NAVIGATING FAIR HOUSING IN THE APPLICATION PROCESS Leah C. Sykes Bittner and Hahs PC lsykes@bittner-hahs.com
TOPICS COVERED Advertising and Marketing Best Practices for Office Staff Special cases
ADVERTISING & MARKETING Recent Testing What is on the Horizon?
ADVERTISING The Fair Housing Act strictly prohibits the printing, making, or publishing of ads that state a preference, discrimination, or limitation based on a protected class. Ads can focus on the location, attributes, and amenities of a property (using the right terms!) but not on the nature of desirable tenants.
ADVERTISING HUD guidance on advertising- January, 1995 Identifies words which when used in advertising either violate the FHA or are permissible
ADVERTISING Race, Age, Familial Status You shoot a commercial or take photos of human models enjoying various onsite amenities; however, those images feature predominantly young, affluent Caucasian couples. This could be considered discouraging to the elderly, singles, or other races. Advice: HUD recommends that property managers utilize a variety of human models from minority and majority groups of varying ages to assure compliance with advertising guidelines.
ADVERTISING Physical Handicaps HUD has dispelled the myth that statements including walk-up, walk-in, walk to bus stop are violations. However, it is unlawful to suggest a more suitable bottom floor to physically disabled person or to suggestively steer them to a community better equipped for their condition. Advice: Consider including handicapped persons in your advertising campaign, and use slogans and words that indicate your property s fair housing compliance policies. If you are wheelchair friendly and boast wheelchair ramps, say so in your ads, and HUD will view them with approval.
APPLICATION PROCESS- BEST PRACTICES Phone inquiries Give same information to all phone calls End all calls with an offer to give more information on amenities and direct to website Return all calls in same amount of time Document all calls and content Changes in rent or concessions document changes prior to disclosing to applicants 8
APPLICATION PROCESS- BEST PRACTICES Email inquiries Standardized response and response times Possible signature line on all emails to direct to website Walk-ins Offer same information to all walk-ins If have brochures, offer to all If run out of good brochures be sure to follow up with mailing Provide or point out screening criteria 9
APPLICATION PROCESS- BEST PRACTICES Touring Take same route every time If must deviate from route document reason Showing Same procedures, same order of showing of unit and amenities Document any variances Guest did not have much time Guest requested only to see unit Waitlists Standardize wait list procedures 10
APPLICATION PROCESS- DEAF
APPLICATION PROCESS- DEAF NFHA and its member conducted 304 tests of 117 apartment complexes in 98 cities One out of four treated deaf callers differently from hearing callers in a manner that appeared to violate the Fair Housing Act
APPLICATION PROCESS- DEAF
DEAF APPLICANTS- TESTING (2015) When well-qualified testers who are deaf or hard of hearing contacted rental housing providers and used assistive communication technologies to inquire about recently advertised rental housing, providers were less likely to respond to their inquiries. The extent of apparent discrimination against people who are deaf or hard of hearing varies with the type of communication technology the deaf or hard of hearing person used to make contact with housing providers. Housing providers were more resistant to dealing with the older (but still widely used) telephone technologies that have longer communication delays. When they did respond, the providers told testers who are deaf or hard of hearing about fewer available housing options than they told comparable testers who were hearing.
APPLICATION PROCESS- DEAF Settlements in Texas $150,000 to claimants, $15,000 for new training to company employees, $25,000 legal fees to claimants
APPLICATION PROCESS- BEST PRACTICES Taking applications Give everyone your criteria Don t do pre-screening Communication assistance Disability Foreign languages Steering
WHEELCHAIR APPLICANTS- TESTING Well-qualified testers who use wheelchairs were more likely to be denied an appointment to view recently advertised rental housing in buildings with accessible units than comparably qualified testers who are ambulatory. Those who did receive an appointment were less likely than their ambulatory counterparts to be told about and shown suitable housing units. When testers who use a wheelchair ask about modifications that would make the available housing more accessible to them, rental housing providers agreed in most instances. In a quarter of the requests, however, providers either failed to provide a clear response or explicitly denied modification requests.
APPLICATION PROCESS- BEST PRACTICES Use objective criteria Credit Income Criminal Convictions/Pending Charges Arrests/Rap Sheet Prior references OK to require proof of citizenship or legal immigrant status
APPLICATION PROCESS- BEST PRACTICES Have written company policy on (and include in criteria) when you will allow or not allow: Additional security deposit Co-signer
APPLICATION PROCESS- BEST PRACTICES OK to ask program related questions Senior/disabled Income Must ask of all
APPLICATION PROCESS- BEST PRACTICES Screen applications in the order received Do not screen next application until the first one is denied Deny only for failure to meet criteria (can include incomplete applications or false answers) Accept the first qualified application Do not make exceptions to screening criteria Except reasonable accommodations or DV