docKTS 2015 Fair Housing Basics- 1hour [Compatibility - AHMA-PSW
download 
Report Transcription
KTS 2015 Fair Housing Basics- 1hour [Compatibility - AHMA-PSW
Kimball, Tirey & St. John LLP www.kts-law.com Presented by Fair Housing Training & Defense Department San Diego Irvine Sacramento Los Angeles Bay Area Kimball, Tirey & St. John LLP © 2015 1 Thank you! Kimball, Tirey & St. John LLP © 2015 2 Anyone who is alleged to have committed the discriminatory act can be named Owners, on-sites, management, real estate agents and brokers, newspapers, insurance companies, lenders, architects, developers, etc. You each have personal liability Follows the line of authority Kimball, Tirey & St. John LLP © 2015 This means YOU too! 3 1 Kimball, Tirey & St. John LLP www.kts-law.com Anyone who believes they have been injured by someone’s action can file a complaint. Applicants Residents Guests Testers Fair housing agencies Employees Kimball, Tirey & St. John LLP © 2015 4 Kimball, Tirey & St. John LLP © 2015 5 Kimball, Tirey & St. John LLP © 2015 6 R__________ C__________ R____________ 2 Kimball, Tirey & St. John LLP www.kts-law.com S_____________ • Sexual harassment Kimball, Tirey & St. John LLP © 2015 7 N_______ O_________ Kimball, Tirey & St. John LLP © 2015 8 F__________ S_________ Households with persons under 18 • Pregnancy • Senior properties exempt • 55+ and 62+ H_______________ Referred to as “disability” in California Kimball, Tirey & St. John LLP © 2015 9 3 Kimball, Tirey & St. John LLP www.kts-law.com M_________ S______ A____________ A____________ S__________O______ M________C________ and . . . Kimball, Tirey & St. John LLP © 2015 10 G______________ G________ I_________ G________ E_________ And … Kimball, Tirey & St. John LLP © 2015 11 Source of Income Legal & verifiable Does not have to come from employment Paid directly to tenant or tenant’s representative Section 8 vouchers currently not included Aggregating income Section 8 calculation (if participate in Section 8) $1000 rent – Rent ratio of 3x = $3000/mo $350 tenant’s share x 3x rent = $1050/mo Kimball, Tirey & St. John LLP © 2015 12 4 Kimball, Tirey & St. John LLP www.kts-law.com Arbitrary discrimination Personal characteristics Association Kimball, Tirey & St. John LLP © 2015 • • An impairment that limits one or more of life’s major activities or makes it difficult 13 Physical Disability Record of having a disability or being regarded as being disabled Kimball, Tirey & St. John LLP © 2015 Mental Medical Conditions 14 Confidentiality: Never ask about the nature or severity of someone’s disability Keep any information regarding a disability strictly confidential Kimball, Tirey & St. John LLP © 2015 15 5 Kimball, Tirey & St. John LLP www.kts-law.com Request (Written or Oral) Written Verification Disabled Needed Related Unless apparent Kimball, Tirey & St. John LLP © 2015 16 3 – Third party, reliable/credible P – Peer support group A – Agency, non-medical service D – Doctor, medical professional S – Self-statement -- Under 65 – SSI -- SSDI -- Handicap license plate Kimball, Tirey & St. John LLP © 2015 17 Can’t cause an undue financial or administrative burden Can’t change the nature of the business If deemed unreasonable, open an “interactive dialogue” with the Resident to see what might work Helping with shopping ... or meds ... or feeding Kimball, Tirey & St. John LLP © 2015 18 6 Kimball, Tirey & St. John LLP www.kts-law.com Made at tenant’s expense (exceptions) Done in a workmanlike manner (contractor required?) Tenant pays for and obtains permits Restore to original condition, barring normal wear and tear, if it will negatively affect the next tenant Kimball, Tirey & St. John LLP © 2015 19 Change/exception to a rule, policy, practice or service May or may not cost $$ Cannot cause undue financial or administrative burden or change nature of business Interactive process Common Examples Kimball, Tirey & St. John LLP © 2015 20 Request Verification Assigned space (not ADA) Double-wide space (stripe differently) Option: Wait list Option: Lease break (w/o penalty) Kimball, Tirey & St. John LLP © 2015 21 7 Kimball, Tirey & St. John LLP www.kts-law.com Companion / therapy / emotional support / service animals ? Can be many types of animals besides dogs ? ? Kimball, Tirey & St. John LLP © 2015 Breeds Types Y Y N N 22 Number Y Pet rules N Y N Pet rent Y N Rules of conduct Y N Pet deposit Y N Trainers N Police dogs Y Extra deposit Y N Size/pounds Y N Y N Circle the correct answer Kimball, Tirey & St. John LLP © 2015 23 Certification can be purchased online No verification of disability required LL is entitled to verification that resident is disabled and needs the dog Certification of dog is irrelevant Kimball, Tirey & St. John LLP © 2015 24 8 Kimball, Tirey & St. John LLP www.kts-law.com Caregivers Transfer Units Hoarding Change Rental Due Dates Pest Control Treatment methods Rent Check Pick Up Mental Disabilities Kimball, Tirey & St. John LLP © 2015 25 Check before you say yes or no to a resident’s request Just because you think a request is “unreasonable” doesn’t mean HUD would agree The wrong answer can cost you a lot of money Kimball, Tirey & St. John LLP © 2015 26 Consistent process All adults submit application Best practices Accommodate the disabled Use an updated application No codes or comments Note the date & time application was submitted Kimball, Tirey & St. John LLP © 2015 27 9 Kimball, Tirey & St. John LLP www.kts-law.com Equal enforcement Avoid restrictive children’s rules • • • • • • • • Age-related supervision rules health & safety reasons only Supervision Curfews Use of amenities Outdoor play Playgrounds Personal property v. toys Wheeled vehicles Pool Signage “Children Under the Age of 14 Should Not Use Pool Without an Adult in Attendance.” Spa Signage “1. Elderly persons, pregnant women, infants and those with health conditions requiring medical care should consult with a physician before entering a spa.” “2. Unsupervised use by children under the age of 14 is prohibited.” Kimball, Tirey & St. John LLP © 2015 28 Have a written procedure for handling complaints Examples Investigate Document Take appropriate action Kimball, Tirey & St. John LLP © 2015 29 Evictions almost 1/4 of all complaints Notices Lease non-renewals Non-retaliatory, nondiscriminatory reasons Documentation is key Kimball, Tirey & St. John LLP © 2015 30 10 Kimball, Tirey & St. John LLP www.kts-law.com Thank you! Contact us at: Phone: 800-338-6039 Fax: 800-840-0357 www.kts-law.com [email protected] Kimball, Tirey & St. John LLP © 2015 31 11
