March 2015 Coach's Quiz

We’ve given you eight Dos & Don’ts for dealing with residents who break the rules. 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

If a resident violates the lease and you have solid grounds for eviction, you should give that resident a second chance if:

a.   The resident is a member of a protected class and you’re worried he’ll sue you for discrimination.

b.   You’re good friends with the resident and you want to give him a break.

c.   You give all your residents a second chance in the same situation.

Question #2

Although your community has a no-pets policy, you find out that a resident has two cats in her unit. You confront her about breaking the rules, but she says she needs the cats to calm her anxiety. You should:

a.   Tell her that only dogs can be assistance animals, so she must remove them or face eviction.

b.   Allow her to keep one cat as an assistance animal.

c.   Determine whether you must make an exception to your no-pets policy as a reasonable accommodation for an individual with a disability.

Question #3

You’ve received a number of complaints about noisy children playing outside, but you could face a fair housing complaint if you enforce a policy requiring adult supervision for all outdoor activities for children under 12. True or false?

a.   True.

b.   False.

COACH’S ANSWERS & EXPLANATIONS

Question #1

Correct answer: c

Reason: Rules #1 & #2 apply here:

     RULE #1:

DO Hold Residents Accountable for Rules Violations

DON’T Be Afraid to Take Action When Necessary  

     RULE #2:

DO Apply Community Rules Fairly and Consistently

DON’T Make Exceptions for Residents Simply Because You Like Them

Treat residents consistently when holding them accountable for breaking the rules. If a resident violates your lease, you may give that resident a second chance only if you give all your residents a second chance in the same situation.

Wrong answers explained:

a.   Don’t let your fear of a fair housing claim prevent you from applying your policies fairly and consistently. Consult your attorney to make sure that your actions are documented and justified.

b.   You could wind up in fair housing trouble if you ignore your friend’s violation of the rules, but don’t offer the same consideration to other residents. If you make exceptions for certain residents, those who don’t get a second chance may think you’re treating them differently based on their race, sex, or other protected characteristic.

Question #2

Correct answer: c

Reason: Rules #3 and #4 apply here:

     RULE #3:

     Do Be Prepared for Reasonable Accommodation Requests

     DON’T Ignore Disability-Related Requests for Exceptions to the Rules

     RULE #4:

     DO Consider Accommodation Requests for Assistance Animals

     DON’T Refuse to Make Any Exception to Pet Policies

Although your community has the right to enforce its rules barring residents from having pets, it’s unlawful to deny a resident’s disability-related request for an assistance animal. Follow your reasonable accommodation policy to determine whether the resident has a disability or whether the cats are in fact assistance animals or merely pets.

Wrong answers explained:

a.   Dogs are commonly assistance animals, but fair housing law permits other types of animals, including cats, to qualify as assistance animals.

b. If the resident can show that she has a disability, and a disability-related need for the cats, you may have to allow her to keep both of them.

Question #3

Correct answer: a

Reason: Rule #6 applies here.

RULE #6:

     DO Enforce Rules Governing Common Areas

     DON’T Unreasonably Limit Children’s Outside Activities

You can take steps to address the noise complaints, but enforcing policies that target children could trigger a claim of discrimination based on familial status if the rules unreasonably interfere with the ability of families with children to live in the community.