LANDLORD BEST PRACTICES FOR FAIR HOUSING COMPLIANCE

Why Make Fair Housing Compliance a Priority  It’s the law  Noncompliance = Denial of Civil Rights  Noncompliance is expensive

Hiring Staff  Make Fair Housing part of the hiring process  Interview prospective employees about Fair Housing knowledge and experience  Determine the training necessary for new hires, including volunteers and temporary staff  Include Fair Housing policy statement in employee hiring packet

Training  Early and often  All staff  In-house Training  Regular staff meetings  Outside Training  New Hires – 30 days of hire date  Fair Housing update annually

Marketing  Display Fair Housing posters in office  Post Fair Housing policy  Ensure advertising is Fair Housing Compliant  Advertise attributes and amenities  Don’t advertise who you are looking for in a resident  No steering when showing property  Don’t make assumptions about what an applicant may want or not want

Screening  Develop written rental policy with criteria with application process description  Post rental criteria at property  Give rental criteria and application to every perspective resident  Do not ask about physical or mental disabilities, drugs/alcohol use, or lawsuits  Ask questions regarding prior evictions, money judgments, income, bankruptcy, and rental history  Keep good records of all inquiries and applications  Use third party screening service for all rental applications  Formalize and document the appeal process for denials  Develop a formalized waiting list policy

Apartment Rules  Core set of basic rules  Written rules provided to all tenants and posted in office [Familial Status Issues]  Rules must be applicable to all residents  Rules must be enforced uniformly against all residents  Rule violations should be investigated by questioning both sides to a dispute  Records must be kept regarding rule violations and investigations

Rule Enforcement  Enforce equally as to all tenants  Serious violations of lease that endanger others, drugs, or destruction of property  Repeated minor violations  System of lease violation warnings and opportunity to cure  Victims of domestic violence

Reasonable Accommodations  Written accommodation request procedure  Fair Housing compliant accommodation request and verification form  Designate a senior individual with the company to oversee accommodation requests process and make determinations  Incorporated interactive process in accommodation review and response

Screening Criteria and Accommodation Requests  Income – Ability to pay  Cosigner/Guarantor – Do they meet criteria requirements? Criminal History Rental History Credit History  Analysis  Does request accommodate a disability?  Is it reasonable? (i.e. does it impose an undue burden)  Can prefer disabled over nondisabled.  Can impose “some” possible cost on Landlord

Miscellaneous Points  Monitor and review your policies, procedures, and practices for compliance  Implement good, thorough recordkeeping (i.e. inquiries/applications, manager logs, rule violations/disciplinary matters, accommodation requests  Don’t be afraid to ask for help (HUD, Intermountain Fair Housing Council, knowledgeable legal representation)