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
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Certified Apartment Property Supervisor
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.Laws and Legal Obligations
When conducting background checks on employees or applicants, you must notify them and get their permission to obtain a credit report.
National originTitle VII of the Civil Rights Act of 1964, as Amended
Prohibits employment discrimination to applicants or employees who are 40 or older
Prohibits employment discrimination against disabled applicants or employees who can perform the essential functions of the job, with or without reasonable accommodation
Regulates child labor
Applies to employers with 2 or more employeesFair Labor Standards Act (FLSA)
Requires employers to pay equal wages to male and female employees who perform similar work (equal skill, effort, responsibility)
Requires employers to grant up to 12 weeks of unpaid leave during a 12-month period for:
Requires employers to have a safety program to protect employees from hazards
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 employeesImmigration Reform and Control Act(IRCA)
Prohibits employment discrimination because of an applicant’s or employee’s military obligations
Prohibits an employer from disciplining or terminating an employee for being called to serve on a federal juryJury Systems Improvement Act
Prohibits employers from requiring applicants to submit to a polygraph exam
Notices about federal laws must be posted where employees can see them such as:
Offer to send the applicant’s signed consent to a full disclosure of employment information
Employees will know what you expect of them and will receive feedback on their work.
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 levelTopics To Include in a Counseling Meeting
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)
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.
A fair housing policy that describes its fair housing practices, including any requirements relating to occupancy guidelines, income, and credit and rental histories.
Display Fair Housing posters where they can be seen easily by prospective renters and residents.
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.Renting to Persons with Diabilities
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 Modifications
If your multifamily housing was first occupied after March 13, 1991, It must comply with these seven design requirements for new construction:Multifamily Housing Post 1991
Learning Outcomes: Legal Responsibilities and Risk