January 2021 Coach's Quiz

We’ve given you six rules for avoiding discrimination pitfalls when evicting residents protected by fair housing laws. Now it’s your turn to test what you’ve learned by applying the rules to real life situations by taking the COACH’s Quiz below. Each of the following questions has only one correct answer. On a separate piece of paper, write down the number of each question, and list the letter corresponding to the answer you believe is correct—for example, (1) b, (2) a, and so on. The correct answers (with explanations) follow the Quiz. Good luck!

QUESTION #1

A resident who owes you a lot of money in unpaid rent and who has a history of disturbing her neighbors is finally coming to the end of her lease. She wants to renew, but you don’t want her back. Not only has she been a handful of trouble, but the daughter with whom she shares the apartment works as a technician at a medical lab. After all, the last thing you need during times like these is to have one of your residents handling test samples that are potentially infected with the coronavirus every day. So, you notify her that she can’t renew. Did you commit disability discrimination?

a.            No, because failure to pay rent and disturbing neighbors are legitimate, nondiscriminatory reasons not to renew a resident’s lease.

b.            Yes, because you factored the daughter’s exposure to COVID-19 into your decision.

c.             No, because being exposed to COVID-19 isn’t a disability.

QUESTION #2

You just learned that a resident has a large German shepherd in his unit in violation of your policy banning residents from keeping pets over 25 pounds. You tell the resident that he’s committing a serious lease violation and warn him to remove the dog or face eviction. He ignores you. So, you send him a written warning that you’ll initiate eviction proceedings in two weeks unless he removes the dog. He then tells you that he has a disability and needs the dog as an assistance animal. When you ask him for documentation of a disability-related need for the dog, he refuses and threatens to file a fair housing complaint. What should you do?

a.            Proceed with the eviction if he doesn’t remove the dog.

b.            Let him keep the dog so he won’t file a discrimination case against you.

c.             Send him a written request for information about his disability-related need for the dog, and consult your attorney.

COACH’S ANSWERS & EXPLANATIONS

QUESTION #1

Correct answer: b

Reason: Rules #2 and #5 apply here:

Rule #2: Don’t Impose Restrictions on Residents Because They Have or May Have Disabilities

Rule #5: Document Your Eviction Decisions and Actions

The FHA bans discrimination against persons with disabilities. HUD and other guidelines clarify that COVID-19 is considered a disability protected from discrimination. This is true even if the person is perceived as having COVID-19 and that perception is wrong. Accordingly, factoring the daughter’s exposure into the decision not to renew taints what would otherwise be a valid and nondiscriminatory decision. The moral: Don’t make leasing, renewal, or other decisions about individual residents based on whether they or any person in their household has or may have COVID-19 or any other infectious illness or disability.  

Wrong answers explained:

a.            Failure to pay rent and disturbing neighbors are material lease violations justifying the eviction of any resident regardless of race, color, religion, sex, handicap (disability), familial status, or national origin—as well as any other personal characteristics protected by applicable state discrimination laws. The problem is that these weren’t the only reasons for not renewing the resident; the daughter’s exposure to coronavirus also figured in the decision. And even though that was just one of three factors, two of which were legitimate and nondiscriminatory, it would be enough to prove that you committed discrimination.  

c.             The point of barring disability discrimination is to protect individuals with disabilities against stereotypes, prejudices, and unfounded information. Accordingly, protection extends not only to people who actually have a disability but also to those who are perceived as having a disability. For example, drug addiction is considered a disability. So, if you refuse to rent to a person who uses recreational marijuana because you think he’s a drug addict, you’re guilty of disability discrimination regardless of whether your belief is true. These principles also apply to COVID-19 and other infectious illnesses—in this scenario, the daughter’s position as lab technician and associated exposure to infection risks.

QUESTION #2

Correct answer: c

Reason: Rules #3, #4, & #5 apply here:

Rule #3: Make Reasonable Accommodations for Residents with Disabilities

Rule #4: Beware of Retaliatory Eviction

Rule #5: Document Your Eviction Decisions and Actions

Consult your attorney before taking action against the resident for violating your pet policies, especially when a resident tells you he needs the pet to deal with a disability. Once you receive this information, you have a duty to make reasonable accommodations, which may include exempting the resident from the pet policy. However, you don’t have to take residents at their word and can require them to document: (1) that they really do have a disability (unless this is open and obvious); and (2) the animal is medically necessary to assist the resident with that disability. A resident’s refusal to cooperate in the accommodations process by providing the reasonable verification you request may put an end to your accommodations duties. But you should consult your attorney for guidance before you proceed.

Wrong answers explained:

a.            Even if you don’t believe that he has a disability or that the dog is an assistance animal, you could face a discrimination or retaliation claim if you proceed with the eviction without more information.

b.            You don’t have to abandon your pet policy simply because a resident claims to be disabled and threatens you with a discrimination claim. You can ask that he document the disability and need for the animal, as long as it’s not obvious and self-evident.