August 2008 Special Issue Coach's Quiz
We have summarized some recent court decisions on fair housing law. Now let's look at how the rulings 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.
COACH'S TIP: The correct answers (with explanations) follow the quiz. Good luck!
QUESTION #1
Your market-rate community is considering adopting a policy regarding the citizenship or immigration status of your applicants. You should:
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Adopt a policy to ask all applicants about their citizenship and to require them to provide documents to back them up.
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Adopt a policy to avoid any inquiry into applicants' citizenship or immigration status.
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Consult an attorney before adopting any policy concerning applicants' citizenship or immigration status.
QUESTION #2
Your community was built during the mid-1990s, so it is covered under the FHA's design and construction standards. Even if certain units are not accessible, your community is not liable for failure to comply with those standards because construction was completed more than 10 years ago. True or false?
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True.
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False.
QUESTION #3
Your community plans to advertise vacancies for several small one-bedroom units in the newspaper and on the Internet. In addition to describing the units, you want to add to the online version of the ads that the apartments are “Perfect for singles” and “Ideal for professionals.” The law provides immunity from liability for anything on the Internet, so you don't have to worry about any potential claims under fair housing law because of the ads. True or false?
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True.
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False.
COACH'S ANSWERS and EXPLANATIONS
QUESTION #1
Correct answer: c
It's a good idea to get legal advice before adopting a policy regarding applicants' immigration status. Although there is no federal law that prevents you from adopting a policy of screening applicants based on their immigration status, your community may be subject to state or local laws that have adopted immigration-related measures affecting residential rental property.
Wrong answers explained:
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Though federal law does not prevent you from adopting a policy regarding applicants' immigration status, your attorney should help ensure that your community would not violate any state or local law that prohibits such inquiry.
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Federal law generally does not require market-rate communities to screen applicants based on their citizenship or immigration status. Nevertheless, you should get legal advice on how to prevent your community from violating any other applicable federal, state, or local laws in adopting a policy regarding applicants' immigration status.
QUESTION #2
Correct answer: b
Your community could be liable for failing to comply with the FHA's design and construction requirements. The courts have issued conflicting opinions about when the time limit expires for filing claims for FHA design or construction defects, but you could be liable, depending on whether and how the court in your area has ruled on the issue.
Wrong answer explained:
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Your community could be liable under the FHA, even if a court in your area has held that the time limit for filing an FHA design and construction defect ends when construction was completed. Regardless of when it was built, your community could face a fair housing complaint if you fail to address any alleged design or construction defects that are the subject of a request for a reasonable modification by a resident with a disability.
QUESTION #3
Correct answer: b
Your community could be hit with fair housing complaint for discriminatory advertising, regardless of where the ads appear. The FHA prohibits advertising that expresses a preference based on familial status, and the courts and HUD have made it clear that the ban applies equally to both traditional and online advertising media.
Wrong answer explained:
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Although some courts have ruled that federal law may provide immunity to online providers for posting discriminatory advertising, those decisions do not let communities off the hook for liability under the FHA if they post discriminatory ads on the Internet.
See The Lesson For This Quiz
| Legal Update 2008: What's Happening in the Courts |