April 2007 Coach's Quiz
We have given you 11 rules to follow to show you how to deal with troublesome residents without violating fair housing law. Now let's look at how the rules might apply in the real world. Take the COACH's Quiz to see what you have learned.
INSTRUCTIONS: Each of the following questions has only one correct answer. On a separate piece of paper, write down the number of each question, followed by the answer you think is correct—for example, 1b, 2a, and so on.
COACH'S TIP: The correct answers (with explanations) follow the quiz. Good luck!
QUESTION #1
Amelia, a single mother who is a resident in your community, has confided to your secretary that one of your other residents, Julio, has been making lewd remarks and gestures to her. What should you do?
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Ignore it.
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Tell Julio to knock it off.
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Have your secretary write down everything she remembers about the conversation with Amelia and then give it to the staff member who has been designated to take and investigate complaints.
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Tell Amelia to ignore Julio.
QUESTION #2
Amelia has complained to the designated staff member, Juanita, about Julio. Juanita has heard other complaints about Julio, but none were about lewd remarks or gestures. What should Juanita do?
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Write out Amelia's complaint and a detailed record of her interview, and then initiate an investigation.
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Tell Amelia about all the other complaints she has heard about Julio and recommend that Julio be evicted.
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Tell Julio to stop or Juanita will have him evicted.
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Tell Amelia that Julio has problems and to give him a break.
QUESTION #3
You learn that Juanita and Julio are cousins and that Juanita helped Julio qualify as a resident in your community. What should you do?
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Tell Juanita that she has to be fair and impartial in her investigation.
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Replace Juanita with another trained staff member to investigate Amelia's complaint.
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Fire Juanita.
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Evict Julio.
QUESTION #4
The staff member conducting the investigation of Amelia's complaint learns that Julio is a recovering drug addict and has been seen injecting himself with heroin in the basement of the building he lives in. The staff member recommends that Julio be evicted based on the community rules and the number of other rule violations of which he has been accused within the past year. What should you do?
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Begin eviction proceedings against Julio because that is what the rules require.
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Don't evict Julio, because he is a recovering drug addict and protected by the FHA.
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Don't evict Julio, because he has had a tough time and deserves another chance.
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Make Julio an example to all the other residents and evict him because he is a drug addict.
QUESTION #5
Julio responds to your eviction proceeding by filing a complaint with HUD, claiming that you violated the FHA when you sued for eviction and that he is receiving treatment for his disability. What should you do?
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Drop the eviction proceeding.
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Ignore the HUD complaint and proceed with the eviction.
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Tell Amelia that Julio will never be evicted, because he can always claim that he is being discriminated against.
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Ask for proof that he is receiving treatment, and remind Julio that if you suspend the eviction proceeding, you can and will resume it if his inappropriate behavior does not stop.
Coach's Answers & Explanations
QUESTION #1
Correct answer: c
Reason: Rules #2, #3, and #5 apply here:
Rule #2: Develop a Complaint Process and Put It in Writing
Rule #3: Designate a Staff Member to Receive and Handle Complaints
Rule #5: Take All Complaints Seriously and Investigate Each One
Residents need to know what to do when they are victims of bad behavior. You should designate a staff member and have him trained to accept and investigate each and every complaint about the behavior of anyone in your community.
Wrong answers explained:
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Amelia is being discriminated against by Julio based on her sex, which is a protected characteristic under fair housing law. No matter how you found out about it, once you are aware of it, not acting could cause you fair housing trouble.
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Just telling Julio to “knock it off” is not taking the complaint seriously. To avoid fair housing liability, you must take every complaint seriously.
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Telling Amelia to ignore Julio does not show that you are taking the complaint seriously.
QUESTION #2
Correct answer: a
Reason: Rules #4 and #5 apply here:
Rule #4: Document All Complaints
Rule #5: Take All Complaints Seriously and Investigate Each One
Every complaint, no matter what it is, must be documented and investigated. Failing to act in this situation could be as damaging as acting in a discriminatory manner.
Wrong answers explained:
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Nothing is accomplished by telling the complaining resident about other complaints. You can't evict without investigating first and being able to prove that eviction is justified.
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Threatening eviction is pointless. If it is justified and warranted, then you should proceed.
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Asking Amelia to give Julio “a break,” regardless of the reason, is the equivalent of ignoring the complaint, which could lead to fair housing trouble.
QUESTION #3
Correct answer: b
Reason: Rule #6 applies:
Rule #6: Conduct and Record a Fair Investigation
To ensure that all investigations are fair, all appearances of impropriety or conflict of interest must be avoided.
Wrong answers explained:
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Instructing a relative to be fair and impartial about her cousin will not necessarily result in a fair and impartial investigation. It is safer to remove the temptation and let someone who is actually unbiased conduct the investigation.
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Unless Juanita has violated a code of conduct or rule of her employment, firing her is not warranted and could be viewed as discrimination.
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Evicting Julio without establishing that he has violated community rules that require eviction could cause you fair housing trouble because he could claim that you evicted him based on race.
QUESTION #4
Correct answer: a
Reason: Rules #7, #8, and #10 apply here:
Rule #7: Apply Policies Consistently
Rule #8: Do Not Be Afraid to Take Action When Necessary
Rule #10: Do Not Allow Alcohol or Drug Abuse to Excuse Troublesome Behavior
If the investigation shows that the rules have been violated, and the rules require a particular action, you must apply the rules consistently. Not taking action because you are afraid of a fair housing complaint in retaliation could get you into fair housing trouble.
Wrong answers explained:
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Though recovering from drug addiction is a disability, drug abuse and the bad behavior that results are not protected by the FHA.
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You could get into fair housing trouble by not applying your house rules consistently. The complaining resident could claim that you are discriminating against her because you didn't take the prescribed action on her complaint. Also, others in a similar situation who were evicted (or might be evicted in the future) could claim that you gave Julio preferential treatment.
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This is the opposite side of the same coin: Singling out Julio and treating him differently because of his status as a recovering drug addict is a violation of fair housing law. The law protects his disability, not his conduct caused by the drug abuse.
QUESTION #5
Correct answer: d
Reason: Rule #9 applies here:
Rule #9: Make Reasonable and Necessary Accommodations When Appropriate
In most instances, suspending an eviction proceeding would be viewed as a reasonable accommodation to a resident with a disability who requests the opportunity to seek treatment for the troublesome behavior.
Wrong answers explained:
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You are entitled to some form of substantiation that Julio is, in fact, receiving treatment before you make an accommodation.
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Never ignore a HUD complaint, and never ignore a request for an accommodation. If the accommodation is unreasonable, unnecessary, or unduly burdensome and expensive, you can refuse to grant it. But don't ever ignore such a request.
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Julio does not have a blank check to violate house rules because of his disability or request for accommodation. If the accommodation request is a ruse and his troublesome behavior continues, you can and should take appropriate action.
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See The Lesson For This Quiz
How to Deal with Troublesome Residents |