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From time to time, you may be asked by a resident to approve the addition of a “live-in aide” to his household. Reasons for the aide vary. The resident may have a disability and need help with day-to-day living. An elderly resident may need an aide for assistance and companionship to continue living independently. Federal law says that you are required to consider the request and, upon verification of the reason for the request, okay it as a “reasonabl...
You are required by HUD to have at least one smoke detector in every unit at your site. It's more than good common sense to take this safety step; smoke detectors can save lives.
Having the required smoke detectors in place also could save you down the road in a legal battle—but only if you have proof that you equipped your units with working smoke detectors. You can accomplish this by having a smoke detector policy that includes a section for your resid...
If you ever have to evict a resident, you need to keep in mind that the resident has certain rights. Among them is the right to meet with you to discuss your rationale for the eviction. Essentially, during this meeting, the resident has the right to present his or her case to convince you not to proceed with eviction.
In 2007, HUD issued final guidance on helping those with limited English proficiency (LEP) gain access to federally funded services and programs. The guidance called for HUD-assisted housing entities to implement a plan that includes translating “vital” written materials and providing access to competent interpreters (unrelated to the person with LEP) on a timely basis when such services are needed to ensure “meaningful access” to HUD information...
HUD has established “Privacy Principles” in which the agency outlines its obligation to protect privacy and safeguard the information that individual citizens entrust to it (see HUD's Privacy Principles on p. 7). This obligation is, HUD says, a fundamental part of its mission to administer its programs fairly and efficiently.
Owners and managers of assisted housing often struggle to comply with fair housing requirements. Laws protecting people with disabilities can be especially tough to interpret. To help clarify the requirements, particularly with respect to people with mental health disabilities, the Insider recently spoke with Michael Allen, an attorney who specializes in cases involving the housing rights of people with mental and physical disabilities.
When is an eviction retaliatory? That is an important question for managers of rental housing because many state and local rental housing laws bar “retaliatory eviction.” In addition, the Fair Housing Act makes certain retaliatory actions against residents illegal if they hinder the residents' exercise of their civil rights.
How can you avoid a charge of retaliation? Know the specific requirements of your state and local laws. Be careful in your po...
One of the toughest jobs of a site owner or manager is writing a good tenant selection plan. The tenant selection plan is a crucial document, says Dan Bancroft, an attorney who has written tenant selection plans for project-based sites. It gives you a way to explain and justify your decisions if you are challenged. It is your first defense against claims of illegal discrimination, and it helps your staff, applicants, residents, and program administrators know what to ex...
In April 2008, the Environmental Protection Agency (EPA) issued important new rules on renovation, repair, and painting of housing that was built before 1978. According to the EPA, the new requirements are part of a comprehensive federal effort to eliminate childhood lead poisoning.
The new rules specifically cover multifamily rental housing, so you need to be familiar with them before you begin any significant nonemergency repairs or rehabilitation projects at yo...