March 2019 Coach's Quiz

We’ve given you seven rules on how to avoid fair housing trouble at senior housing communities. 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

Most of your residents are over 55, so you’re allowed to exclude families with children and market your property as an “adult” community under the senior housing exemption. True or false?

a.   True.

b.   False.

QUESTION #2

To attract Baby Boomers, our 55+ community is considering an advertising and marketing campaign aimed at “active adults” with pictures of models, who are in their 50s and physically fit, enjoying our recreational facilities. Our fair housing coordinator says this could be a problem. Is she right?

a.   Yes.

b.   No.

QUESTION #3

Senior housing communities that qualify as housing for older persons are immune from liability for discrimination claims under fair housing law. True or false?

a.   True.

b.   False.

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

Reason: Rule #1 applies here:

     Rule #1: Comply with Technical Requirements for Senior Housing Exemption

Even if most of your residents are 55 and older, your community could be accused of violating fair housing law by denying housing and discriminatory advertising based on familial status. Fair housing law generally forbids communities from excluding families with children from living there, but there’s an exception for senior housing communities. To claim the exception, however, communities must meet strict technical requirements—unless you do, you’ll invite a fair housing complaint if you deny housing to families with children.

QUESTION #2

Correct answer: a

Reason: Rule #2 applies here:

     Rule #2: Market Your Community as Senior Housing

Your fair housing coordinator is right—you could have a problem from the proposed advertising marketing campaign. The phrase “active adults” and pictures of only fit Baby Boomers using your recreational facilities could imply that your community has a preference against individuals with disabilities.

QUESTION #3

Correct answer: b

Reason: Rule #3 applies here:

     Rule #3: Don’t Discriminate Based on Race or Other Protected Characteristics

The exemption for housing for older persons applies only to the familial status provisions. It doesn’t exempt senior housing communities from any claims based on race, color, national origin, religion, sex, or disability, or other characteristic protected under state or local law.

QUESTION #4

Correct answer: b

Reason: Rule #5 applies here:

     Rule #5: Watch for Potential Disability Discrimination Claims

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 likely 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.