June 2015 Coach's Quiz

We have given you 13 FAQs about the fair housing complaint process. 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 have received a notice of a HUD complaint filed by an applicant, accusing a staff member of discriminating against her based on race. What should you do?

a.   Ignore it and hope it goes away.

b.   Respond by denying all the charges, since you know the employee would never do such a thing.

c.   Alert management and get legal advice about how to respond.

QUESTION #2

You’ve received notice of a HUD complaint accusing an employee of sexually harassing a female resident. You believe there’s no truth to the accusations, but her neighbor told her to file the HUD complaint. What should you do?

a.   Evict the resident who filed the complaint.

b.   Evict the neighbor who told her to file the complaint.

c.   Fire the employee accused of sexual harassment.

d.   Do nothing without first consulting your lawyer.

QUESTION #3

HUD is investigating a fair housing complaint filed against your community by a resident who accuses you of discrimination after his lease was terminated for nonpayment of rent. The HUD investigator has called you for conciliation, but you think the resident filed the complaint just to get back at you for evicting him. What should you do?

a.   Refuse to settle because it’ll only reward him for filing a bogus claim.

b.   Give him what he wants as long as he goes away once and for all.

c.   Participate in conciliation to see if you can settle the claim to resolve the dispute with minimal cost.

QUESTION #4

You should always take it to court if HUD files a charge of discrimination against you. True or false?

a.   True.

b.   False.

COACH’s ANSWERS & EXPLANATIONS

QUESTION #1

Correct answer: c

Reason: The answer to FAQ #6 applies here:

     FAQ #6: When do I find out about the complaint—and what should I do?

If you are notified of a HUD complaint, you should immediately notify your supervisor and the corporate office about the complaint. Get your attorney involved and contact risk management for evaluation and submission to any insurance carriers who may provide coverage. Meanwhile, you can start to pull files to assemble any relevant records related to the claim.

Wrong answers explained:

a.   If you receive notice of HUD complaint, it’s important to take it seriously. You’ll only make matters worse if you ignore the complaint or treat the HUD letter lightly.

b.   Don’t try to write back or respond to HUD on your own, since you may inadvertently say something wrong that can’t be taken back or explained away very easily. It’s best to let your attorney handle it.

QUESTION #2

Correct answer: d

Reason: The answer to FAQ #4 applies here:

     FAQ #4: How should we treat the person who filed the complaint?

Avoid even the appearance of retaliation against anyone who has filed—or helped someone else file—a fair housing complaint against you or your community.

Wrong answers explained:

a.   Evicting a resident for filing a discrimination complaint with HUD is retaliation, and you could be liable for retaliating against the resident, even if her original sexual harassment claim was groundless.

b.   Evicting or taking any other adverse action against the neighbor could trigger another fair housing claim, this time for retaliation. The FHA’s ban on retaliation covers residents, employees, and anyone else who assists in the filing of a HUD fair housing complaint.

c.   Firing an employee who may have violated fair housing law is not retaliation under the FHA, but having an angry ex-employee could make matters worse. Consult your lawyer before taking disciplinary action against him.

QUESTION #3

Correct answer: c

Reason: The answers to FAQ #8 & FAQ #9 apply here:

     FAQ #8: What is conciliation?

     FAQ #9: What happens if the case doesn’t settle through conciliation?

Keep an open mind when the HUD investigator initiates conciliation. You may be able to negotiate a settlement at minimal expense, putting an end to the matter and cutting your exposure and defense costs if the case continues.

Wrong answers explained:

a.   Refusing to consider settlement options is likely to backfire—it not only prolongs the case, but also increases your potential risk and legal expenses if HUD ultimately rules against you.

b.   You should engage in good faith efforts to conciliate the matter, but that doesn’t mean you must give him everything he wants to make the case go away.

QUESTION #4

Correct answer: b

Reason: The answers to FAQ #10 & FAQ #11 apply here:

FAQ #10: What happens if HUD issues a charge?

FAQ #11: What’s my best option if HUD issues a charge against me?

If HUD issues a charge, both parties may elect to take it to court—or continue the administrative process with a hearing before an administrative law judge. Ask your lawyer about which option would work best for you, but remember that the other side also has a say. Even if you would prefer a hearing by an administrative law judge, the aggrieved party can still elect to take the case to federal court.