Fair Housing For Property Managers [Presenter’s Name] Human Relations Specialist N.C. Human...

Fair Housing For Property Managers

[Presenter’s Name]

Human Relations Specialist

N.C. Human Relations Commission

www.doa.nc.gov/hrc

Agenda Agency overview and mission Definition of housing discrimination Protected and non-protected classes Laws prohibiting discrimination Examples of discriminatory housing practices Reasons for complaints Tenant issues

Selection Rules and obligations, and Termination process

Legal practices

Agency overview

Mission of the Human Relations Commission

To provide services and programs aimed at improving relationships among all citizens of the state, while seeking to

ensure equal opportunities in the areas of employment, housing, public

accommodations, recreation, education, justice and governmental services

General functions of the Human Relations Commission

Enforce the NC Fair Housing Act through the investigation of housing discrimination complaints

Provide referrals for public accommodation and employment issues

Conduct outreach to public and private entities about fair housing, civil rights laws, and human relations issues

General functions of the Human Relations Commission

Push for stronger policies and laws against discrimination

Offer resources for the resolution of community conflicts and to victims of hate crimes

Definition of housing discrimination:

The act of treating someone differently in a housing

transaction on account of race, color, sex, religion, national

origin, families with children and handicap

The 7 protected bases:

Race

Color

Religion

Sex

National Origin

Families with Children

Handicap

Categories not protected under state and federal laws

Marital status

Students

Sexual Orientation

Income

Age

Laws prohibiting housing discrimination

Title VIII - Federal Fair Housing Act

Prohibits discrimination in a real estate transaction based on race, color, sex, religion,

national origin, familial status or handicap

State Fair Housing Act - Chapter 41A

Prohibits discrimination in a real estate transaction based on race, color, sex, religion,

national origin, familial status or handicap

N.C.G.S. 93a - Rea Estate Licensing Law Any conduct by a broker or salesman which

violates the State Fair Housing Act constitutes a violation of the Real Estate License Law

Residential real estate transactions

Rentals Sales Financing Purchasing Constructing Improving Repairing Maintaining Appraisals

Types of housing covered by the law

Houses for sale or rentApartments for sale or rentMobile homes for sale or rentBeach rentalsTime-sharesVacant lots (residential use only)

Land use Land use planners, such as zoning boards,

cannot discriminate based on the seven protected classes, or, with some exceptions, because a development or plan, may contain affordable housing

State Fair Housing Act, N.C. General Statute § 41A-4(g)

Familial Status The 1988 Amendment prohibits housing

discrimination against:

families with children under age 18

pregnant women

the designee of the parent or other person having custody, provided the designee has the written permission of the parent or other person

Examples of Familial Status violations

Refusing to rent to families with children or to families based on the number of children in the family

Segregating families with children to a certain part of the complex, building, or floor

Having unreasonable safety rules and policies targeted towards children

Charging different security deposits for families with children

Definition of handicap

With respect to a person, a physical or mental impairment which substantially

limits one or more major life activities; a record of such an impairment; or a

person being regarded as having such an impairment*

*Federal Register, Vol. 54, No. 13, Monday , January 23, 1989, Rules and Regulations.

Major life activities include: Self-care Manual tasks Walking Breathing Seeing Hearing Speaking Learning Working

Handicap requirements Multifamily housing built after March 13, 1991

must be accessible and comply with the FH Act’s Design and Construction requirements:

Accessible building entrance on an accessible route Accessible and usable public and common use areas Usable doors Accessible route into and through the unit Environmental controls are in accessible locations Reinforced walls for grab bars Usable kitchens and bathrooms

Handicap requirements

Reasonable Accommodations A change in a rule, policy or practice, or in the way services

are provided, to enable a disabled person to have equal opportunity to use and enjoy a dwelling (or common area)

Reasonable ModificationsPhysical changes to a dwelling, or common areas, that a

landlord allows a disabled tenant to make to enable the tenant an equal opportunity to use and enjoy a dwelling or common area. (A tenant is responsible to pay for the modification unless the property is federally subsidized.)

Do not ask unlawful questions regarding a disability

Examples of reasonable accommodations

Moving a disabled tenant to a larger unit to accommodate live-in care

Moving a mobility impaired tenant to a ground floor unit

Assisting a mentally impaired person in filling out an application

Granting an exception to “no pets” policy to allow a service animal or companion animal

Examples of reasonable modifications

Installation of a grab bar in a bathroom shower

Construction of a handicap ramp at a point of entry

Installation of a door signaler (to replace a traditional doorbell) for hearing impaired tenants

Some examples of discriminatory housing practices

Discriminatory advertising and/or statements Falsely denying that housing is available Screening applicants differently Refusing to allow a person to apply for

housing Refusing to rent Charging different rents or security deposits Segregation within a complex Refusing to make a real estate loan for

residential property

Other examples of discriminatory housing practices

Failing to grant reasonable accommodations/ modifications to disabled residents

Failing to build accessible housing that complies with the FHA’s design & construction standards

Unwelcomed and uninvited sexual advances by a landlord towards a tenant

“quid pro quo” (e.g. a landlord evicts a tenant who rebuffs landlord’s unwelcomed advances or offers lower rent for sex)

Who can bring a charge?

Any person or group that is harmed or about to be harmed by an act of housing discrimination

How are complaints processed?

1. Complainants contact HUD or call the NC Human Relations Commission

2. Complainant is interviewed in intake process 3. A complaint is drafted 4. Complainant signs the complaint5. Respondents are notified6. Complaint is investigated7. Conciliation efforts are attempted to resolve the

complaint throughout the investigation.8. Determination issued by the Commission.9. Enforcement of finding and right to sue letter issued

to complainant in a “no cause” finding; hearing before an administrative law judge in a “cause” finding or either party can elect to go to court.

Exemptions…

Rental of housing accommodations in a building which contains accommodations for not more than four families living independently of each other, if the lessor or a member of his/her family resides in one of the units

Rental of a room/s in a private house (not a boarding house) if the lessor or a member of his/her family resides in the house

Religious institutions, charitable or educational organizations operated by the organization which which gives preference to members of the same religion, as long as members in such religions are not restricted by race, color, sex, national origin, handicap status or familial status

Private clubs

Single-Sex dormitories

Commercial real estate

Reasons for complaints

Discourteous treatment

Run-around

Differential treatment

Tenant selection process

Advertising No written or verbal ad about refusal to

rent because of race, sex, religion, national origin, color, handicap or familial status

No ad indicating preference based on race, sex, etc.

No steering Running ads when there are no available

units may cause issues


Written application Serves as record

Illegal to keep record of tenants’ race (unless required by federal government for subsidized housing)

Offer assistance to non-readers


Interviewing applicantsTreat all applicants the sameOffer written applications to everyoneAsk relevant questionsAsk the same questions to all applicantsAvoid questions about applicant’s

personal beliefs (i.e., religious, political)


Rejecting applicantsTell all rejected applicants that they are

rejectedMake a written notation of the reason

for the rejectionTell applicants the real reason for the

rejection, (preferably in writing)


Credit checks/referencesUse them for everyone or no oneBe consistentHave written standards for judging credit

ratings


Waiting listsDon’t say you have one if you do not


Racial quotasRent to all qualified applicants on a first-

come, first-serve basis (unless you have a waiting list)

Maintaining only a specified percentage of minorities is illegal.

Tenant rules and obligations

Changes in rent Rent Specials (problem could arise if a tenant feels

like another tenant got a better deal)

Late rent payments Be consistent: If you’re going to accept late

rent from some, be prepared to accept late rent from all

Have a standard lease that has a provision on late payments and late fees


Neighbor’s complaints about tenants

Can be a good source of information about tenants who are violating rules, but could also be the start of discrimination complaint

Investigate complaints from tenants, ask for details from complaining party

Tenant rules and obligationsOvernight guests, long-term guests and

unauthorized live-ins

Rental managers may:

Forbid tenants from having overnight guests Forbid tenants from having long-term guests Forbid people from living in an apartment if they are not

on the lease Require all tenants to get prior permission for overnight

guests


Overnight guests, long-term guests and unauthorized live-ins

Be consistent when enforcing the overnight guest rule

Investigate complaints. Don’t snoop. Ask the tenant, then observe, if necessary

Termination of tenancy:Evictions

Recommendations for reducing tenant complaints

Give oral and/or written warnings before evicting (document in file)

Give tenant the true reason for the eviction

Termination of tenancy:EvictionsGuidance for protecting the property owner if a

complaint is filed

Consistency Fair warning Being straightforward Documentation

All tenant rules should be clear, in writing and distributed to all tenants

Handling maintenance and repair requests

Follow regular procedures for responding to a work order.

Follow procedures for work orders, addressing health and safety issues in all cases regardless of the health condition of resident.

If a delay in service is expected, inform the resident of the reason for the delay.

Respond in order of receipt of requests, unless a case is an emergency

Handling maintenance and repair requests

Refer requests for changes to the unit to the resident service staff

Inform resident service staff of any apparent violations of resident rules

Treat all residents the same

Document your work

The 10 most common fair housing mistakes

1. Failure to keep records2. Inconsistency in the application of rules3. Retaliation4. Having an all-adult complex5. Violation of familial status out of concerns for

safety6. Failure to reasonably accommodate a tenant

with a disability

The 10 most common fair housing mistakes

7. Failure to clearly convey commitment to fair housing to managers, rental/sales agents, staff and tenants/residents

8. Failure to train managers in fair housing law (recommended annually)

9. Unreasonable occupancy standards10. Failure to communicate with tenants, clients,

applicants

Practices that are legalRental managers may set reasonable occupancy

standards for their properties.

Rental managers may set criteria for accepting applications.

Rental managers may set tenant rules for their properties.

Rental managers may evict rule violators.

Commonly asked questions and suggested responses

Q: “What is the racial makeup of this complex?”A: “Our company does not identify properties by the

race of the complex.”

Q: “Can’t you just pick out some nice communities in a safe area for us?”

A: “We have many apartment communities in our market area to choose from. We welcome you to inspect a few to see which ones best suit your needs.”


Q: “I’m from out of town, could you suggest some good areas?”

A: “We feel that all the areas in which we do business have many positive features. However, the communities, style and price of housing vary, what particular features are you looking for?”


Q: “Are the schools integrated?”

A: “Our office does not maintain those statistics. I suggest you contact the Board of Education.”

Basic points to remember You may not evict or refuse to rent to

someone because of race, color, sex, religion, national origin, handicap or familial status.

You may not treat any applicant or resident differently from others because of race, color, sex, religion, national origin, handicap or familial status.

Basic points to remember

Tenants with handicaps are entitled to reasonable accommodations/modifications that lessen the effects of their disabilities so they can fully enjoy their housing.

Be consistent in your dealings with applicants and tenants.

Basic points to remember

Treat everyone with basic courtesy and respect

Be consistentBe straightforwardDocument If in doubt about the appropriate way to

handle a situation dial, (919) 807-4420

Contact information N.C. Human Relations Commission:

116 West Jones Street, 2nd floor

Raleigh, NC 27603

Toll Free: 1(866) 324-7474

Main: (919) 807-4420

www.doa.nc.gov/hrc

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