in public housing or using federal housing vouchers anywhere in the country. VAWA protects victims from being evicted because of the violence. It also makes it illegal to deny access to housing based on an applicant being a victim of domestic violence, dating violence, or stalking.

14. Sexual Harassment of a resident or applicant is discriminatory treatment that is prohibited under the class of “Sex” in the Fair Housing Act. There are two types of sexual harassment and both are violations. Extreme forms of harassment are where there’s an offer of preferential treatment in exchange for sexual favors. Subtle forms of harassment are where there is unwanted touching, hugging, comments on a resident’s (or prospective resident’s) attire, questionable jokes or comments, etc. Even un-spoken items such as calendars, screen-savers and pictures. An important note about harassment is that it is never defined by the intent of the harasser ; it is defined by how the victim perceives the actions ! Sex

16. Quiz1

17. Familial Status Fair Housing Laws allow for “Occupancy Guidelines” to be set as long as these limits do not unfairly discriminate against families; however there is no federal law that states how many people can live in an apartment. The Keating Memo : A generally-accepted HUD document and is the closest thing to a national occupancy standard. It states that two-persons-per-bedroom is considered reasonable. Be consistent with your occupancy guidelines and check to make sure you follow any additional state and local building codes and occupancy restrictions.

18. Familial Status Word Quiz

20. Discrimination Discrimination is unfair treatment or consideration on the basis of their membership to a particular protected class. Discrimination can be Intentional OR Accidental. Discrimination is always illegal when someone is treated unfairly because of their membership in a state or federally protected class.

22. Disparate Treatment vs. Disparate Impact The end-result is just as important as the action when it comes to discrimination. The terms are: Disparate Treatment means treating people from protected classes differently whether it’s intentional or not. Disparate Impact means that a neutral-appearing action, policy or procedure that when applied the same to everyone still results in a negative impact on some classes.

23. Disparate Treatment vs. Disparate Impact

24. Refusal to Rent Refusal to rent to a prospective resident based on their membership to a protected class is by far the most common allegation of fair housing violations that occur in property management. Examples of Refusal to Rent: Giving inaccurate information about availability. Giving inconsistent availability information.

25. Linguistic Profiling Another Example of Refusal to Rent: Linguistic Profiling Not providing the same information or services or disclosing false information about availability because a person “sounds like” a member of a protected class due to an accent, dialect or speech impairment is called linguistic profiling and is a violation of Fair Housing. You should treat all callers the same & provide the same services to everyone, regardless of how they sound. This also includes the manner in which and the order we respond to messages.

27. Steering Steering occurs when the leasing consultant encourages the prospect to take a particular apartment, guides them to choose one located in a specific location of the community or floor level. This is typically done by restricting the choices of available apartments.

30. Policies Equal access to community facilities or amenities While giving a tour of the community, you should always show all of the amenities. IF the prospect states to you that they would like an shortened tour of only the apartment or that they do not want to see a specific amenity due to time constraints, bad weather, lack of interest in specific amenities etc., it is acceptable to change the tour route as long as you document the reason on the back of the prospect’s guest card.

31. Policies Appropriate management of waiting lists Waiting List applicants should be told that they will be contacted when availability arises. At that time, further fees and/or deposits will be required to be paid within 48-hours. Review the Waiting List procedure with the applicant to ensure that they understand the process. The Waiting List should be maintained in the order of the date in which the application was received by the management office. Only place applicants on the waiting list that have fulfilled the Waiting List Criteria. Offer the waiting list to all prospective residents. You should be upfront with the prospect and clear about not being able to “lock-in” prices or specials.

32. Policies Consistent handling of service requests Service Requests should be date and time-stamped. Request’s should be completed in the order of receipt with the exception of emergencies. Service Request’s may also be divided up to complete items based on the location in the community. The key reason why this is acceptable is that there is a legitimate business reason for deviating from the standard of going in order. All team members must clearly understand what an emergency service request is and the process for residents to submit a request. The maintenance process must remain consistent. Residents who perceive a bias either in timeliness or quality of maintenance service may pursue a fair housing complaint.

33. Policies Effective communication protocols Being prepared to communicated with a resident with LEP (Limited English Proficiency) will help you when you really need it. A couple communication protocol tips are: Remain calm and patient – if you get frustrated or irritated because you can’t understand, this often makes the situation worse. Pull the resident’s file. Call the Co-Applicant if they speak English. For all LEP applicants, files should have an English translator listed if possible. There are several on-line websites that may be referred to for assistance in translation. Drawing pictures What would you do if you had a panicked woman show up at your office trying to explain something that was wrong in her apartment, but you couldn’t understand her because she speaks Chinese?

34. Policies Enforcement of rent and fee payments Policies should always be enforced consistently to ensure all residents and prospects receive the same treatment. For example, waiving a late fee for one resident, but requiring another to pay for it. Consistency helps avoid making mistakes. However; making an “exception” to a rule is not, by itself, a fair housing violation. You must be able to document a legitimate, non-discriminating business reason for the “exception” to the rule. Follow Richman policies and consult with your supervisor if you have questions regarding exceptions.

36. Policies “ We have a wonderfully diverse community! Anyone who meets the application qualifications is welcome to live here!” “ It’s actually our policy to keep all of our residents’ personal information confidential and we will do the same for you when you move in.” “ I’m very sorry, but because of Fair Housing regulations, I cannot answer that question.” Appropriate response to inquires about residents

37. Documentation & Consistency Pricing and Availability All prospects should be offered the same available apartments, based on their stated needs and preferences. The quoted pricing for available apartments should be the same at all times. All prices, incentives and specials must be documented in writing and reflect the starting and ending date of when they were in effect. This information should be maintained in the community Marketing Binder.

38. Documentation & Consistency Guest Card A guest card must be used to document each prospective resident that calls, emails or visits the community. All follow-up calls, emails, mailings and/or visits by you or the prospect should be documented on the original guest card. Enter activity into OneSite. Do not makes notes of traits, inappropriate comments or anything that may be considered discriminatory on the guest card. All guest cards must have the date and time of when they called, visited etc. and who they spoke with.

39. Documentation & Consistency Consistency in Leasing An appointment must be offered to all prospective residents over the telephone to come visit the community. You should assume all prospects want to tour the community and move right into it unless they tell you otherwise. Offer all prospects the opportunity to apply for an apartment. Provide all prospective residents with a copy of the community Applicant Selection Criteria.

40. Documentation & Consistency Consistency in Leasing Steering: Let the prospect decide what they want. You must offer what is available and then it is up to them. Document the prospect’s preferences that they have specifically told you that they want or must have. Remember, let the prospect “steer”, not you!

41. Documentation & Consistency Consistency in Leasing Forms & Processing: Be sure to use the same forms and processes for everyone as much as possible. Provide all prospective residents with a copy of the community rental criteria. Be sure to review the application for completion prior to the applicant leaving and review the approval process with them.

42. Documentation & Consistency Phone Calls and Messages Fair housing is just as important when dealing with follow-up phone calls and messages as it is when talking to people in person. Document all follow-up to prospects on the original guest card. When returning calls from messages, document the call, even if you find that it is a wrong number.

43. Documentation Procedures Retention of Documents All Guests Cards must be kept for a minimum of two years. Apartment availability reports must be kept for two years. Written service requests must be kept for a minimum of two years and must include the task completed, and the time, date and who completed it. All marketing and advertising items should be kept on file for two years in the community Marketing Binder. These should include where the marketing piece was distributed or the ad was placed and the run dates.

44. Documentation Procedures The 3 D’s that can save you! In the event that you or one your co-workers are accused of discrimination, you must be able to: D efend your actions, reasons for your decision, practices and policies. D emonstrate that all prospects and residents were treated equally regardless of their protected class. Provide D ocumentation regarding the complaint.

45. Fair Housing Complaints Once receiving a fair housing complaint, the Office of Fair Housing and Equal Opportunity (FHEO) will investigate any Fair Housing complaints filed with the Department of Housing and Urban Development (HUD). HUD (or another agency subsidized by the government) could send Testers to the community to investigate whether violations have occurred and if a pattern of violations exist. Testers call, email, or visit the community posing as prospects with the primary purpose being to uncover any Fair Housing violations.

46. Fair Housing Complaints A full HUD investigation may include a review of community files and interviews with residents and associates. Prospects, residents, and testers have up to one year from the date of the discriminatory act to file an administrative complaint with HUD or a local Fair Housing agency.

47. Fair Housing Complaints The administrative complaint begins an investigative process that leads to official findings by the Office of Fair Housing and Equal Opportunity (FHEO). These findings will either result in “dismissal of the complaint” if there is no reason to believe a discriminatory housing practice occurred or in issuance of a “charge” if there is some reason to believe a possible Fair Housing violation did occur. A private law suit must be filed within two years of the discriminatory act.

48. Fair Housing Violations If it appears that a violation has occurred, a hearing may be held before a HUD administrative law judge.

49. Fair Housing Penalties If found to be in violation of Fair Housing laws, penalties may be assessed. Both the company and the associate who violated the law may be held liable. “ In a civil action, the court may assess a civil penalty in the amount not exceeding $55,000 for a first violation and in an amount not exceeding $110,000 for any subsequent violation.” (The Fair Housing Act, section 814d)

50. Policies, Documentation and Complaints

51. Handicap / Disability In order to comply with Fair Housing laws we must: Show respect to residents and prospects with a disability and indentify the importance of showing sensitivity to a disability. Have a better understanding of what a “reasonable accommodation” or “modification” is. Know how to respond to requests for an accommodation or modification. Understand what is acceptable information to discuss with or ask the prospect or resident about their disability and the need for an accommodation or modification.

54. Disability Match-Up

56. Reasonable Accommodations and Modifications The Fair Housing Act states that housing providers must make reasonable accommodations in rules, policies, practices and/or services and allow reasonable modifications of existing premises. “ Reasonable” means that it does not impose undue financial or administrative burden on the property, or that anything that does not change the nature of the business.

57. Reasonable Accommodations Reasonable Accommodations are changes to rules, policies, practices and services that may be required to allow a disabled person to use and enjoy their apartment and/or the community.

59. Responding To A Request When a prospect or resident makes a request about changing something to the apartment, common areas or a policy, your response should be: “ We allow reasonable accommodations or modifications for any disabled resident , applicant or occupant who requires them.” Use the “Request for Reasonable Accommodation or Modification” form to allow the prospect or resident to make their request.

62. Third-Party Verifications This process allows us to verify that the person does indeed have a disability, what type of change is needed and how long it will be in effect. Since there are other organizations that assist disabled people, this verification, does not have to come from a health care provider. This third-party verification form should be used to help determine if an accommodation or modification is necessary.

64. Other Disability Protections HIV – AIDS HIV – AIDS are covered as a disabilities in the Fair Housing Act. Chemical Sensitivity This is a diagnosed sensitivity to certain chemicals. It too, is a disability that we may be requested to make an accommodation for a resident.

67. Accommodations and Modifications

68. Fair Housing Compliance “ Richman Property Services, Inc. supports the principle of equal housing opportunities. The company does not discriminate in the daily management of the communities, leasing of apartment homes or in any business practices related to its services, on the basis of race, color, religion, national origin, sex, familial status, handicap or any other factor under protection by federal, state or local laws.” (RPS Policy HR.POL.002 – Equal Housing Opportunity)

69. Fair Housing Compliance Prominently display the Equal Housing Opportunity poster in your leasing center where all people that would be looking for housing would be able to view it.

70. Fair Housing Compliance Occupancy guidelines should be posted in writing for each unit type offered at your community. These should be in a highly visible place for prospects and residents to view.

71. Fair Housing Compliance Require the Applicant Selection Criteria to be reviewed and signed by every applicant.

72. Fair Housing Compliance All paperwork, advertising and marketing materials should display the Equal Housing Opportunity logo .

73. Fair Housing Compliance All community associates must show a commitment to Fair Housing, receive training within the first month of being hired and attend an annual refresher course.

74. Fair Housing

75. Fair Housing Final Test

76. Fair Housing CONGRATULATIONS!

77. Fair Housing

78. Fair Housing Please E-Mail your test scores and a copy of your course certificate to: [email_address]