Kathi Williams770-840-7005kathi@fairhouse.net

Animal Issues

Documenting Reasonable Accommodations Requests and Verifications

How to Handle False Requests and Verifications

VAWA Documenting Abuse Occurred

Preventing Sexual Harassment in the Workplace

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Panda the Horse

Sadie the Parrot

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Rosie is a blind applicant who has applied for an apartment at Happy Village.

Rosie comes to the interview with her guide horse named Panda

Rosie asks Lisa, the manager, for a two bedroom so she’ll have room for Panda

What should Lisa do?

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1. Explain to Rosie that Panda is too large to live in a small unit.

2. Ask for the training certification to prove that Panda is a trained service animal.

3. Ask Rosie to obtain a note from her doctor that she is blind and needs a guide horse.

4. Discuss with Rosie any special needs she has due to her disability including any special requirements that will be necessary for her guide horse, then place her on the waiting list for the appropriate sized bedroom

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Pet policies Assist animals may be reasonable accommodation

to any and all policies regarding pets Pets vs. Service Animals vs. Companion Animals Costs associated with service animals should be

included as disability related expense No related charges until actual damage occurs Size restrictions Types of animals – cats, dogs, birds, exotic(?)

◦ Difference in FHA and ADA requirements Assist animal agreement

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Should a resident say, “I would like an accommodation in your practices, policies, or procedures that is necessary to allow me full enjoyment of my housing because of my disability, pursuant to 42 U.S.C. §3604(f)(3)(B)”?

Can’t insist resident use specific language to make a request or use your forms if adequate info is provided

If staff is unclear, ask directly “are you asking this because of a disability?”

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NO VERIFICATION REQUIRED when the disability and/or the need for the accommodation is “readily apparent” (visually obvious)

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Always for eligibilityFor reasonable accommodation, if disability or need for accommodation is not “readily apparent” = visually obvious

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Is this person “disabled” (provide definition)? Does this person need an accommodation

BECAUSE OF the disability? What is the accommodation needed? What is the connection between the

disability and the request? Do you know that if this matter is litigated

you may be required to testify as to the accuracy of the information you are providing?

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Verifier need not be MD What about “self verification”? While should avoid questions about the

nature or severity of the disability, can ask resident and verifier to explain the nexus/connection between the disability and the requested accommodation

Can follow up if verification appears contrary to information visible to staff

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Burt sends a request to Lisa that he be permitted to transfer to a different/larger apartment mid lease

He requests that Lisa pay for the transfer as a reasonable accommodation because he is depressed and claustrophobic and his current unit is causing his symptoms to worsen

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When Lisa verifies Burt’s request, his doctor says he’s depressed and phobic and the larger, sunnier apartment will improve the symptoms associated with his depression and fear of small spaces

Lisa believes Burt just wants to be able to get his transfer paid for to a newly vacant, highly desirable apartment in his building

What should Lisa do next?Does it matter whether the property is market rate or HUD subsidized?

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1. Ignore Burt’s request because it is ridiculous

2. Ask Burt to provide another verification from a different doctor

3. Permit the transfer, but require that Burt pay for associated costs

4. Send the doctor a questionnaire requesting additional explanation of how a different apartment will ameliorate the symptoms of Burt’s disabilities

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◦Follow up with both resident and verifier to clarify any confusing information

◦To be able to follow up with verifier, the verification authorization should include statement that authorization covers the information on this form and any follow up information needed to make determination of request

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◦Follow up can occur in telephone call or with additional forms or letters

◦If there’s a conflict in the information known by staff, ask the verifier to explain the conflict

◦Ask the verifier for more information of why this accommodation is necessary for the resident or how the accommodation is connected to the

disability 16

Applicant/Resident chooses method of documenting that abuse occurred from the 3 methods

1.Applicant/Resident is allowed, but not required to self certify abuse using HUD forms 50066 (PIH) or 91066 (H)

2.Or can provide third party documentation with police or court records

3.Or documentation signed by employee, agent or volunteer of victim service provider, an attorney, or medical provider from whom victim has sought assistance

o Professional must attest under penalty of perjury under 28 U.S.C. 1746 that incidents are bona fide incidents of abuse

o Recommend use of a form or attachment for letter

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1. Anita Hill vs. Justice Clarence Thomas

2. Paula Jones vs. President Bill Clinton

3. The Tailhook Convention

4. Mitsubishi Motors Manufacturing

5. University of Colorado Football Program

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Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964

Title VII applies to employers with 15 or more employees

State laws also prohibit sexual harassment

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Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance, or creates an intimidating, hostile, or offensive work environment.

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Sexual harassment can occur in a variety of circumstances, including but not limited to the following:

The victim as well as the harasser may be a woman or a man. The victim does not have to be of the opposite sex.

The harasser can be the victim's supervisor, an agent of the employer, a supervisor in another area, a co-worker, or a non-employee.

The victim does not have to be the person harassed but could be anyone affected by the offensive conduct.

Unlawful sexual harassment may occur without economic injury to or discharge of the victim.

The harasser's conduct must be unwelcome.

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It is helpful for the victim to inform the harasser directly that the conduct is unwelcome and must stop

The victim should use any employer complaint mechanism or grievance system available

It will be important for the victim to provide evidence that she told someone at the time the harassment was occurring

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• Sexual teasing, jokes, remarks, questions • Sexual looks, gestures • Deliberate touching, leaning, cornering • Pressure for dates • Letters, calls, sexual materials • Stalking • Pressure for sexual favors • Actual/attempted rape, assault

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Voluntary sexual relationships in the work place Focus is on “unwelcomeness” rather than

voluntariness Does not have to cause an economic or tangible

injury Must prove only a hostile or abusive work

environment Must be sufficiently severe or pervasive Employer liability if harassment is proved

◦ Always for supervisors◦ For Coworkers, only if employer was notified

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1.As an employee who believes she is being sexually harassed by a coworker, it will be important to your cause of action to discuss the matter with your therapist.

2.As a supervisor, if an employee from another division in the company complains of sexually harassing behavior by her supervisor, your best action would be to tell her to tell him to stop.

3. A male employee who is gay could file a charge of sexual harassment against his male supervisor if he continually makes rude comments and homosexually harassing jokes.

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4. A female maintenance employee should expect to work in an environment with sexually explicit language and teasing, and would not be able to file a claim about such behavior.

5. Only after an employer has fired an employee could the employee file a complaint of sexual harassment.

6.If an employee is overly sensitive to raunchy jokes, that’s her problem and she needs to be told to grow up.

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Kathi Williams 770-840-7005 Kathi@fairhouse.net