Other

RSS

Q: A resident asks you to waive your standard pet deposit of $1,000 so she can keep a dog as an emotional support animal. If she provides you with documentation of her disability and need for the dog, do you have to grant her request as a reasonable accommodation?

A: Yes, according to the Justice Department, which recently announced the latest settlement in a string of fair housing cases involving assistance animals.

Last week, after the third confirmed case of Ebola was reported in Texas, the National Apartment Association (NAA) released an updated guidance with resources for members and residents for dealing with the Ebola virus.

A Florida community is defending a fair housing case filed by a resident who asked to keep a pit bill as an emotional support animal. The community banned residents from keeping pets, except for birds and fish, but the resident asked for a reasonable accommodation to the policy with documentation from his doctor attesting to his disability and need for the dog for its therapeutic use and function. Eventually, the case ended up in court, where the community argued that the accommodation request was unreasonable because the dog was a pit bull and pit bulls were banned by local ordinance.

Q: An African-American prospect asks an employee in your leasing office a question about how many African Americans live at your community. Can your community get into fair housing trouble if the employee answers the question, even though the person asking is African American?

Claims for sexual harassment, which is considered a form of housing discrimination based on sex, can cost thousands—if not millions—in settlements or court awards, civil penalties, and attorney’s fees—not to mention lasting damage to the reputation of the community, management, and individuals involved. 

In the July lesson, Fair Housing Coach discusses a subject that you may be losing sleep over but don’t talk about: fear of a fair housing complaint. Perhaps you’ve been confronted by—or heard about— unhappy residents or applicants who threatened discrimination claims. Or maybe you’ve heard news about the potentially devastating consequences faced by another community embroiled in fair housing litigation. Whatever the circumstances, you shouldn’t allow the fear of a fair housing claim to throw you off your game.

Earlier this month, Maryland Governor Martin O’Malley signed legislation expanding civil rights protections for transgender individuals. Joined by leaders of the Maryland House and Senate, O’Malley signed the Fairness for All Marylanders Act of 2014, which bans discrimination based on gender identity in public accommodations, employment, and housing.

The June issue of Fair Housing Coach tackles some of the frequently asked questions (FAQs) about fair housing rules based on disability, the most common source of discrimination complaints and lawsuits faced by multifamily housing communities today. Here are a few of the 17 FAQs from the June issue:

Q: How Does Fair Housing Law Protect Individuals with a Disability?

Each April, the nation recognizes Fair Housing Month to mark the passage of the 1968 Fair Housing Act, the landmark federal law that bans housing discrimination based on race, color, national origin, religion, sex, disability, and family status. Earlier this month, HUD Secretary Shaun Donovan launched this year's commemoration of Fair Housing Month at an event featuring the new film "A Matter of Place," which documents three personal stories of housing discrimination in New York City.

Q: A few years ago, a resident filed a disability discrimination complaint in a dispute about assigned parking, but you settled the case by assigning her a parking space as a reasonable accommodation. Over the past six months, she paid her rent late or made only partial payments, and then stopped paying at all. She’s ignored your repeated warnings, but you can’t evict her because she’s disabled. True or false?