We’ve reviewed how to comply with fair housing law when dealing with each generation. 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

A pregnant woman comes to see an available one-bedroom unit, but there’s an elderly couple living next door who used to complain about noise from the previous tenant’s children. To avoid similar complaints about a crying baby, you tell her that the unit is no longer available. Since she doesn’t have a child now, you couldn’t be accused of a fair housing violation. True or false?

a. True.

b. False.

QUESTION #2

If a community qualifies as “housing for older persons,” the community cannot be liable for housing discrimination under federal fair housing law. True or false?

a.   True.

b.   False.

QUESTION #3

An applicant wants to rent a two-bedroom unit for himself, his wife, their two school-aged children, and her mother. Could you be accused of discrimination if you refuse to show them that unit and offer them only larger two- and three-bedroom units?

a.   Yes.

b.   No.

c.   It depends.

QUESTION #4

You get a call from a resident’s daughter, who lives out of state. She explains that her mother doesn’t drive due to a disability and needs someone from the community to go to the pharmacy to pick up her medication and deliver it to her unit. Although your community doesn’t provide transportation or shopping services to residents, you should comply with the daughter’s request to avoid fair housing trouble. True or false?

a. True.

b. False.

COACH’S ANSWERS & EXPLANATIONS

QUESTION #1 

Correct answer: b

You could trigger a fair housing complaint for misrepresenting the availability of the unit because the prospect is pregnant. The law banning discrimination based on familial status protects pregnant women in addition to families with children under 18.

QUESTION #2

Correct answer: b

The FHA’s exemption for “housing for older persons” applies only to the familial status provisions; communities still must abide by the law’s protections based on race, color, national origin, religion, sex, and disability—and any other characteristic protected under state or local law.

QUESTION #3 

Correct answer: c

Overly restrictive occupancy standards can give rise to discrimination claims based on familial status. Though HUD generally considers two persons per bedroom to be a reasonable occupancy standard, you could face a fair housing claim if it would be reasonable to exceed that limit based on the size and layout of the unit and other factors.

QUESTION #4 

Correct answer: b

Fair housing law doesn’t require communities to grant unreasonable accommodation requests. The law considers an accommodation request unreasonable if it imposes an undue financial and administrative burden or fundamentally alters the nature of the community’s operations. Since the community doesn’t provide transportation or shopping services to its residents, then a request by a resident who doesn’t drive due to a disability would probably be considered unreasonable. Rather than deny the request outright, however, it may be a good idea to engage in the “interactive process” to discuss possible alternatives, perhaps by telling her about a nearby pharmacy that delivers medication to people living in the neighborhood.