May 2019 Coach's Quiz
We’ve given you 10 rules on how to resolve fair housing complaints. Now let’s look at how the rules might apply in the real world. Take the Coach’s Quiz to see what you’ve 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
Although your community has a no-pets policy, a maintenance worker reports that a resident has a pet bird in her unit. When you ask her about it, the resident says that she’s disabled and that the bird is her companion animal, but she refuses requests to provide documentation that she has a disability-related need to keep the bird. Soon after informing her that she must remove the bird, you receive notice that she filed a HUD complaint, accusing your community of disability discrimination. What should you do?
a. Nothing, it’s obvious that her complaint is merely a ploy to get around your no-pets policy.
b. Send her a warning that she’s in violation of your community rules and that she must remove the bird immediately or face eviction proceedings.
c. Contact your attorney to determine how you should respond to the complaint.
QUESTION #2
HUD is investigating a fair housing complaint filed against your community by a resident who accuses you of discrimination after his lease was terminated for nonpayment of rent. The HUD investigator has called for conciliation, but you think the resident filed the complaint just to get back at you for evicting him. What should you do?
a. Refuse to settle because it’ll only reward him for filing a bogus claim.
b. Give him what he wants as long as he goes away once and for all.
c. Participate in conciliation to see if you can settle the claim to resolve the dispute quickly at minimal cost.
QUESTION #3
One of your residents repeatedly calls your office about a host of problems ranging from noisy neighbors, broken appliances, and defects in your parking lot. Although most are groundless, you’ve tried to resolve all her concerns, but she accuses your staff of acting rudely and ignoring her complaints because of her race. What should you do?
a. Tell her that you may not renew her lease unless she stops bothering you with minor problems.
b. Keep track of how often she calls, but otherwise ignore her because she’s just being cranky.
c. Keep records about her complaints and what you did to address them and contact management to alert them to a possible fair housing problem.
COACH’S ANSWERS & EXPLANATIONS
QUESTION #1
Correct answer: c
Reason: Rules #1, #6, and #8 apply here:
Rule #1: Call Your Lawyer
Rule #6: Cooperate with Investigator
Rule #8: Avoid Retaliation Claims
If you receive notice of a formal fair housing complaint filed against your community, it’s best to contact a fair housing attorney to oversee your investigation, advise you on the proper response, and communicate with the HUD investigator on your behalf.
Wrong answers explained:
a. The case won’t go away if you ignore the notice and ensuing HUD investigation.
b. The FHA considers retaliation to be a separate offense, which means that you could be found liable for damages or penalties for retaliation, even if the initial discrimination claim is ultimately found to be groundless.
QUESTION #2
Correct Answer: c
Reason: Rule #7 applies here:
Rule #7: Consider Conciliation
Keep an open mind when the HUD investigator initiates conciliation. You may be able to negotiate a settlement at minimal expense, putting an end to the matter and cutting your exposure and defense costs if the case continues.
Wrong answers explained:
a. Refusing to consider settlement options is likely to backfire—it may not only prolong the case, but also increase your potential risk and legal expenses if the case ultimately goes against you.
b. You should engage in good faith efforts to conciliate the matter, but that doesn’t mean you must give him everything he wants to make the case go away.
QUESTION #3
Correct answer: c
Reason: Rules #8, #9 & #10 apply here:
Rule #8: Avoid Retaliation Claims
Rule #9: Focus on Training
Rule #10: Stay on Top of Paperwork
Train your staff to recognize and report early warning signs of fair housing problems. The management may be able to take steps to alleviate her concerns, and the documentation about her complaints and what you did to address them will help you respond in case she files a formal complaint.
Wrong answers explained:
a. Even though she hasn’t filed a formal HUD complaint, the FHA’s retaliation provisions make it unlawful to make threats or interfere with her tenancy because of her complaints about discrimination.
b. It’s good to keep a record, but once a resident complains of discrimination, it should raise a red flag that you could face a fair housing complaint.
See The Lesson For This Quiz
| 10 Key Steps for Resolving Fair Housing Complaints |