AVOIDING FAIR
HOUSING CLAIMS
What Maintenance Staff should
and should not do
by Debbie Wilson Springman, Braden, Wilson & Pontius, P.C.
M
aintenance staff are hardworking,
skilled members of a Housing
providers staff. However, many
times, the maintenance staff
members are not afforded the training and Fair
Housing classes that office staff receive on an
annual basis. It is important to realize the responsibilities and obligations that maintenance
staff have under Fair Housing laws, and the increase of potential liability which a Landlord,
Property Manager, supervisor or staff member
faces, if mistakes occur.
What Kind of People Live
Here?
It is important that a staff member refrain from
commenting on the demographics of a community. A prospect may inquire in the office about
the make-up of the community and asks how many
people have children or how many Hispanic tenants
you have. A properly trained leasing agent replies:
“I cannot comment on the demographics of our
community. We rent to anyone who applies, meets
our screening criteria and signs a lease with us.”
So the prospect leaves the office and approaches a maintenance staff member and asks “Do a lot
of children (or Hispanics) live in this community?”
A proper response could be “Please direct questions
to the front office. I am happy to walk you over to
get you to the right person.” If the prospect continues to push, maintenance staff could simply say
“I am not permitted to comment on the demographics of the community. I am happy to take
you to the right person at the front office who can
handle such questions, if you wish.”
16 | TRENDS • MARCH 2016
“If maintenance staff witnesses something
of concern, these things should be
reported to the front office immediately.”
No one should discuss the demographics of a
community with prospects or Residents. It violates
both the state and federal Fair Housing laws.
Commenting on a Breed
Restricted Animals or
Similar Issues
Recently, a discrimination complaint was received from a Resident, alleging that a maintenance
staff member approached a Resident and told him
he was not allowed to have a large dog in the community, as the breed was prohibited under company
policy and it exceeded weight restrictions. The
Resident, who is disabled, became very upset. Unbeknownst to the maintenance staff member, this
specific dog had been approved to live in the community by the main office, because the Resident was
disabled and had provided acceptable verification of
the need for the assistance animal. Therefore, the
front office had agreed to make an exception to its
rules and allowed the assistance dog as an “accommodation” under the Fair Housing Act (FHA).
Apologies for the brief mistake by maintenance
staff did not work and now everyone is dealing
with a discrimination claim. The lesson here is that
if maintenance staff witnesses something of concern, whether it is an unauthorized occupant or
dog, these things should be reported to the front
office immediately. Maintenance staff cannot be
expected to know all aspects of Fair Housing laws
nor are they privy to all conversations and agreements between Management and its Residents.
So it is important that maintenance staff act as a
witness to problems/issues, but not take action of
enforcement against a Resident, such as issuing an
oral reprimand, without discussions with the front
office first. An extra person in a rental, in excess
of occupancy standards, could actually be an authorized caregiver for a disabled Resident. A pit
bull in an Aurora community could actually be an
approved, licensed service dog under local laws.
So report promptly and let the front office handle
the rest.
Respect the Privacy of
Disabled Residents
Sometimes a disabled Resident has been approved to receive a special accommodation such
as a special assigned Parking spot or a breed restricted assistance animal. Other Residents often
inquire as to why the Resident is allowed to “break
the rules” when everyone else has to follow them.
Jealousy occurs often. It is important to understand that Management and maintenance staff
should not disclose or discuss the existence of a
disability of one Resident with any other Resident.
Respect the privacy of the disabled Resident, who
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