November 2011 Coach's Quiz

We have given you six rules for applying fair housing rules to new media. Now let's look at how the rules might apply in the real world. Take the COACH's Quiz to see what you have learned.

INSTRUCTIONS: Each of the following questions has only one correct answer. On a separate piece of paper, write down the number of each question, followed by the answer you think is correct—for example, 1)b, 2)a, and so on. The correct answers (with explanations) follow the quiz. Good luck!

QUESTION #1

To advertise specials for one-bedroom units, you post online ads, stressing that they're “Perfect for singles!” and “Ideal for empty-nesters.” You cannot be accused of a fair housing violation because the law doesn't apply to the Internet. True or false?

1. True.

2. False.

QUESTION #2

To highlight community events, you plan to post pictures of a summer pool party on your Web site and Facebook page. The event was attended by older residents, including some in wheelchairs, and several families with young children. But some of your colleagues want to post only the pictures of young women in bikinis laughing and drinking cocktails. What should you do?

1. Post the pictures of the young women laughing to show your community is a fun place to live.

2. Post all the pictures, including those of the children and older residents, to show a cross-section of people who would be welcome at your community.

3. Don't post any pictures because it's an invasion of the residents' privacy.

QUESTION #3

Someone who says they live in a particular building within your community posts a comment on your Facebook page complaining about “dirty @$⁁and*# foreigners leaving trash all over the hallway.” You should:

1. Leave the post up because everyone has a right to free speech.

2. Take down the post and hope no one noticed it.

3. Take down the post, but add a comment reinforcing your community's commitment for fair housing; then take steps to investigate the complaint.

Coach's Answers and Explanations

QUESTION #1

Correct answer: b

Reason: Rule #1 applies here:

Rule #1: Comply with Fair Housing Rules in Online Advertising

Even if the ads appear only online, your community could be accused of a fair housing violation. The FHA's ban on discriminatory statements applies to all advertising—whether in print or online. Statements stressing that the units are suitable for singles and empty nesters could suggest to an “ordinary reader” that your community has an unlawful preference against renting to families with children.

QUESTION #2

Correct answer: b

Reason: Rules #2 and #3 apply here:

Rule #2: Avoid Pitfalls on Community Web Site

Rule #3: Develop a Social Media Policy

Posting pictures of people, including residents, on your Web site or Facebook page could raise fair housing concerns. Take care to choose pictures that reflect diversity so anyone visiting the sites would understand that the community is open to all without regard to race, color, national origin, religion, sex, disability, or familial status.

Wrong answers explained:

1. Posting only pictures of the bikini-clad women could raise a fair housing problem because they may imply an unlawful preference against individuals with disabilities or families with young children, along with age—if that's a protected characteristic under your state law.

2. To allay privacy concerns, make sure that you have a written release signed by anyone whose picture you want to post on your Web site or social media sites.

QUESTION #3

Correct answer: c

Reason: Rule #3 applies here:

Rule #3: Develop a Social Media Policy

Be prepared to respond quickly to discriminatory comments posted by third parties on your Web site, blog, or other social media sites. Perform damage control by removing the offensive materials as soon as possible and emphasizing your community's commitment to fair housing law. And look into the subject of the complaint—it could be your first inkling of a potential dispute among neighbors related to a protected characteristic—national origin.

Wrong answers explained:

1. To protect your community from potential liability, you should have a policy and language on your Web site allowing you to remove comments that contain profanity or discriminatory language. Since the comment includes both profanity and an offensive remark about the neighbors' national origin, you would be justified in removing the comment.

2. Although it's unclear whether you could be held legally responsible for the resident's discriminatory comment, simply taking down the offensive comment may not be enough to head off a potential fair housing problem.