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Fearless Fair Housing Lunch and Learn 2009 Venterra Realty By Anne Sadovsky CSP, Cam, Ram, CAPS
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Fearless Fair Housing It is fair, it is the law!
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I am not an attorney Nor do I work for HUD Interpretations vary Constant changes and guidelines Fair Housing laws dovetail with Civil Rights laws
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Frequently asked questions and comments Applies to all residential real estate Consistent treatment Documentation Steering Consistent criteria Document times Shaking hands, hanging coats, coffee,etc
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If you serve refreshments Have a sign, similar to below: “Refreshments are for our guests. Please feel free to serve yourself.”
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If they pose a direct threat to others Shoppers / testers Complaints / lawsuits…2 different things
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Federally Protected Classes Fair Housing / Civil Rights 1866 first concept of Civil Rights…Why? 1964 race, color, national origin, religion 1974 gender, [age] 1988 handicapped, familial status
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Protected Classes Fair Housing National Origin RaceReligionSex Familial Status DisabilityColor
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Cities and states, even companies can add protected classes, but not delete. Some cities have as many as 20 or more You should have a written FH policy and a FH officer who can answer or get answers to questions. The owner / housing provider cannot delegate away responsibility
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Everyone is liable for compliance…house and grounds keepers, service techs, even vendors This information is not to take the place of legal counsel The application is your only legal tool for choosing residents
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Handicapped Information They can modify the apartment…who pays? That depends…. A guide animal is not a pet What is the biggest issue that the handicapped have with us? Don’t be penny wise and pound foolish Reasonable accommodations
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Family Status Define it Any person or persons not yet 18 years of age, living or coming to live in the household with parent, parental designee or legal guardian. It does not have to be their own child The pregnancy issue
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Occupancy 1 bedroom 2 people 2 bedrooms 4 people 3 bedrooms 6 people Standard 2 per bedroom is no longer a guarantee. HUD will look at many spaces as ‘sleeping’ areas.
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Is there “all adult” housing left? When 80% of residents are 55 and older When all residents are 62 and older Must be legally designated mature or elderly housing In some cases, must provide certain services Interpreted differently in different states
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Every housing provider has the right to establish non discriminatory criteria for leasing. You must be consistent in implementing criteria
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Guest Cards and Phone Logs Document every inquiry It is mandatory to display in public view a Fair Housing poster
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Taking identification Security questions
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Words you CANNOT use Adults preferred Men only- Women only Christian property Exclusive area Children’s Pool Professionals only Children over 6 only Empty nesters Photos in ads Photos in model apartments Words you CAN use: Master bedroom Great view Desirable neighborhood Walk in, jogging Quiet Family room Cozy Santa Claus Easter Bunny Merry Christmas
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When the customer discriminates You may be asked: “How many children live here?” “How many “purple” people live here? “What kind of people live here? “Who lives next door to this apartment?
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Learn these words “Our company policy cooperates with Federal law. We lease available apartments to those who qualify, including all protected classes. I will be happy to help you with an apartment, but I cannot answer your question.”
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Be pleasant, friendly, but firm It is your responsibility to know the laws, including those specific to your area. Stay updated…things change…log on to www. NMHC.org for updates Treat others as you would like to be treated
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Think of a box of crayons Many colors, many names…. Yet living peacefully together in one box….and making pretty pictures! Blessings
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News You Can Use Limited English Proficiency Lawsuit Websites regarding roommates
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Latest Cases And some really interesting ones File some of these under S.T.U.P.I.D
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Don’t let the courtroom be your classroom! Stay updated annually Log on to these websites: www.fairhousing.com www.fairhousingadvocate.com www.hud.gov/offices/fhed.com
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Fair Housing Is Not Going Away For many years HUD has worked to create Fair Housing in America, Do your part by doing the Right Thing You may think this doesn’t apply to you, however each of us has liability.
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Going above and Beyond is not discriminating Just do what’s right! Post those WOW stories
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