September 2016 Coach's Quiz
We have reviewed recent court cases to show how communities have fared in defending themselves from fair housing claims. Now you can 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
Although your community doesn’t restrict residents from smoking outside, several residents have complained about people smoking outside on balconies and near building entrances. To avoid fair housing problems, you must adopt a policy to ban smoking anywhere at your community.
a. True.
b. False.
QUESTION #2
Your office receives a complaint from a resident about barking coming from a neighboring unit. You find out that a resident has been keeping a dog in her unit in violation of the community’s policies against pets. She says she needs the dog because she’s disabled, but she doesn’t appear to have any visual or other impairment. You may insist that she remove the animal immediately or face eviction. True or false?
a. True.
b. False.
QUESTION #3
You just hired a new employee, who has been critical of your management staff and your policies and procedures. Coworkers have complained that she isn’t a “team player” and report that they’ve overheard her telling applicants to contact HUD regarding possible discrimination complaints. Since she’s caused nothing but trouble in the short time she’s worked there, you can terminate her employment without worrying about possible liability under the FHA’s retaliation provisions. True or false?
a. True.
b. False.
COACH’S ANSWERS & EXPLANATIONS
QUESTION #1
Correct answer: b
In general, fair housing law doesn’t require you to ban smoking anywhere at your community, although you may consider adopting policies to curb or prohibit smoking if you choose to do so. Regardless of your policy, however, you should take it seriously anytime a resident makes a disability-related complaint about second-hand smoke. If the resident meets the criteria to qualify as an individual with a disability under the FHA, then you must consider requests for reasonable modifications or reasonable accommodations to enable the resident to fully use and enjoy the dwelling. Although a community-wide ban may not be reasonable, it may be necessary to consider alternatives that would effectively meet the resident’s disability-related sensitivity to second-hand smoke exposure.
QUESTION #2
Correct answer: b
Even though the resident violated your community’s no-pet rule, you risk a fair housing complaint if you refuse to consider her request to keep the dog as a reasonable accommodation for her disabilities. You can’t deny the request simply because she doesn’t have an apparent disability. If the resident’s disability isn’t readily observable, then you may ask for reliable disability-related information that’s necessary to verify that she has a disability and has a disability-related need for the animal. But be careful—you can’t ask the resident for information about what his disability is or what the animal does to assist him—only for confirmation that there is a disability and that the animal is needed because of that disability.
QUESTION #3
Correct answer: b
The employee could accuse you of violating fair housing law if you fire her because she was advising applicants to contact HUD about potential fair housing problems. The FHA bans retaliation against employees and others on account of their having aided or encouraged anyone in the exercise or enjoyment of his fair housing rights.
See The Lesson For This Quiz
| Legal Update: Highlights from Recent Fair Housing Cases |