September 2012 Coach's Quiz

COACH’S QUIZ

We’ve given you seven rules for complying with fair housing law when dealing with older applicants and residents. Now let’s look at how the rules might apply in the real world. Take the COACH’s Quiz to see what you’ve 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 attract older prospects to the community, you’re considering an advertising campaign addressed to active seniors and empty nesters, showing older models using your amenities and enjoying an independent lifestyle. As long as you don’t say anything about children, you shouldn’t have a problem under fair housing law. True or false?

a.         True.

b.         False.

QUESTION #2

To qualify as a 55-and-older community, all that’s necessary is to make sure that everyone living there is at least 55 years old. True or false?

a.         True.

b.         False.

QUESTION #3

Senior housing communities that qualify as housing for older persons are immune from liability for discrimination claims under fair housing law. True or false?

a.         True.

b.         False.

QUESTION #4

A resident who uses a wheelchair requests a reserved handicapped parking space near the entrance to your community. Must you grant the request?

a.         Yes.

b.         No.

c.         It depends on the circumstances.

COACH’S ANSWERS & EXPLANATIONS

QUESTION #1

Correct answer: b

Reason: Rule #1 applies here:

            Rule #1: Don’t Exclude Children Unless Community Qualifies as Senior Housing

Even if you don’t mention children, an ad campaign to attract active seniors could trigger a discrimination claim. It’s a clear violation based on familial status if your community doesn’t qualify under HOPA as housing for older persons. Even if you do, some fair housing experts warn that it could be interpreted as inconsistent with an intent to operate as housing for older persons.

QUESTION #2

Correct answer: b

Reason: Rule #2 applies here:

               Rule #2: Strictly Comply with HOPA Requirements if Applicable

There are very specific rules for qualifying as a 55+ community—but requiring everyone living there to be 55 and older isn’t one of them. Review the law and check with an attorney to make sure that you fully comply with all the law’s requirements.

QUESTION #3

Correct answer: b

Reason: Rule #3 applies here:

              Rule #3: Avoid Violations of Other Fair Housing Requirements

The exemption for housing for older persons applies only to the familial status provisions. Qualified senior housing communities must still abide by all other requirements of federal law—as well as any applicable state and local laws.

QUESTION #4

Correct answer: c

Reason: Rules #5 & #6 apply here:

               Rule #5: Remember the Rules on Reasonable Accommodation Requests

               Rule #6: Be Prepared to Handle Accommodation Requests

Determining whether to grant a reasonable accommodation depends on all the particular circumstances of each request. For example, although the resident has an apparent disability, the community may have limited parking—and more requests for assigned parking than are available spaces. If in doubt, consult an attorney for guidance.