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LANDLORD BEST PRACTICES FOR FAIR HOUSING COMPLIANCE
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Why Make Fair Housing Compliance a Priority It’s the law Noncompliance = Denial of Civil Rights Noncompliance is expensive
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Hiring Staff Make Fair Housing part of the hiring process Interview prospective employees about Fair Housing knowledge and experience Determine the training necessary for new hires, including volunteers and temporary staff Include Fair Housing policy statement in employee hiring packet
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Training Early and often All staff In-house Training Regular staff meetings Outside Training New Hires – 30 days of hire date Fair Housing update annually
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Marketing Display Fair Housing posters in office Post Fair Housing policy Ensure advertising is Fair Housing Compliant Advertise attributes and amenities Don’t advertise who you are looking for in a resident No steering when showing property Don’t make assumptions about what an applicant may want or not want
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Screening Develop written rental policy with criteria with application process description Post rental criteria at property Give rental criteria and application to every perspective resident Do not ask about physical or mental disabilities, drugs/alcohol use, or lawsuits Ask questions regarding prior evictions, money judgments, income, bankruptcy, and rental history Keep good records of all inquiries and applications Use third party screening service for all rental applications Formalize and document the appeal process for denials Develop a formalized waiting list policy
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Apartment Rules Core set of basic rules Written rules provided to all tenants and posted in office [Familial Status Issues] Rules must be applicable to all residents Rules must be enforced uniformly against all residents Rule violations should be investigated by questioning both sides to a dispute Records must be kept regarding rule violations and investigations
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Rule Enforcement Enforce equally as to all tenants Serious violations of lease that endanger others, drugs, or destruction of property Repeated minor violations System of lease violation warnings and opportunity to cure Victims of domestic violence
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Reasonable Accommodations Written accommodation request procedure Fair Housing compliant accommodation request and verification form Designate a senior individual with the company to oversee accommodation requests process and make determinations Incorporated interactive process in accommodation review and response
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Screening Criteria and Accommodation Requests Income – Ability to pay Cosigner/Guarantor – Do they meet criteria requirements? Criminal History Rental History Credit History Analysis Does request accommodate a disability? Is it reasonable? (i.e. does it impose an undue burden) Can prefer disabled over nondisabled. Can impose “some” possible cost on Landlord
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Miscellaneous Points Monitor and review your policies, procedures, and practices for compliance Implement good, thorough recordkeeping (i.e. inquiries/applications, manager logs, rule violations/disciplinary matters, accommodation requests Don’t be afraid to ask for help (HUD, Intermountain Fair Housing Council, knowledgeable legal representation)
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