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
Help us stay on track.
Have fun.Ground Rules
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
National originTitle VII of the Civil Rights Act of 1964, as Amended
Sets requirements for minimum wage and overtime eligibility 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)
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 an employer from disciplining or terminating an employee for being called to serve on a federal juryJury Systems Improvement Act
Prepare questions in advance disclosure of employment information
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 yearInterviewing
Restate the “at will” employment relationship. disclosure of employment information
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.WHEN Extending Conditional Offers,
The employee works at the will of the employer. disclosure of employment information
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.“At Will” Means…
Maintaining a Drug-Free Workplace
Maintaining a Harassment-Free Workplace
Use an Employee Handbook to Further Outline These PoliciesEstablishing Clear and Legal Rules
Your expectations of how the job should be performed 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
This protocol must educate employees on: Terminating Employees
Material Safety Data Sheets- Terminating Employees
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 Terminating Employees
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.
OSHA Can: to reduce exposure to hazards in the workplace.
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.OSHA Inspections
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 Accommodations 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
Emergency Entry 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
Denied EntryEntering a residence
Scope of Work
General Waiver and Release
Settlement and Release Agreement
Payment Terms and Penalties
Signatures and AuthorizationsElements of A contract
Property Insurance Contracts
Workers Compensation Insurance
Self-Insurance – Retention of Risk
Others?Financing Risk With Insurance
ADH or FHA ClaimsTypes of Incidents To Report
Communicating with Others Contracts
Responding to Crime
Taking Care of Resident Relations
Dealing with the Media
Moving to RecoveryManaging a Crisis
Learning Outcomes: Legal Responsibilities and Risk
This plan is yours and yours alone Management
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.The Action Plan