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Reading Room Articles Beyond the Rental Inquiry Fair Housing Compliance from Move-in to Move-Out By Shirley A. Robertson Written for Sales and Marketing Magic There is a general misconception concerning fair housing complaints and lawsuits. Most on-site team members believe that such actions only occur during the initial rental inquiry and application stage. Team members that convey community information or provide service to our customers (residents) have an equal opportunity to create fair housing problems causing an unlawful discriminatory effect regardless of their intent. Approximately 30% of complaints and lawsuits result from situations outside the Leasing Center. Fair housing is a lucrative field for plaintiffs and the attorneys representing them. Million dollar lawsuits are no longer unusual. The more training on-site team members receive, the less chance there is that your company will face severe financial damages and penalties. Here are some suggestions and tips for your consideration or refreshment. Managers and on-site teams should review this information often during scheduled team meetings. Basic Knowledge Everyone has become thoroughly familiar with the seven federal protected classifications or bases for unlawful discrimination under the 1968 Civil Rights Law and its amendments. Fewer managers, owners and management companies train the equally powerful state and local protected classifications. For example, in the Washington, D.C. metropolitan area, there are another nine bases. Research the area(s) in which your apartment communities conduct business to be fully informed. Ignorance of the law is no excuse. This is very important if team members are transferred and/or promoted steadily within your organization. Also remember, your on-site team never outgrows their need to make and refer to lists to ensure that: the same information is provided to all future and current residents; similar treatment is given in similar situations of customer service. If all multifamily managers and teams would practice this daily, we could reduce the need for testers. The New Team Member Make fair housing practices a part of your community's daily routine by providing fair housing information in every new hire orientation program, regardless of the job description or the position. Train team members before they have the opportunity to convey community information to future residents via phone or in person. Make this a policy. Fair housing literature and brochures, as well as the company handbook containing up to-date fair housing information should be regularly provided to all throughout their employment -- not just upon hiring. Have every team member sign an Employee Notice of Fair Housing Compliance as a condition for employment. Failure to practice this policy should result in immediate dismissal. Explain exactly what the EHO logo and slogan posted in your Leasing and Resident Services Centers mean. Also explain that fair housing is part of your public commitment - to the team, current residents and all future residents. Provide an annual refresher training segment to all on-site teams. How can this be done economically? A video tape can be made (in-house) by the training director, corporate human resources department, or the company's legal counsel. Make a TV/VCR player available to each community, or at least with the traveling Property Manager. The video tape can be viewed separately or as a group at a regular team meeting. Have team members sign-off that they have viewed and understand the contents of the video. Always keep a list of team meetings, dates, and the topics of the meetings (especially those meetings at which fair housing guidance or issues are discussed). The more the on-site manager can demonstrate that she/he consistently keeps the team updated and educated by offering continuing fair housing refresher opportunities, the more likely the community is to have a better to minimize soaring financial risks. This is especially important concerning maintenance service technicians who are working daily in occupied apartment homes. Although it is difficult not to form strong opinions about certain residents while working in close proximinity to the customer, all technicians should be cautioned not to verbalize such opinions with residents or fellow team members. On-site team members can be subpoenaed to testify or be deposed as to knowledge of a fellow team member's behavior or unlawful discriminatory statements. They can also testify about management practices as they understand them. Team members should be cautioned that all inappropriate, opinionated, biased or prejudiced statements or actions will lead to employment termination. Ignorance, greed, fear, stereotyping, and a hatred that is malignant causes unlawful discrimination to occur. High priority should be placed on training on-site teams to provide customer service to everyone with dignity, integrity and nonjudgmental behavior -- even when such treatment is not given by a resident. Maintenance/Custodial Technicians & Contractors Exclusive of on-site leasing and management team members, the remaining team members often receive the least on-going fair housing training, yet they are in greater daily contact with customers (residents). Often independent contractors receive no fair housing information from their company or the owner/managing agent that contracts them. A fair housing commitment policy can be designed to pertain not only to your on-site teams but also to your contractors. Often in small communities it is more feasible to use contractors than to employ a full-time maintenance service technician or a leasing consultant. Often testers and new residents mistake them for management. If a contractor harasses residents, makes inappropriate comments or does not perform services consistently as assigned, the owner or managing agent can be liable for that behavior as well. Some companies are asking contractors to acknowledge that they understand the company's fair housing commitment and have them sign an agreement to that effect. Such liability cannot be delegated. The manager, team, owner, developer and managing agent can all be named as defendants in certain circumstances. In order to funnel all leasing information requested from future residents and visitors to one informed source, a name, rank and serial number response works well for non-leasing team members. An example is, "Hi, my name is Mary. I am the custodial technician here at XYZ community and Carolyn, our Manager, will be happy to answer that question at the Resident Services Center. Let me escort you." Or, another example to a current resident might be, "Now Mrs. Jones, you know that I am just responsible for the maintenance at this community. You will have to speak to Carolyn about that matter." It is amazing how this method cuts down on incorrect and/or opinionated information being given by team members with and without intent. A word to all one-person, on-site offices. Often a custodial or maintenance service technician is asked to sit-in while the manager is away. In such situations, it is essential that the manager review fair housing information with that team member who may not routinely handle leasing inquiries and resident requests. It is also good to routinely monitor all applicable team members by having them tested by a reputable testing (not shopping) company. Concerned about the cost? In today's litigious environment, this cost will certainly be cheaper in the long run than any lawsuit or settlement. Record Keeping/Documentation Requests for service are brought by the residents to management via several methods. It is best to always document these requests rather than depending purely on memory. Pre- numbered, multi- copy Maintenance Service Request forms, Requests for Service (Complaints) forms and Telephone Message Logs should replace torn bits of paper and post-it notes. Often papers and notes get thrown away instead of being filed and all proof is eliminated. Make it easy for your team to build a paper trail. Community Policies and Guidelines (Rules and Regulations) Apartment dwellers live above, beneath, or next to another resident. Because of this, policies must be objective, clearly written, and consistently enforced with residents and live-on team members. Only develop separate policies specifically for children if it directly relates to their safety. Policies should reasonably regulate the conduct of all residents regardless of age. Remember that there are only residents, not residents and children. Community policies must also reasonably accommodate disabled residents. Sensitivity is important. Thorough education about this protected classification and the Americans with Disabilities Act (as it pertains to multifamily housing) is a must! It is the law to make reasonable accommodations in policies, practices and services to afford a disabled resident an equal opportunity to use and enjoy his/ her apartment home. You must give approval to disabled residents to make reasonable modifications to their apartment home, community amenities and common areas. And finally, periodically have all forms, documents and policies reviewed by an attorney experienced in fair housing/civil rights practices. Resident Contact - Customer Service The goal is to legally select residents that pay their rent promptly, take care of their apartment home, refrain from disturbing neighbors, and obey community policies and guidelines. When they do not, the method of enforcement or the action taken by on-site management can cause trouble. The time has come that playing favorites can no longer be tolerated. Each community should have a grievance procedure and it should be posted. Fair housing laws guarantee all residents equal services, privileges, and use of community facilities. A successful motto for you on-site team can be, "Give us the first opportunity to correct the problem!" When communicating to residents in writing about breaches of their lease or community policy, you should include the exact excerpt, (i.e., specific sentences or paragraphs) that have been breached to avoid possible resident misconceptions regarding management's intent. Denying, limiting, or delaying response for service (complaints, pest control, filter replacement) is unlawful. Develop a maintenance service priority system and stick to it! Seeking sexual favors in exchange for service or repairs or making unwelcome sexual advances toward residents and fellow team members can result in a sexual harassment claim/suit. Management must respond quickly to a resident's complaint against another resident who is verbalizing racial slurs, making telephone threats, engaging in defacement or damage to another resident's property, public embarrassment, humiliation or assault as related to unlawful discrimination. Document such instances thoroughly and seek guidance from legal counsel. Keep abreast of the chemical sensitivity examples that are now covered under the handicap protected classification. This request for special service is often given little priority. Not anymore! Evictions According to your state/local landlord tenant eviction procedures, notices to residents for good cause or without cause to vacate from must be based on sound business reasons even if the initial lease term has expired. Giving notice as a bluff can backfire with the resident filing a claim on the premise of unlawful discriminatory reasons, thus placing the burden of proof of discriminatory eviction directly on management/owners. Retaliatory evictions are an action of the past. Giving notice to vacate to a resident because she/he has exercised his/her rights; i.e., landlord/tenant complaint, unlawful discrimination complaint/ suit or organizing a resident organization will definitely end up in court! And finally ... one last tip. Refrain from encouraging a resident to move or discouraging a future resident from renting. This describes subtle unlawful discrimination. Testers, future and current residents are very savvy and astute in identifying subtle discrimination! Remember, as of 1988, there is no limit (cap) on punitive damages. Multi-million dollar lawsuits often reach that amount due to punitive damage awards. HUD publishes a free booklet entitled, Fair Housing, It's Your Right, which spells out the resident's rights and contains a complaint form with procedures for filing a complaint. It is becoming simpler and easier for the more knowledgeable apartment home seekers to gain justice. Note: The opinions and tips given in this article are intended for educational purposes only and are not intended to serve as legal advice. Always consult legal counsel before making changes. These tips are based on managing conventional, market-rate apartment communities. As a Certified Property Manager (CPM®), and an Accredited Residential Manager (ARM®), Shirley is President of Shirley A. Robertson & Company in Bowie, Maryland. She is also an Advanced RAM® (Registered in Apartment Management), and a CLP® (Certified Leasing Professional). As an author, Slowly But Shirley articles have been published in numerous industry magazines. Shirley has shown a special management talent in the leasing and marketing of assisted and conventional rental communities. This tenure has provided the opportunity to propel through the ranks from on-site manager to property manager, to corporate education and directorship positions. She has instructed IREM® Course 800, RAM®, Advanced RAM®, CLP®, CAM® and NALP® certification courses. Shirley has been a seminar leader for many Multi-Housing World conferences. She is a past president of the West-Central Maryland IREM® Chapter 92 and is a RAM® Life Governor of the National Association of Home Builder's Multifamily Council.