National Apartment Association Education Institute Legal Aspects

1. National Apartment Association Education InstituteLegal Aspects 1 – 877 – 240 – 4050 1

2. Legal Aspect Objectives Explain how Fair Housing laws apply to the multihousing industry Identify major components of the Fair Housing law Apply Fair Housing concepts to the responsibilities and duties of a Leasing Professional 2

3. Legal Aspect Objectives • Relate to their positions the provisions of: • Equal Credit Opportunity Act • ADA • Criminal Background Checks • Lead Paint Safe Work Practices • Implement basic emergency contact procedures when required • Outline the basics of legal compliance, risk management and risk reduction 3

4. Overview of Fair Housing • The Civil Rights Act of 1866 • The 14th Amendment to the U.S. Constitution • The Fair Housing Act and related legislation • Title VIII of the Civil Rights Act of 1968 • 1974 Amendments • 1988 Amendments • November, 1998 Initiative • January, 2000 HUD Final Ruling 4

5. Current Fair Housing Laws Involve: Responsibility Liability Penalties 5

6. The Civil Rights Act of 1866 “All citizens of the United States shall have the same rights in every State and Territory, as is enjoyed by white citizens thereof to inherit, purchase, lease, sell, hold, and convey real and personal property.” 6

7. The Fair Housing Act of 1968 Race Color Religion National origin Sex was added in 1974 7

8. The Fair Housing Act Amendments of 1988 Race Color Religion Sex National Origin Familial Status Handicapped 8

9. The Fair Housing Act Amendments of 1988 Renters Can Really Sue Now for Housing Violations 9

10. The Differences Between the 1968 & 1988 Acts • If HUD finds reasonable cause to believe that the law has been violated, it now has the authority to bring the case to a hearing before an Administrative Law Judge (ALJ). • Private enforcement has been strengthened by removing the limitations on punitive damages and making the standard for awarding attorney's fees more like the standard used in other civil rights laws. • It expanded the statute of limitations to 2 years for lawsuits. 10

11. The Purposes of the 1988 Amendments • To create an administrative enforcement mechanism that is subject to the use of court enforcement by private litigants and federal enforcement agencies • To extend equal housing opportunity to disabled persons • To extend equal housing opportunities to families with children. 11

12. The Result of the 1988 Acts Leases Applications Guest Cards Newsletters Advertisements 12

13. Guidelines for Fines 13

14. In 2010, Claims to HUD 34% Race Related 48% Disability Related 15% Familial Related 14

15. HUD Final Ruling Effective January 27, 2000, an Administrative Law Judge (ALJ) can assess a separate civil penalty against a respondent for each separate and distinct discriminatory housing practice. The old procedure could only assess a single civil penalty in cases regardless of how many acts of housing discrimination occurred. 15

16. HUD Final Ruling - ALJ • Actual monetary damages • An injunction prohibiting any such actions in the future or similar relief • Attorneys fees and costs • Civil Penalties 16

17. HUD Final Ruling – Court • Actual and punitive damages • An injunction prohibiting any such actions in the future • Attorney’s fees and costs • Civil Penalties 17

18. Filing a Fair Housing Complaint Contact with a local or regional HUD Office Attorney general office Fair housing alliance Advocacy group HUD 18

19. FairHousing 2 Golden Rules Treat everyone the same Be consistent 19

20. Fair Housing Discrimination Disparate Treatment • Is a result of treating or behaving differently toward someone because they are a member of a protected class. 20

21. Fair Housing Discrimination Disparate Impact • Is due to a policy or procedure that has a different impact on persons of protected classes. 21

22. Prohibited Practices Activity 2. Use of different qualifying criteria, rental standards, or procedures that are different from normal with any member of a protected class. • Failure to accept or consider a bona fide offer to lease an apartment home from a member of a protected class. 22

23. Prohibited Practices Activity 3. Use of different provisions in leases with members of protected classifications. 4. Limiting the use of privileges, services, or facilities associated with an apartment community because of the protected classification of a resident or their guest. 23

24. Prohibited Practices Activity 6. Discouraging the leasing of an apartment home to protected classes by exaggerating the drawbacks or failing to inform any person of desirable features. 5. Discouraging any person from inspecting or leasing an apartment home because of their protected classification. 24

25. Prohibited Practices Activity 7. Employing codes or other devices to segregate, or reject, or refuse someone because they are of a particular protected classification. • 8. Using words, phrases, photographs, illustrations symbols, or forms that convey that apartment homes are or are not available to a protected class. • 9. Expressing a preference for or a limitation of any resident in a protected class. 25

26. Prohibited Practices Activity • 10. Selecting media or advertising that leaves out particular segments of the housing market regarding housing opportunities. • 11. Providing false or inaccurate information regarding the availability of an apartment home for rental to any person. 26

27. Prohibited Practices Activity 13.Threatening an employee or agent with dismissal or an adverse employment action, for any effort to assist a person seeking access to the rental of an apartment home. 12. Threatening, intimidating, or interfering with residents, visitors or associates of such residents in their enjoyment of an apartment home when these persons are included in the protected classification. 27

28. Prohibited Practices Activity 15. Retaliation against any person because that person has made a complaint, testified, assisted, or participated in any manner in a proceeding under the Fair Housing Act. 14. Intimidating or threatening any person because that person is engaging in activities designed to make other persons aware of, or encouraging other persons to exercise rights granted or protected by the Fair Housing Act. 28

29. Fair Housing Verdict Activity Case #1 Residents with AIDS 29

30. Fair Housing Verdict Activity Case #2 Sexual Harassment 30

31. Familial Status Defined One or more individuals under theage of 18 years living with: • A parent or a legal custodian • The designee of the parent • The custodian with evidence of written permission • Any person who is pregnant or is in the process of securing legal custody of any individual under the age of 18. 31

32. Occupancy Standards 32

33. Fair Housing Activity: Familial Status Case #1 Ms. Davis and her son 33

34. Fair Housing Activity: Familial Status Case #2 Marlene & Michael Briggs 34

35. Fair Housing Activity: Familial Status Case #3 Muslim Families 35

36. Fair Housing and Disability Status ·  A physical or mental impairment that substantially limits one or more majorlife activities. The definition does not include illegaluse of or addiction to a controlled substance. 36

37. Physical Impairment Includes: Any physiological disorder or condition Cosmetic disfigurement Anatomical loss affecting specific body systems. 37

38. Mental Impairment Includes: • Any mental or psychological disorder • mental retardation • organic brain syndrome • emotional or mental illness • specific learning difficulties 38

39. Major Life Activities Means: • Caring for one's self • Performing manual tasks • Walking • Seeing • Hearing • Speaking • Breathing • Learning • Working 39

40. Fair Housing and Disability Status Reasonable modifications Under Section 504, Federally Assisted Housing, the owner is responsible for the expenses of making reasonable modifications. Reasonable accommodations • Rules • Policies • Practices or services 40

41. Prohibited Practices Make Inquiry into Person’s Disability Deny Housing due to Disability Discriminate in Terms of Services Due to Disability 41

42. 1 Fair Housing Disability Status Activity Case #1 Business Center 42

43. 1 Fair Housing Disability Status Activity Case #2 “Multiple Chemical Sensitivities” 43

44. 2 Fair Housing Disability Status Activity Scenario #1 Leasing Tour 44

45. 2 Fair Housing Disability Status Activity Scenario #2 Carpet 45

46. Shopping Report Fair Housing Testers • Fair Housing testers (shoppers) help enforce Fair Housing laws. • Shoppers generally operate in pairs or teams. 46

47. The Solution Treat everyone the same Be consistent 47

48. Additional Leasing Procedures to Avoid Discrimination Treat everyone fairly and consistently Documented information Follow company policies Maintain good records Document which apartments are shown Update with regular training Maintain a consistent professional attitude 48

49. Additional Leasing Procedures to Avoid Discrimination Use a specific, defined tour route Comply with Occupancy Guidelines Ask how many occupants will be living in the apartment Refer any disabled prospective residents to a supervisor Ask your supervisor before promising anything Offer the same rates, fees, concessions, and specials Know your local and state Fair Housing laws Review the Fair Housing laws regularly 49

50. Leasing in the Multicultural Marketplace Be sensitive to prospects from different countries and cultures Treat all prospects with respect 50