National Apartment Association Education Institute Certified Apartment Property Supervisor. Legal Responsibilities and Risk Management. Restrooms Breaks Lunch Cellular Phones Smoking. Housekeeping. Introductions. Name Company Number of Units How Many Years In the Business
Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author.While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server.
National Apartment Association Education Institute
Certified Apartment Property Supervisor
Legal Responsibilities and Risk Management
Help us stay on track.
Laws exist to protect people’s rights. As a multi-property supervisor, you need to be aware of those rights for employees and residents—and see that the community management teams comply with the rule and the spirit of the law.
Failure to follow local, state, and federal laws can potentially put the company and the properties into serious legal jeopardy.
In all stages of employment you may not discriminate based on:
Sets requirements for minimum wage and overtime eligibility
Regulates child labor
Applies to employers with 2 or more employees
Prohibits employment discrimination based on national origin or citizenship status
Requires the processing of an I-9 form to prevent the hiring of illegal aliens
Applies to employers with 3 or more employees
Prohibits an employer from disciplining or terminating an employee for being called to serve on a federal jury
Prepare questions in advance
Use only acceptable questions!
Ask all applicants the same questions (use of an interview guide is recommended)
Ask only job related questions
Keep application forms and employment records for at least one year
Restate the “at will” employment relationship.
Give a written list of job duties.
Give a written offer of pay and benefits.
Refer to the employee handbook that includes company policies.
Provide a document for the employee to sign and accept the job offer.
The employee works at the will of the employer.
The employer can terminate the employee at any time for any reason, or for no reason at all (but not for discriminatory reasons).
The employee is free to quit at any time.
Setting High Standards
Maintaining a Drug-Free Workplace
Maintaining a Harassment-Free Workplace
Use an Employee Handbook to Further Outline These Policies
Your expectations of how the job should be performed
How the employee is currently performing
Critical element(s) where the employee is failing or falling short
What the employee must do to bring performance to an acceptable level
This protocol must educate employees on:
Material Safety Data Sheets-
Hazardous Ingredients or Components
Physical and Chemicals Characteristics
Fire and Explosion Hazard
Health Hazard Data
Spill or Leak Procedures
OSHA’s exposure control program for dealing with the control of bloodborne pathogens in the workplace, including Hepatitis B Virus (HBV) and the Human Immune Deficiency Virus (HIV)
Personal Protective Equipment
OSHA requires the use of Personal Protective Equipment (PPE) to reduce exposure to hazards in the workplace.
Items such as:
Employers must have a written training program for employees who perform electrical service and maintenance on the property, including those who assist with the work.
This includes minor electrical repair and maintenance tasks, such as changing ballasts in overhead lights or replacing simple switches.
Inspect and investigate any facility, equipment, and records mandated by the regulations
Interview and observe personnel
Observe areas that aren’t covered by the employer’s consent or the inspection.
Under the Fair Housing Act, people with disabilities are promised "equal enjoyment of housing." That means they can ask for reasonable modifications and accommodations to give them equal accessibility to all features and benefits of the rental community and its policies.
According to the Fair Housing Act, an individual has a disability if he or she has a condition that substantially limits one or more major life activities. These conditions include but are not limited to:
Examples of Reasonable Accommodations
Examples of Reasonable Modifications
If your multifamily housing was first occupied after March 13, 1991, It must comply with these seven design requirements for new construction:
Entry for Requested Repairs
Entry for Scheduled Repairs
Entry for Law Enforcement and Government Officials
Key Information (Parties, Location, Date, etc.)
Scope of Work
General Waiver and Release
Settlement and Release Agreement
Payment Terms and Penalties
Signatures and Authorizations
Workers Compensation Insurance
Self-Insurance – Retention of Risk
ADH or FHA Claims
Communicating with Others
Responding to Crime
Taking Care of Resident Relations
Dealing with the Media
Moving to Recovery
Learning Outcomes: Legal Responsibilities and Risk
This plan is yours and yours alone
You decide on the leadership areas you want to work on
You set the number of goals
You decide on the action steps and timeline.