Test Your Knowledge of Fair Housing Law

FAIR HOUSING TEST ANSWERS & EXPLANATIONS

QUESTION #1

Correct answer: b

The FHA prohibits communities from denying housing based on the applicant’s race, color, national origin, religion, sex, disability, or familial status. But the law doesn’t require communities to accept applicants who don’t meet reasonable screening standards, regardless of whether they’re members of a protected class.

QUESTION #2

Correct answer: a

Federal fair housing law bans not only intentional discrimination, but also what’s known as disparate impact discrimination—that is, claims based on seemingly neutral policies that have a discriminatory effect on members of protected classes. In disparate impact claims, the focus is on the effects of the policy, not its intent. So communities may be liable for adopting or enforcing the policy that has a discriminatory effect, even if there was no intent to discriminate based on race or any other protected characteristic.

QUESTION #3

Correct answer: b

In addition to federal requirements under the FHA, communities must comply with applicable state and local laws, many of which have expanded fair housing protections to cover other characteristics. Some—like marital status, age, ancestry, and creed—have been on the books for many years, while others—like sexual orientation, gender identity or expression, and source of income—have been added more recently.

QUESTION #4

Correct answer: a

The community may reject the application based on information about rental history obtained during a reference check, as long as the same standards are applied to all applicants, regardless of their race, color, religion, sex, nationality, familial status, or disability.

QUESTION #5

Correct answer: c

Treat residents consistently when holding them accountable for breaking the rules. If a resident violates your lease, then you may give the resident a second chance if all residents get a second chance under similar circumstances.

Wrong answers explained:

a.   Don’t let your fear of a fair housing claim prevent you from applying your policies fairly and consistently. When necessary, consult your attorney to make sure that your actions are documented and justified.

b.   You could wind up in fair housing trouble if you ignore your friend’s violation of the rules, but don’t offer the same consideration to other residents. If you make exceptions only for some residents, then others may think that you’re treating them more harshly because of their race or other protected characteristic.

QUESTION #6

Correct answer: a

Your community could face a fair housing complaint from the resident for failure to take prompt action to correct and end a discriminatory housing practice by the neighbor if you knew or should have known of the discriminatory conduct and had the power to correct it.

QUESTION #7

Correct answer: b

Even if well meaning, the leasing agent could be accused of unlawful steering—that is, limiting the couple’s housing choices by directing them away from a particular unit because of their race.

QUESTION #8

Correct answer: a

Fair housing law bars discrimination against residents—whatever their personal characteristics—because of their association with members of a protected group. It’s unlawful to take any adverse action against a resident—such as interfering with her right to enjoy the premises or threatening or evicting her—because of biases against her friends or guests.

QUESTION #9

Correct answer: a

You could face a fair housing complaint based on the way you handle phone calls or emails from prospects. Treating people differently because of the way they sound on the phone could lead to a complaint of linguistic profiling based on race or national origin. And fair housing experts warn against “email profiling”—treating prospects differently based on perceived race or ethnicity from the name used in an email.

QUESTION #10

Correct answer: c

Answering questions related to the racial, ethnic, or religious composition of your community or whether children live there could land you in fair housing trouble—especially if the person asking the question is a tester, not a prospect. Tell him that your community’s fair housing policy doesn’t allow you to answer questions about the characteristics of other residents. 

Wrong answers explained:

a.   It doesn’t matter whether the prospect is a member of the same protected class—answering the question could get you into fair housing trouble.

b.   You shouldn’t discuss the racial or ethnic characteristics of your residents, regardless of how the subject comes up.

QUESTION #11

Correct answer: a

Your community could face a fair housing claim for discrimination based on national origin if you refuse to rent to applicants who don’t speak English. Though people with limited English proficiency aren’t a protected class under the FHA, the law prohibits discrimination on national origin, which is closely linked to the ability to communicate proficiently in English.

QUESTION #12

Correct answer: a

A policy to prohibit the use of curry or other strong spices in the building would probably have a disproportionate effect on residents from certain cultures or ethnic backgrounds, which could trigger a fair housing claim for discrimination based on national origin.

QUESTION #13

Correct answer: c

The FHA prohibits the making, printing, and publishing of advertisements that indicate a preference, limitation, or discrimination because of race, color, religion, sex, disability, familial status, or national origin. To avoid fair housing trouble, your advertising should describe the characteristics of the unit, not the people you think should live there.

Wrong answers explained:

a.   According to HUD, examples of advertising that may violate the FHA include “no children,” which indicates discrimination on the basis of familial status, or “no wheelchairs,” which indicates disability discrimination.

b.   An advertisement that describes a unit as “perfect for singles” implies a preference against families with children.

QUESTION #14

Correct answer: a

The FHA’s ban on discrimination based on familial status applies not only to households with one or more children under 18, but also to anyone who is pregnant or in the process of securing legal custody of a child under 18.

QUESTION #15

Correct answer: b

HUD’s two-person/bedroom standard is only a general guideline to determine whether a community’s occupancy standards are reasonable under federal fair housing law. Communities may have to allow more than two people per bedroom based on applicable state or local occupancy standards. In addition, HUD says that the general rule may not be reasonable in a particular case based on the size or configuration of the unit, size of the bedrooms, or other factors.

QUESTION #16

Correct answer: b

The FHA prohibits you from steering prospects by telling them only about certain vacancies about your community, but it does not require you to show all available units to the prospect, even though she has children, if she wants to see only vacancies that are close to the pool.

QUESTION #17

Correct answer: b

You may take steps to address the noise complaints, but imposing overly restrictive rules about children’s use of the common areas, such as pools, hallways, or open spaces, could trigger a claim of discrimination based on familial status.

QUESTION #18

Correct answer: b

As used in federal fair housing law, sex generally refers to a person’s gender, so it’s unlawful to discriminate against either men or women because of their gender.

QUESTION #19

Correct answer: a

Fair housing law considers sexual harassment as a form of discrimination on the basis of sex. One form of sexual harassment occurs when a resident is pressured to accept unwelcome sexual advances in exchange for something related to the tenancy. Community owners face significant liability in sexual harassment cases, so it’s a good idea to look into the rumors, even in the absence of a formal complaint.

QUESTION #20

Correct answer: a

Using religious symbols or phrases could suggest an unlawful religious preference, but HUD has said that use of secularized terms or symbols, such as Santa Claus, or phrases such as “Merry Christmas,” don’t violate federal fair housing law. Nevertheless, fair housing experts advise communities to emphasize the general festivity of the season, rather than particular holidays or religions, to avoid any impression that you favor one religious group over another.

QUESTION #21

Correct answer: b

Although the FHA doesn’t define “religion,” fair housing experts say the law’s protections are broad enough to prohibit discrimination against individuals who aren’t affiliated with a particular religion or don’t ascribe to particular religious beliefs.

QUESTION #22

Correct answer: a

Under fair housing law, you should consider requests for reasonable accommodations even if the resident doesn’t have an apparent disability. Fair housing law broadly defines “disability” to cover anyone who has a physical or mental impairment that substantially limits one or more major life activities—even if it isn’t obvious or apparent. HUD’s list of impairments includes many physical and mental conditions with few, if any, obvious symptoms to suggest that a particular prospect qualifies under the FHA’s disability-related provisions.

QUESTION #23

Correct answer: b

When a reasonable accommodation request comes from a resident whose disability isn’t readily apparent, federal guidelines allow you to request reliable disability-related information to verify that he has a disability that qualifies under the FHA, but you can’t insist that it come from his treating physician. Federal guidelines state that the verification may come from a medical, mental health, or social services provider; peer support group; or reliable third party in a position to know about the individual’s disability. In some cases, the federal guidelines say that it can come from the applicant himself, such as proof that he receives Social Security disability benefits or “a credible statement by the individual.”

QUESTION #24

Correct answer: b

Despite your suspicions, you should treat it as a request for a reasonable accommodation for an exception to your pet policies. The reasonable accommodation rules kick in anytime anyone says she needs or wants something—including an assistance animal—because of a disability.

The resident may be entitled to keep the cat as an emotional support animal if she has a disability-related need for the animal. Under fair housing law, assistance animals are not pets—they’re animals that work, provide assistance, or perform tasks for the benefit of a person with a disability, or provide emotional support that alleviates one or more identified symptoms or effects of a person’s disability, according to HUD.

QUESTION #25

Correct answer: c

As a general rule, part of accommodating a resident with a disability is to waive any pet fees or deposits you have with regard to service animals.

Wrong answers explained:

a.   You don’t have to waive the pet deposit for everyone just because you waive the fee for this resident. Fair housing law generally requires communities to apply their policies consistently, but the FHA requires communities to make exceptions to policies as a reasonable accommodation if necessary to enable a resident with a disability to use and enjoy his unit.

b.   The pet deposit charged to residents is in return for letting them keep pets in their units. The resident needs to keep a service animal—not a pet—in his unit, so the community can’t require the resident to pay even a reduced pet deposit so he can keep his guide dog.

QUESTION #26

Correct answer: b

Even though there are unassigned accessible spaces near her unit, you should accommodate this resident by making an exception to your policy of not providing assigned parking spaces. The FHA requires communities to make reasonable accommodations to rules, policies, practices, or services when the accommodations may be necessary to afford persons with disabilities an equal opportunity to use and enjoy a dwelling.

QUESTION #27

Correct answer: a

Fair housing law doesn’t require communities to grant unreasonable accommodation requests. The law considers an accommodation request unreasonable if it imposes an undue financial and administrative burden or fundamentally alters the nature of the community’s operations. Because you don’t provide residents with transportation or shopping services, granting his request would require a fundamental alteration in the nature of your community’s operations. If faced with such a request, however, HUD advises communities to discuss whether there are any alternative accommodations that would effectively meet the resident’s disability-related needs without fundamentally altering your operations.

QUESTION #28

Correct answer: a

The applicant has an obvious mobility impairment and his request to install a ramp at the entrance of a building is a reasonable modification. You may require him to provide a description of the ramp, obtain building permits, and provide assurances that the ramp with be built in a workmanlike manner. If he fulfills those requirements, then you must grant the applicant’s request to build the ramp at his expense.

QUESTION #29

Correct answer: b

You don’t have to tolerate a resident’s serious lease violations just because she has filed a prior discrimination complaint against your community. She could file a retaliation claim, but to win, she would have to prove that you evicted her because of her prior fair housing complaint. Since it’s been years since she filed that complaint, you should be able to fend off a retaliation claim as long as you can prove that you had a legitimate, nondiscriminatory reason for evicting her—and didn’t single her out to get back at her.

QUESTION #30

Correct answer: b

You should keep records of every prospect who comes into or contacts your community, regardless of whether he files an application. Keeping good records puts you in the best position to prevent fair housing violations—and to defend yourself if you ever face a discrimination complaint.