April 2017 Coach's Quiz

We’ve given you seven rules on how to comply with fair housing law. 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.

QUESTION #1

It’s illegal to refuse to rent to any racial or ethnic minorities, but not to fib about available units when they ask about vacancies. True or false?

a.   True.

b.   False.

QUESTION #2

In checking an applicant’s references, you learn that he’s been evicted for failure to pay rent at his last two rentals. You may deny the application based on your community’s standard screening policy without violating fair housing law. True or false?

a.   True.

b.   False.

QUESTION #3

A prospect in a wheelchair asks about available two-bedroom units. You have several units available, but you think that it would be more convenient for him to live on the ground floor, so it’s okay to tell him only about those units. True or false?

a.   True.

b.   False.

QUESTION #4

It’s okay to require all applicants who have animals to pay a pet deposit to cover potential property damage the animal may cause. True or false?

a.   True.

b.   False.

QUESTION #5

If you run an online ad describing the property as “Perfect for empty nesters,” it could trigger a fair housing complaint. True or false?

a.   True.

b.   False.

QUESTION #6

Three years ago, a resident filed a fair housing complaint against your community, but it was later dismissed. Over the past six months, she’s fallen behind on her rent. Even though she hasn’t paid her rent again this month, you can’t evict her because of her previous fair housing complaint. True or false?

a.   True.

b.   False.

COACH’S ANSWERS & EXPLANATIONS

QUESTION #1

Correct answer: b

Reason: Rule #1 applies here:

     Rule #1: Don’t Deny Housing Based on Protected Class

Subtle forms of discrimination are just as unlawful as blatantly discriminatory practices. Under the FHA, it’s unlawful to provide inaccurate or false information about availability because of race, color, religion, sex, national origin, disability, or familial status.

QUESTION #2

Correct answer: a

Reason: Rule #2 applies here:

     Rule #2: Don’t Apply Different Application Standards or Procedures Based on Protected Class

You may reject the application based on information about rental history obtained during a reference check, as long as you apply the same standards to all applicants, regardless of their race, color, religion, sex, national origin, disability, or familial status.

QUESTION #3

Correct answer: b

Reason: Rule #4 applies here:

     Rule #4: Don’t Engage in Unlawful Steering

Even if you don’t mean to discriminate, you may be accused of unlawful steering if you limit the prospect’s housing choices because of your opinion, based on his disability, about where it would be better for him to live.

QUESTION #4

Correct answer: b

Reason: Rule #5 applies here:

     Rule #5: Don’t Run Afoul of the FHA’s Disability Rules

Regardless of your general policy for pet owners, you can’t impose extra conditions, such as payment of a pet deposit or extra monthly pet fee, as a condition of allowing an individual with a disability to keep an assistance animal.

QUESTION #5

Correct answer: a

Reason: Rule #6 applies here:

     Rule #6: Abide by Rules Banning Discriminatory Statements

You could trigger a fair housing complaint for discriminatory advertising. Even if you don’t intend to discriminate based on familial status, an ordinary reader could interpret the phrase, “perfect for empty nesters” to suggest a preference for couples who don’t have children living at home—and against families with children.

QUESTION #6

Correct answer: b

Reason: Rule #7 applies here:

     Rule #7: Watch Out for Potential Retaliation Claims

It’s unlawful to retaliate against a resident because she filed a fair housing complaint against you, but that doesn’t mean you can’t take action against her if she’s in serious violation of the lease. You may initiate eviction proceedings, but you should get legal advice so you can be prepared for a potential retaliation claim. Since it’s been years since she filed the discrimination complaint, you should be able to fend off a retaliation claim as long as you can prove that you have a legitimate, nondiscriminatory reason for evicting her—nonpayment of rent—and that you didn’t single her out for discriminatory reasons.