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National Apartment Association Education Institute Certified Apartment Property Supervisor.

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Presentation on theme: "National Apartment Association Education Institute Certified Apartment Property Supervisor."— Presentation transcript:

1 National Apartment Association Education Institute Certified Apartment Property Supervisor

2 Restrooms Breaks Lunch Cellular Phones Smoking 2

3 Name Company Number of Units How Many Years In the Business Two sentences about what you think about Law and Risk in your job 3

4 Participate fully. Help us stay on track. Have fun. 4

5 Apartment Communities and the Law Hiring Employees Lawfully Establishing Workplace Guidelines Counseling, Disciplining, and Terminating Employees Ensuring Workplace Health and Safety Observing Rental Laws Maintaining Habitable Properties Working with Contractors and Contracts Managing Risk Current Legal Trends 5

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7 Laws exist to protect peoples rights. As a multi- property supervisor, you need to be aware of those rights for employees and residentsand see that the community management teams comply with the rule and the spirit of the law. Failure to follow local, state, and federal laws can potentially put the company and the properties into serious legal jeopardy. 7

8 When conducting background checks on employees or applicants, you must notify them and get their permission to obtain a credit report. If the employee or applicant is not hired based on something in his or her report, you must provide the contact information for the Credit Reporting Agency, and a Statement of FCRA Rights 8

9 Extends the FCRA Addresses consumer concerns about identity theft Addresses in more depth the procedure for inaccuracies in consumer reports Gives the consumer the right to restrict how businesses use their non- public personal information 9

10 In all stages of employment you may not discriminate based on: Race Color Religion Sex National origin 10

11 Prohibits employment discrimination to applicants or employees who are 40 or older Applies to employers with 20 or more employees 11

12 Prohibits employment discrimination against disabled applicants or employees who can perform the essential functions of the job, with or without reasonable accommodation Applies to employers with 15 or more employees 12

13 Sets requirements for minimum wage and overtime eligibility Regulates child labor Applies to employers with 2 or more employees 13

14 Requires employers to pay equal wages to male and female employees who perform similar work (equal skill, effort, responsibility) Applies to employers with 2 or more employees 14

15 Requires employers to grant up to 12 weeks of unpaid leave during a 12-month period for: Birth or adoption Employees serious health condition To care for a parent, spouse, or child with a serious health condition 15

16 Requires employers to have a safety program to protect employees from hazards Requires information to be accessible to employees about hazardous materials they may use Requires periodic safety training Requires documentation of workplace injuries 16

17 Prohibits employment discrimination based on national origin or citizenship status Requires the processing of an I-9 form to prevent the hiring of illegal aliens Applies to employers with 3 or more employees 17

18 Regulates the labor management relationship Prohibits discrimination based on union activity Applies to private sector employers that have an impact on interstate commerce 18

19 Prohibits employment discrimination because of an applicants or employees military obligations Requires employers to reinstate employees to their former jobs after honorably completing military duty 19

20 Prohibits an employer from disciplining or terminating an employee for being called to serve on a federal jury 20

21 Prohibits employers from requiring applicants to submit to a polygraph exam Applies to private sector employers except: Security firms, and Pharmaceutical manufacturers, distributors and dispensers 21

22 Notices about federal laws must be posted where employees can see them such as: Near time clocks In break rooms In designated department locations Some states require notices to be in more than one language (e.g., Spanish) so be aware of your states requirement. 22

23 Management was legally responsible for the control area failed to repair the system and/or property damage or a problem that caused the injury. knew or should have known that an accident was likely to happen in the area. could have sharply reduced the chances of an accident with reasonable attention to the maintenance or repair problem. Negligence is governed by Common Law 23

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26 List core tasks and accountabilities for the job. Maintain objectivity and provide a useful standard by which to fairly evaluate all candidates who apply. Strong legal defense tool Resources for writing job descriptions: 26

27 References Credit Checks Driving Records Criminal History Employment Eligibility (Legal to Work in the United States) Skills Testing Drug Testing (after conditional offer) Medical Exams (after conditional offer) 27

28 Offer to send the applicants signed consent to a full disclosure of employment information Typical Questions: What are the applicants greatest strengths? What are his or her greatest opportunities? Would you hire this person again? Confirm salary, title, dates of employment 28

29 Prepare questions in advance Use only acceptable questions! Ask all applicants the same questions (use of an interview guide is recommended) Ask only job related questions Keep application forms and employment records for at least one year 29

30 Restate the at will employment relationship. Give a written list of job duties. Give a written offer of pay and benefits. Refer to the employee handbook that includes company policies. Provide a document for the employee to sign and accept the job offer. 30

31 The employee works at the will of the employer. The employer can terminate the employee at any time for any reason, or for no reason at all (but not for discriminatory reasons). The employee is free to quit at any time. 31

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34 Minimum Wage – know the current federal and state minimum wage Overtime - Covered non-exempt employees must receive overtime pay for all hours worked in excess of 40 hours per week Recordkeeping – Keep employee time and pay records. Display posters outlining the requirements of the FLSA - federal and state labor posters as well. 34

35 Setting High Standards Maintaining a Drug-Free Workplace Maintaining a Harassment-Free Workplace Use an Employee Handbook to Further Outline These Policies 35

36 Introduction Hours Pay and Salaries Benefits Drug and Alcohol Abuse Harassment Attendance Discipline Employee Safety Smoking Complaints Workplace civility Conduct not covered by the handbook 36

37 Company culture and history How the company (or apartment community) is organized, in terms of work teams and functions Workplace rules Health and safety rules Pay and benefits Work schedules And anything else relevant to working in the community 37

38 Employees will know what you expect of them and will receive feedback on their work. You can recognize and reward good employees You can identify and coach workers who are having trouble. You will stay in touch with the needs, concerns, and problems of employees. You can identify potential problems earlier. Performance reviews can help keep future legal problems to a minimum by helping track and document employee issues. 38

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41 Your expectations of how the job should be performed How the employee is currently performing Critical element(s) where the employee is failing or falling short What the employee must do to bring performance to an acceptable level 41

42 First Violation – Verbal Warning Second Violation – Written Warning Third Violation – Suspension or Probation Fourth Violation - Termination 42

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44 Provide a private office or area. Include a peer as a witness to the meeting. Have the final paycheck prepared in advance, including any benefits, vacation, or severance pay if required by state law. Keep accurate and detailed documentation of the termination meeting. Represent the company in a professional, ethical, and honest manner. 44

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47 This protocol must educate employees on: Hazardous chemicals they work with How to use them properly How to avoid potential accidents or injuries 47

48 Hazard Evaluation Labeling Material Safety Data Sheets (MSDS) Written Plan Training Programs

49 Material Safety Data Sheets- Identification Hazardous Ingredients or Components Physical and Chemicals Characteristics Fire and Explosion Hazard Reactivity Data Health Hazard Data Spill or Leak Procedures Special Protection Special Precautions 49

50 Must be a written procedure Must be accessible to employees at all times Must establish contractor responsibilities Must establish annual auditing procedures Must establish an inventory of hazardous energy sources and procedures to de-energize them Must provide for training and retraining 50

51 Electrical Hydraulic Pneumatic Chemical Mechanical Thermal 51

52 OSHAs exposure control program for dealing with the control of bloodborne pathogens in the workplace, including Hepatitis B Virus (HBV) and the Human Immune Deficiency Virus (HIV) 52

53 Must be written Must include exposure determination Must have procedure for post exposure evaluation and follow- up Must be trained to employees 53

54 Personal Protective Equipment 54

55 OSHA requires the use of Personal Protective Equipment (PPE) to reduce exposure to hazards in the workplace. Items such as: Goggles & Safety Glasses Gloves & Foot Protection Hearing Protection Respirators & Dust Masks Personal Fall Protection Aprons Hard Hats and Face Shields 55

56 Employers must have a written training program for employees who perform electrical service and maintenance on the property, including those who assist with the work. This includes minor electrical repair and maintenance tasks, such as changing ballasts in overhead lights or replacing simple switches. 56

57 OSHA Can: Inspect and investigate any facility, equipment, and records mandated by the regulations Interview and observe personnel Observe areas that arent covered by the employers consent or the inspection. 57

58 Injury and illness records for the past five years. All written programs outlined. OSHA Form 300A posted annually. OSHA poster displayed. Documentation of all training and written assessments. Medical and exposure records. 58

59 Speedy deposit of checks and money orders No Cash Accepted sign in the rental office. Review personal safety policies and procedures at staff meetings. Use cell phones, walkie-talkies, or a two-way radio system to stay in contact with the office or other staff members. Keep the entrance to an apartment home open during a showing. Bring someone along when showing an apartment late in the business day or when dark. Carry a small alarm device, such as a whistle or clip-on siren. Work on empty apartments only during the day unless accompanied by someone else. When the resident is not home, lock the apartment while performing maintenance or repairs. Do the same in vacant apartments. 59

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63 A fair housing policy that describes its fair housing practices, including any requirements relating to occupancy guidelines, income, and credit and rental histories. Include state, county and city compliance laws as well. All policies must be clearly displayed in the business office Training and re-training for all staff members must occur. 63

64 Display Fair Housing posters where they can be seen easily by prospective renters and residents. The minimum size required by law is 11 x 14. Train employees on the Fair Housing Act when they begin their employment with the company. Provide refresher training on an annual basis. Monitor employee compliance by using mystery shoppers. 64

65 Under the Fair Housing Act, people with disabilities are promised "equal enjoyment of housing." That means they can ask for reasonable modifications and accommodations to give them equal accessibility to all features and benefits of the rental community and its policies. 65

66 According to the Fair Housing Act, an individual has a disability if he or she has a condition that substantially limits one or more major life activities. These conditions include but are not limited to: Physical, visual, hearing, or mobility impairments Alcoholism Mental illness AIDS or AIDS-related complex 66

67 Examples of Reasonable Accommodations Allowing a service or therapy animal to live in a community with a no pets policy Reminding a person with a developmental disability that the rent is due the next day Providing a sign language interpreter for meeting a resident who has a hearing impairment Examples of Reasonable Modifications Installing a ramp Installing grab bars in the bathroom Widening doorways 67

68 If your multifamily housing was first occupied after March 13, 1991, It must comply with these seven design requirements for new construction: Wheelchair accessible entrances on an accessible route Switches, outlets, and environmental controls at specific heights Accessible public and common use areas Usable kitchens and bathrooms Usable doorsBathroom walls reinforced for grab bar installation Accessible routes into and within the dwelling 68

69 Pay Rent or QuitCure or Quit Unconditional Quit 69

70 Emergency Entry Entry for Requested Repairs Entry for Scheduled Repairs Entry for Law Enforcement and Government Officials Official Entry Denied Entry 70

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73 Protect from weather Provide working water, heat, air conditioning, plumbing, electric, and lighting Provide adequate waste disposal Provide clean and safe common areas Provide reasonable protection from hazards and crime Address potential environmental hazards Control all other nuisances 73

74 AsbestosLeadRadon Carbon Monoxide Mold 74

75 Be aware of crime in the area Work with law enforcement Educate residents about safety Establish and execute key control procedures Stay on top of safety measures Inspect regularly – Doors, Locks, Lighting, Landscaping, etc. Conduct background checks on employees 75

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78 Bid Requirements Detailed Specifications of Work Contract Award Notification Performance Security Insurance Requirements Contract Execution Contract Termination Requirements 78

79 CompareThoroughDetailed 79

80 Award the Contract Evaluate the Bids Verify Bidder Qualifications Specify Bid Documents and Deadline Pre-Bid Meetings 80

81 Key Information (Parties, Location, Date, etc.) Scope of Work General Waiver and Release Hold Harmless Settlement and Release Agreement Payment Terms and Penalties Signatures and Authorizations 81

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84 Acknowledge and Identify RisksEvaluate and Prioritize RisksDecide How to Manage the RisksImplement a Risk Management PlanReview, Evaluate, and Adjust the Plan 84

85 Legal Risks Financial Risks Safety Risks Fraud Risks 85

86 ProximityAdjacent propertiesWeather and geographyResidentsProperty arrangementProperty infrastructure 86

87 Loss Prevention Loss Control 87

88 Property Insurance Liability Insurance Vehicle Insurance Workers Compensation Insurance Professional Insurance Self-Insurance – Retention of Risk Others? 88

89 Auto General Liability Property Damage Workers Compensation Crime Threats ADH or FHA Claims 89

90 Review The Prior Plan Evaluate The Effectiveness of the prior Plan Adjust Based on Effectiveness 90

91 Communicating with Others Responding to Crime Taking Care of Resident Relations Dealing with the Media Moving to Recovery 91

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94 The Fair Housing Act Discrimination against persons with disabilities Non-traditional forms of discrimination Hidden Forms of Discrimination Accessibility Source of Income Linguistic Profiling The Violence Women Act (VAWA) Exclusionary Zoning Ordinances 94

95 Communications Issues Exclusive Cable Agreements Can-Spam Regulations Residential Green Building Standards Non-Smoking Policies Freon Recovery and R410a ADA Amendments Act of 2010 LBP Renovators Rule 95

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98 Apartment Communities and the Law Hiring Employees Lawfully Establishing Workplace Guidelines Counseling, Disciplining, and Terminating Employees Ensuring Workplace Health and Safety Observing Rental Laws Maintaining Habitable Properties Working with Contractors and Contracts Managing Risk Current Legal Trends 98

99 This plan is yours and yours alone You decide on the leadership areas you want to work on You set the number of goals You decide on the action steps and timeline. 99

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