April 2016 Coach's Quiz

We’ve reviewed the news about four recent fair housing settlements and lessons learned to help you avoid similar problems at your community. Now let’s look at how the rules might apply in the real world. Take the Coach’s Quiz to see what you have learned.

We’ve reviewed the news about four recent fair housing settlements and lessons learned to help you avoid similar problems at your community. Now let’s look at how the rules might apply in the real world. Take the Coach’s Quiz to see what you have learned.

INSTRUCTIONS: Each of the following questions has only one correct answer. On a separate piece of paper, write down the number of each question, followed by the answer you think is correct—for example, (1) b, (2) a, and so on. The correct answers (with explanations) follow the quiz. Good luck!

QUESTION #1

Most of your residents have lived there for many years. Most are single or couples, whose children have grown. Since most of your residents are over 55, you qualify as a senior housing community, and don’t have to rent to families with children. True or false?

a.   True.

b.   False.

QUESTION #2

Our community allows pets, but not pit bulls, because we believe they pose a safety risk. If a resident says her pit bull is an assistance animal, then we should consider making an exception to the breed restriction as a reasonable accommodation. True or false?

a.   True.

b.   False.

QUESTION #3

We can require all applicants who have animals to pay extra fees or an additional security deposit to cover any potential property damage the animal may cause. True or false?

a.   True.

b.   False.

QUESTION #4

It’s possible to be accused of race discrimination based on how you treat prospects—even if you’ve never met them. True or false?

a.   True.

b.   False.

COACH’S ANSWERS & EXPLANATIONS

QUESTION #1

Correct answer: b

Reason: See Headline #1’s Lesson: It’s NOT Okay to Turn Away Families with Children

Fair housing law recognizes an exception to the familial status provisions that allow allow retirement communities to lawfully exclude children. But it’s a limited exception—it applies only if the community satisfies strict legal requirements to qualify as “housing for older persons.” Unless they do so, communities may not simply declare themselves as “adult communities” or exclude families with children under 18 from living there.

QUESTION #2

Correct answer: a

Reason: See Headline #2’s Lesson: Assistance Animals Are NOT Pets

Don’t make the mistake of flatly refusing requests for exceptions to breed restrictions for assistance animals. Under fair housing law, communities must consider a request for an exception to pet policies, including size, weight, and breed restrictions, as a reasonable accommodation when necessary to allow an individual with a disability an equal opportunity to use and enjoy the property. The issue is whether the particular animal poses a direct health and safety risk based on its past behavior or history rather than fear or speculation about harm or damage based on its breed.

QUESTION #3

Correct answer: b

Reason: See Headline #2’s Lesson: Assistance Animals Are NOT Pets

Regardless of your general policy for pet owners, HUD says that you can’t impose extra conditions, such as payment of a pet deposit or extra monthly pet fee, as a condition of allowing an individual with a disability to keep an assistance animal. If a resident’s assistance animal causes damage to his unit or the common areas, however, HUD says that you may charge him for the cost of repairing the damage (or deduct it from the standard security deposit imposed on all residents) if you have a policy to assess residents for any damage that they cause to the premises.

QUESTION #4

Correct answer: a

Reason: See Headline #4’s Lesson: Keep Race out of the Leasing Process

It’s possible to face a fair housing complaint for race discrimination based on the way you treat prospects, even if you’ve never met them. In some cases, a prospect’s voice on the phone or name in an email may lead to assumptions about his race, sex, or other protected characteristics. If your community answers inquiries from prospects perceived to be African American differently than those prospects perceived to be white, your community could be accused of race discrimination. Adopt standard policies and practices to ensure consistent treatment of prospects, regardless of their race, color, national origin, or any other characteristic protected under federal, state, or local fair housing law.