When it comes to marketing your site, HUD has one key expectation: that you will do what you said you were going to do when you completed your Affirmative Fair Housing Marketing Plan (AFHMP), Form HUD-935.2A. HUD calls the AFHMP “the owner's blueprint for marketing activity.”
In “Follow HUD Guidelines for New Resident Orientation,” above, we discuss the importance of briefing new residents on the terms of the lease and house rules. HUD's guidelines for conducting this briefing include providing information in written form, such as a packet of handouts, in addition to speaking with the new resident in person. The written material must be clear, HUD says, perhaps with graphics, and may need to be provided in languages other than English.
Under the federal Fair Housing Act and HUD guidelines, you must make every effort to provide “reasonable accommodations” at your site for residents with disabilities. For example, if a resident with limited mobility requests a ground-floor unit, HUD expects that you would try to accommodate the request. If a prospective resident needs a larger unit than your occupancy standards dictate in order to provide space for a live-in aide, HUD wants you to attempt to provide the extra space.
It's not uncommon for residents to want to use devices such as air conditioners, fans, and space heaters for personal comfort and to better control the temperature in their unit. Some site owners and managers would prefer to prohibit such use, but it's likely that residents would use them in spite of efforts to ban them. It may be more practical to permit the use of these items, but with some limitations and safety guidance.
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 “reasonable accommodation.”
HUD encourages—and federal laws require—equitable access to and usage of your site's common areas and community room for all residents. Handbook 4350.3 (HUD Occupancy Handbook), Chapter 2, notes that under the Fair Housing Act, owners may not “treat anyone differently in determining eligibility or other requirements for admission, in use of the housing amenities, facilities or program, or in the terms and conditions of a lease.”
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 residents to sign to acknowledge that the detector is in place.
HUD encourages and supports a range of environmentally friendly practices, such as the use of renewable energy sources and green construction and renovation techniques. Many sites are taking steps in the right direction, finding that when they use such practices, they can trim operational costs, reduce health risks, and improve comfort for residents.
Mold at your site is more than just a nuisance. It can exacerbate health problems for residents and create a legal liability for you. To reduce these risks, take steps to educate residents and involve them in the fight to keep mold to a minimum.
