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PASSAIC COUNTY: EXPANDING FAIR HOUSING OPPORTUNITIES AND FAIR HOUSING COMPLIANCE APRIL 17, 2015 PASSAIC COUNTY PUBLIC HOUSING AGENCY JANICE DEJOHN, EXECUTIVE DIRECTOR janicedj@passaiccountynj.org (973)881-4370
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FAIR HOUSING LAWS PROTECT AGAINST DISCRIMINATION. WHAT DOES THIS MEAN?? IN ONE SENTENCE: TREAT EVERYONE EQUALLY.
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YOU CANNOT DISCRIMINATE AGAINST: RACE, CREED, COLOR, NATIONAL ORIGIN, ANCESTRY, SEXUAL ORIENTATION, SEX/GENDER, MARITAL STATUS, NUMBER OF CHILDREN IN FAMILY, AGE, MENTAL DISABILITY, PHYSICAL DISABILITY, LEARNING DISABILITY, SOURCE OF INCOME OR PARTICIPATION IN SECTION 8 OR A RENTAL ASSISTANCE PROGRAM
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CHILDREN(or one on the way) -cannot steer to another building -cannot charge higher rent/security
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DISABILITY LANDLORD MUST ALLOW TENANT TO MAKE MODIFICATIONS AS NEEDED TO ACCOMMODATE THE DISABILITY (AT THE TENANT’S EXPENSE). THE REQUEST MUST BE REASONABLE AND THE TENANT CAN BE REQUIRED TO REMOVE IT WHEN THEY VACATE THE UNIT. THE REQUEST SHOULD COME FROM THE TENANT, AND SHOULD NOT PRESENT HARDSHIP TO THE OWNER. IF IT DOES, THE OWNER SHOULD RESPOND IN WRITING AS TO THE REASON(S) THE REQUEST CANNOT BE ACCOMMODATED. EX. GRAB BAR IN BATH, RAMP AT FRONT DOOR
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RACE/SEX/GENDE R ASSIGNING CERTAIN TENANTS ON SEPARATE FLOORS DISCOURAGING RENTING IN A NEIGHBORHOOD WITHHOLDING MAINTENANCE FOR SEXUAL FAVORS OFFENSIVE REMARKS
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WHAT LANDLORDS NEED TO KNOW OR, WHAT YOU SHOULD AND SHOULDN’T DO
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ADVERTISE. - DESCRIBE THE PROPERTY, NOT WHAT YOU ARE LOOKING FOR WRONG OR RIGHT 1.GREAT FOR A YOUNG COUPLE 2.EXCLUSIVE TOWNHOME 3.USE A DISCLAIMER THAT STATES YOU DO NOT DISCRIMINATE BASED ON RACE, COLOR, RELIGION, NATIONAL ORIGIN, SEX, DISABILITY OR FAMILIAL STATUS 4.NO CHILDREN 5.SECOND FLOOR, 2 BEDROOM UNIT WITH DINING ROOM - TENANT PAYS UTILITIES
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DO NOT STEER “HERE IS THE PROPERTY FOR YOU” “YOU WILL LIKE THIS APARTMENT BECAUSE IT IS QUIET WITHOUT CHILDREN AROUND” “THIS ISN’T FOR YOU, I CAN SHOW YOU SOMETHING ELSE” LET THE TENANT CHOOSE.
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OCCUPANCY -1996- CONGRESS ENACTED A LAW BASED ON A HUD MEMO- STATING THAT IN MOST CASES, 2 PEOPLE PER BEDROOM WAS ACCEPTABLE. THERE IS A LOT OF FLEXIBILITY IN THIS – DEPENDING ON SPACE, # OF INFANTS (WHICH MANY FAIR HOUSING EXPERTS DO NOT COUNT).
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RECORD KEEPING DOCUMENT, DOCUMENT, DOCUMENT UPDATING IS FOREVER APPLICATIONS ( OLD, NEW, REJECTED) POLICIES (keep it general, and include actions that will be taken when the rules are broken) LEASES/MOVE IN DATES AVAILABLE APARTMENTS LOGS LOGS OF PHONE CALLS/CONVERSATIONS RENT ROLLS CORRESPONDENCE/THIRD PARTY DOCUMENTATION PHOTOGRAPHS PAPERWORK IS KING
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TRAINING NEW EMPLOYEES – PROVIDE WRITTEN POLICIES FAIR HOUSING/CUSTOMER SERVICE TRAINING STAFF MEETINGS
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HOW TO SCREEN APPLICANTS (WITHOUT GETTING INTO TROUBLE-this is where most people do) DO CREATE AN APPLICATION (WITH APPLICANT SIGNATURE AND DISCLOSURE YOU WILL BE USING ALL INFORMATION TO PERFORM CHECKS) OCCUPANCY GUIDELINES EXPLAIN LEASING TERMS (INCLUDING SECURITY DEPOSIT) RENTAL CRITERIA-I.E. EMPLOYMENT HISTORY (AND VERIFICATION OF SUCH), INCOME, CREDIT, REFERENCES,CRIMINAL BACKROUND, CURRENT AND PREVIOUS LANDLORD PHONE AND ADDRESS, PETS, SMOKING ASK ABOUT PRIOR EVICTIONS, BANKRUPTCY, AND WHY THEY ARE LEAVING CURRENT UNIT GOOGLE HAVE A WITNESS HAVE A WRITTEN POLICY OUTLINING ACCEPTANCE CRITERIA ADHERE TO THE WRITTEN POLICY “SCREENING IS A JOB IN ITSELF”
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DO NOT ASK ABOUT RACE, GENDER OR RELIGION RUSH THROUGH THE PROCESS OR SKIP STEPS TAKE TOO LONG TO SAY NO MAKE IT PERSONAL-THIS IS NOT AN AFFAIR OF THE HEART-IT IS A BUSINESS TRANSACTION GIVE OUT CREDIT/CRIMINAL REPORT INFORMATION DISCARD RECORDS
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REMEMBER: CONSISTENCY, FAIRNESS AND DOCUMENTATION MOST FAIR HOUSING CLAIM INVESTIGATORS LOOK AT: LETTERS/NOTICES WRITTEN COMPLAINTS WRITTEN LOGS BY MANAGEMENT PHOTOGRAPHS KEEP UP WITH THE TIMES
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THANK YOU FOR ATTENDING TODAY PASSAIC COUNTY PUBLIC HOUSING AGENCY INTERVIEWERS: NICCOLE ALLEGRA (973)881-4498 niccolew@passaiccountynj.org niccolew@passaiccountynj.org ELIZABETH COLON (973)881-4371 elizabethc@passaiccountynj.org elizabethc@passaiccountynj.org CLARISSA MANJARRES (973)569- 2177 clarissam@passaiccountynj.org
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