February 2007 Coach's Quiz

February 1, 2007

We have given you eight rules to follow to help you prepare for and deal with a HUD investigation based on a fair housing discrimination complaint. 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 letter of the answer you think is correct—for example, 1b, 2a, and so on.

We have given you eight rules to follow to help you prepare for and deal with a HUD investigation based on a fair housing discrimination complaint. 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 letter of 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

You have received a notice of a complaint to HUD alleging that your community has discriminated against a prospect, in violation of fair housing law. What should you do?

  1. Ignore it and hope that it goes away.

  2. Call the HUD investigator and ask what the notice is all about.

  3. Read the notice carefully and start looking through your records.

  4. Call the named complainant and ask him why he did this.

QUESTION #2

After reading HUD's notice, you start your investigation. You learn that two other employees were present when the behavior that is the basis of the complaint occurred. What should you do?

  1. Interview the employees separately.

  2. Interview the employees together.

  3. Tell the employees what you want them to say to the HUD investigator.

  4. Call HUD and tell the investigator that you found two possible witnesses whom you have not spoken with yet.

QUESTION #3

After receiving HUD's notice, your investigation reveals that one of your employees has repeatedly refused to show apartments to families with children. The HUD investigator has called to ask whether you are interested in conciliation. What should you do?

  1. Call the complainant and apologize.

  2. Call your attorney and tell her about the investigation, your findings, and HUD's offer to conciliate.

  3. Call HUD and tell the investigator what you have learned, and that you promise it will not happen again.

  4. Call the employee and tell him he is fired for discriminating against prospects.

QUESTION #4

HUD has notified you of a complaint that one of your employees has been making sexually explicit remarks to a female resident. Another employee overheard some of the remarks and advised the resident to file the complaint with HUD. You feel the complaint is unjustified. What should you do?

  1. Evict the resident for filing her complaint.

  2. Fire the employee who advised the resident to file the complaint.

  3. Fire the employee who was making the sexually explicit remarks.

  4. Don't take any action that could be considered retaliation.

Click To Show/Hide The Quiz Answers

    Coach's Answers & Explanations

    QUESTION #1

    Correct answer: c

    Reason: Rule #1 applies here:

    Rule #1: Keep Detailed Records

    Good record-keeping is essential to protecting your community from HUD complaints. Once you are on notice that HUD is investigating, you can go to your records and find out what happened, who was involved, when it happened, who witnessed it, and where it happened. From there you can start interviewing witnesses and looking at documents.

    Wrong answers explained:

    1. HUD and the investigation will not go away; ignoring them will only make matters worse.

    2. Don't call the HUD investigator unless you have important information. He has enough to do without having to read the notice to you, and he will resent your lack of attention to the matter.

    3. Never call the complainant or initiate any conversation with him about this matter once an investigation is under way. You could be accused of tampering with or trying to impede the investigation. Of course, you can still address other issues with the complainant, such as repairs or late rent payments.

    QUESTION #2

    Correct answer: a

    Reason: Rule #2 applies here:

    Rule #2: Start Your Own Investigation Immediately and Get the Facts

    The only way you will get the facts is by interviewing the witnesses separately. Interviewing the witnesses individually will allow each one to tell you her own version of what happened.

    Wrong answers explained:

    1. When people are questioned together, they have a tendency to try to reconcile their stories. If you let witnesses do this, you will not get the facts.

    2. Telling your employees what you want them to say is tampering. Not only will it not get you the facts, but it will get you into more trouble with HUD.

    3. While you may help HUD by providing witnesses, this will not help you unless you first learn what the witnesses have to say. HUD will get to them eventually. You need to know what the facts are so you can decide what your next move will be.

    QUESTION #3

    Correct answer: b

    Reason: Rules #5 and #6 apply here:

    Rule #5: Evaluate Your Case

    Rule #6: Speak with an Attorney Before Settling

    Now that you know that your community violated fair housing law, this might be the time to conciliate, or settle. Don't make that decision, though, without first consulting your attorney.

    Wrong answers explained:

    1. Once there is a formal complaint, you should not have any contact with the complainant about the investigation. If the complainant is willing to settle for an apology, HUD will let you know that when it tries to conciliate the matter.

    2. While you should always cooperate with HUD in its investigation, you are under no obligation to do the investigation for it. Let HUD do its work and come to you with its findings. The chances are good that a promise “not to let it happen again” will not get you off the hook or even limit your liability under fair housing law.

    3. Firing the employee while the HUD investigation is ongoing is not a good idea. An angry ex-employee is very likely to make matters worse. However, if you have a serious need to fire the employee, unrelated to the complaint under investigation, speak with your attorney before taking any action.

    QUESTION #4

    Correct answer: d

    Reason: Rule #7 applies here:

    Rule #7: Don't Retaliate

    The FHA specifically bans any action in retaliation for the filing of, or assisting in the filing of, a fair housing complaint.

    Wrong answers explained:

    1. Evicting a resident for filing a discrimination complaint with HUD is retaliation, and retaliation is a violation of fair housing law.

    2. Retaliation against someone who aids or assists in the filing of a HUD fair housing complaint is also an FHA violation.

    3. Though firing an employee who may have violated fair housing law is not retaliation under the FHA, a better practice is to wait and see what HUD's investigation determines before you take any disciplinary action.

    See The Lesson For This Quiz

    How to Handle a HUD Fair Housing Investigation

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