November 2021 Coach's Quiz
Now it’s your turn to apply the rules for avoiding liability under the FHA and other laws protecting victims of domestic violence and evaluate how well you’ve learned the material. Take the Coach’s Quiz below. Each question has one and only one correct answer.
QUESTION #1
A private apartment complex in a town with a local nuisance law requiring landlords to crack down on violent crime adopts a “zero tolerance” policy allowing for eviction if a tenant or other person under his or her control engages in violent criminal activity in the apartment. A tenant physically assaults his wife in the couple’s apartment. The wife tells the landlord that this isn’t an isolated incident and that she fears for her life. What should the landlord do?
a. Evict the couple for violating the zero tolerance policy
b. Evict the husband but not the wife for violating the policy
c. Refrain from intervening in the couple’s business
QUESTION #2
You send a tenant an eviction notice. In response, she tells you she’s a domestic violence victim who’s being stalked by her ex-boyfriend. She claims that the security guard at your community is the only protection she has and begs you not to evict her. The laws of your state protect domestic violence victims from eviction. What should you do?
a. Proceed with the eviction
b. Drop the eviction
c. Ask her for proof
COACH’S ANSWERS & EXPLANATIONS
QUESTION #1
Correct answer: b
Reason: Rules #1, #2, and perhaps #4 apply here:
Rule #1: Don’t Treat Domestic Violence Victims and Perpetrators the Same Way
Rule #2: Beware of “Zero Tolerance” Policies
Rule #4: Honor Victims’ Rights Under State Domestic Violence Protection Laws
Engaging in acts of domestic violence on community premises constitutes legitimate grounds for evicting the husband. But evicting the couple would be tantamount to punishing the wife. Accordingly, the landlord’s best option is to seek eviction on a bifurcated basis. This is especially true when the wife tells you she fears for her life. Bifurcated eviction may actually be mandated under state law, provided that the wife asks you to pursue it for her own protection. So, b. is the right answer.
Wrong answers explained:
a. The reason a. is wrong is that evicting tenants because they suffer domestic violence is a form of illegal sex and perhaps racial and national origin discrimination. The cardinal rule is that you can’t treat domestic violence victims and victimizers the same.
c. This choice is wrong because it leaves the wife at the husband’s mercy. Although intervention isn’t called for in all situations, it is required when the situation is life-threatening. In addition to being morally wrong, failing to take steps to protect the wife could expose you to liability under VAWA (if your community is federally assisted), state domestic violence protection laws, and negligence laws.
QUESTION #2
Correct answer: c
Reason: Rules #4 and #5 apply here:
Rule #4: Honor Victims’ Rights Under State Domestic Violence Protection Laws
Rule #5: You Can Require Documentation of Domestic Violence
This is a tricky situation. But the initial response is easy. Yes, a tenant who’s a legitimate target for eviction may be entitled to relief under state domestic violence protection laws. But you needn’t even reach that problem unless and until you confirm that the tenant is telling the truth and not making up a story to avoid eviction. Specifically, the laws require tenants seeking protection to provide a protective order or other evidence showing that they’re the victim of domestic violence. If the tenant can’t furnish the necessary proof, you can go ahead with the eviction action. That’s why c. is the right answer.
Wrong answers explained:
a. This choice is wrong because the tenant would be entitled to relief from eviction only if she can provide proof that she’s a domestic violence victim. So, the first thing the landlord should do before deciding what to do next is request such proof.
b. This choice is wrong because landlords with a legitimate case for eviction don’t have to back off unless tenants provide documentation of being victimized by domestic violence. So, again, the landlord’s first step is to ask for that proof.
See The Lesson For This Quiz
| Dealing with Domestic Violence: How to Avoid Fair Housing and Other Legal Traps |