August 2009 Special Issue Coach's Quiz
We have summarized some recent court decisions on 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, 1.b, 2.a, and so on. The correct answers (with explanations) follow the quiz. Good luck!
QUESTION #1
What should you do if a resident complains about racially discriminatory comments and conduct by the resident in a neighboring unit?
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Nothing; you cannot be held liable under the FHA.
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Warn the resident to stop bothering you with complaints about neighborhood squabbles.
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Investigate, and if warranted, take steps to address the problem.
QUESTION #2
In December, a resident sets up a large Christmas display with both religious and secular decorations in the hallway outside his unit. Your community has rules barring residents from placing or storing personal possessions in the hallway. When you ask the resident to remove the display, he refuses and accuses you of religious discrimination. What should you do?
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Remove the display as permitted under your rules.
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Remove only the nonreligious items, but leave the religious decorations in place.
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Leave the display alone.
QUESTION #3
To address complaints about teenagers hanging around your parking lot, your community would not violate fair housing law by adopting a rule forbidding families from entertaining underage guests unless a parent is present. True or false?
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True.
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False.
Coach's Answers and Explanations
QUESTION #1
Correct answer: c
Although the courts disagree over whether a community may be liable under the FHA for failing to stop resident-on-resident harassment, it's a good idea to investigate complaints about discrimination or harassment by one resident against another. Aside from potential liability under the FHA, you could face liability under state or local laws, particularly if the problem escalates.
Wrong answers explained:
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Depending on the circumstances, your community could face a fair housing complaint if you know about racial harassment by one resident against another and fail to do anything to stop it. At the very least, your community may waste time and money in defense costs, even if a court finds no FHA violation.
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Warning the resident to stop bothering you with complaints is even more likely to trigger a fair housing complaint than simply ignoring her complaints. And you could be accused of violating the FHA's ban on retaliation if your comments are viewed as intimidating or threatening the resident for asserting her rights under fair housing law.
QUESTION #2
Correct answer: a
As long as you are not singling out the resident for discriminatory reasons, it's unlikely that you would be found liable under the FHA for removing the display as permitted under your rules. In general, the FHA allows communities to enforce neutral rules governing resident conduct as long as you apply them consistently. Before taking action, however, you should check to make sure that your right to remove religious items is not subject to limitations under state or local law.
Wrong answers explained:
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If your rules permit you to remove items in the hallways, you may remove both religious and nonreligious decorations without violating the FHA.
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Unless you make exceptions to the policy for other residents, fair housing law generally would not prevent you from requiring removal of the display.
QUESTION #3
Correct answer: b
The FHA bans discrimination based on familial status. Although courts disagree over whether it applies to current residents, you could be accused of violating the FHA's ban on discrimination in the terms, conditions, or privileges of sale or rental of a dwelling if you single out families with children for a rule limiting underage guests.
See The Lesson For This Quiz
| Legal Update 2009: What's Happening in the Courts |