How To Be Fair Housing Law Compliant
How
To Be Fair Housing Law Compliant
-
Make sure everyone in your leasing
office is knowledgeable about the Fair Housing Laws.
Training is the best way to
prevent staff from violating Fair Housing Laws or discriminating
against prospective applicants. Some good resources for Fair
Housing training are video and audiotapes on the subject and guest
speakers sponsored by your local apartment association.
-
Keep a time log of all contacts and
phone calls related to prospective applicants.
Write down the date and
time of all phone calls and visitors with a brief description of
the conversations. If someone calls in the morning looking for an
apartment that doesn't become available until later that afternoon,
the time log is a reference showing that you didn't discriminate by
withholding information.
-
Don't steer applicants towards one
apartment or make recommendations. Although it is human nature to want to
be helpful, it is discriminatory to recommend to a family with
children an apartment on the first floor or in a special building
with other families.
-
Know the seven nationally protected
categories. It
is illegal to discriminate against any person because of race,
color, religion, sex, handicap (disability), familial status, or
national origin.
-
Know your local protected
categories. Every state and many local governments
have additional anti-discrimination laws. Contact your local
apartment association or government office for further
guidance.
-
Document your resident screening
criteria policy based on allowable categories.
Create a "policy file."
Criteria can set requirements in categories such as credit, income,
length of employment, residence history, check history, and
criminal history. Be specific in your description. For example,
applicants with between 40%-50% rent to income ratio are accepted
with an extra $200 security deposit.
-
Avoid making exceptions to your
selection criteria. Be consistent and firm with your
selection, making sure to follow policy. Do not make exceptions
because you "feel good" about that person or they tell a sad story.
Discrimination occurs when you make exceptions and deviate from
your policy.
-
Make the same offers to
everyone. For
example, if an applicant applies for an apartment but doesn't quite
make enough money, you may decide to accept them if they have a
qualified guarantor/co-signer. The same offer must be available to
every applicant with a similar situation.
-
Document all applications, decisions
and reasons. Always explain clearly to the applicant
the reasons for your decision. Send a letter with the reasons
clearly stated. If the reasons are based on information received
from a consumer-reporting agency, you are required by the FCRA to
send an "adverse action" or a declination letter. Keep a copy of
the letter with your signature in your
files.
-
Use an outside source to provide
information to make leasing decisions.
Using an outside
resource such as a consumer reporting agency can provide a
source of consistent and documented critical decision-making
information to assist in Fair Housing
compliance.
-
Consult with legal
counsel. Ask your legal counsel to review your proposed
resident screening criteria and other
policies.
Join
Today
| 
tenant screening