April 2014 Coach's Quiz

We’ve suggested six rules on how to avoid fair housing problems during evictions and nonrenewals. 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

You’ve gotten complaints that a family allows their children—ages 5, 7, and 9—to run around and play ball in the hallway. Several neighbors have complained that the children have bumped into them or hit them with the ball. You’ve seen the children’s behavior and warned the parents several times that the children can’t play ball in the hallway. Their lease is near the end of its term, so you’d prefer not to renew it, but you’re worried that they’ll file a fair housing complaint, accusing you of discriminating against families with children. What should you do?

a.   Renew the lease because it’s unlawful to discriminate against families with children.

b.   Ask the family to move to another unit where there are mostly families with children.

c.   Consult your attorney about not renewing the lease.

QUESTION #2

Despite your policy banning pets over 25 pounds, you’ve just learned that a resident has a large German shepherd in his unit. You tell him that he’s violating the rules and that he must remove the dog or face eviction. He ignores you, so you send him written warning that you’ll initiate eviction proceedings in two weeks unless he removes the dog. In response, he tells you that he has a disability and needs the dog as an assistance animal. When you ask him for documentation of a disability-related need for the dog, he refuses and threatens to file a fair housing complaint unless you let him keep the dog. What should you do?

a.   Proceed with the eviction if he doesn’t remove the dog.

b.   Let him keep the dog so he won’t file a discrimination case against you.

c.   Send him a written request for information about his disability-related need for the dog, and consult your attorney if he doesn’t respond.

COACH’S ANSWERS & EXPLANATIONS

QUESTION #1

Correct answer: c

Reason: Rules #2, #4, and #6 apply here:

     Rule #2: Make Sure Rules Are Fair—and Enforced Fairly

     Rule #4: Investigate Complaints by or About Residents

     Rule #6: Keep Good Records to Fend off Fair Housing Trouble

Fair housing law bans discrimination against families with children, but that doesn’t mean that families are free to violate community rules. If the problem behavior continues despite repeated warnings, then you may consider not renewing their lease. Just make sure that you have the necessary paperwork to show that the family violated the rules and that you’ve taken the same action against other residents for similar misconduct. It’s also a good idea to check with your attorney first, just to make sure you have the necessary documentation to defend against a potential discrimination complaint.

Wrong Answers Explained:

a.   You don’t have to tolerate bad behavior just because it involves a family with children. It’s unlawful to discriminate based on familial status, but families with children must follow the same rules as everyone else.

b.   Asking them to move to an area where there are mostly families would be considered steering and is a violation of federal fair housing law. Steering is when you encourage or discourage people from living in a particular part of the community because of race, color, religion, sex, disability, familial status, or national origin.

QUESTION #2

Correct answer: c

Reason: Rules #3, #5, and #6 apply here:

     Rule #3: Consider Reasonable Accommodation Requests

     Rule #5: Be on Guard for Potential Retaliation Claims

     Rule #6: Keep Good Records to Fend off Fair Housing Trouble

Consult your attorney before taking action against the resident for violating your pet policies. Just by telling you that he’s disabled and that the dog is an assistance animal, he’s said enough to trigger your obligation under fair housing law to consider making a disability-related reasonable accommodation request. If the disability and need for the assistance animal are not obvious, then you may ask for an explanation of the nature of the disability and why the accommodation for the animal is needed to assist with the disability. If he doesn’t respond, then consult your attorney for guidance on how to proceed.

Wrong answers explained:

a.   Even if you don’t believe that he has a disability or that the dog is an assistance animal, you could face a discrimination or retaliation claim if you proceed with the eviction without more information.

b.   You don’t have to abandon your pet policy simply because a resident claims to be disabled and threatens you with a discrimination claim.