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Many people put together a policy manual for their business but
forget to review this important document to see if it includes Fair
Housing. Make it a challenge to go through your policy manual to see
if it does meet Fair Housing standards. Fair Housing is the highest
standard there is for Property Managers and proudly upheld. One of
the first things HUD may ask to see is your policy manual if there
is a Fair Housing complaint. Don’t let your Policy Manual be a
liability.
Include a General Fair Housing Policy
Do you have a general Fair Housing Policy in your company manual? To
start, it can be a very simple but effective statement.
(Company) follows all federal and state Fair Housing laws and
guidelines. Fair Housing affects all areas of the real
estate/property management industry. There is a separate section on
Fair Housing polices to follow in this manual and many
cross-references throughout this manual.
It is also useful to include specific Fair Housing Laws.
Three very important acts of legislation to mention are
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The Title VIII of the United States Civil Rights
Act of 1968, as amended in 1988
§
The Civil Rights Acts of 1866 and 1870, 42 U.S.C.
Sections 1981, 1982
§
The Americans with Disabilities Act
These laws are the backbone of today’s Fair Housing laws. If your
state has additional Fair Housing Laws, include them as well. This
will also help your Personnel understand what they should be
practicing.
Fair Housing Section
If you have a specific Fair Housing section in your manual, make
sure that it includes the very basis of Fair Housing.
(Company) will not tolerate any Fair Housing violations of any
kind and does not discriminate based on race, color, religion, sex,
handicap/disability, or national origin. Some states also include
familial status or other areas. If appropriate, add wording to
contain your state law requirements. The Internet can be a useful
tool to search out federal or state laws.
Here are other inclusions to consider – as long as you actually do
them.
§
Displaying the Equal Opportunity Sign in the
office – a federal requirement
§
Requiring all Personnel to abide by the Fair
Housing laws
§
Requiring all Personnel to report violations of
Fair Housing immediately
§
Participation in providing Fair Housing education
for Personnel
§
Providing a Fair Housing complaint process
It is just important NOT to include something if it is not true. For
example, if you do not provide any education for Personnel regarding
Fair Housing, leave this out. Remember, your policy manual is a
reflection of your business and could become involved in a lawsuit
or Fair Housing complaint. You want it to be as accurate as
possible.
Review Your Basic Procedures
In your daily operation, are the procedures outlined in your manual
complying fully with Fair Housing? Look at your manual critically
to see if this is what your company is doing every day. There
are a lot of areas for potential lawsuits. If they need updating or
even removal, do it as soon as possible.
§
Advertising – publications, Internet, email
§
Steering or redlining
§
Property showings
§
Application process
§
Treatment of handicapped persons
§
Refusal to work with discriminatory property owners
§
Tenant problems or disputes
Fair Housing Policies and Personnel
After your take the time to review and possibly update your Policy
and Procedures Manual for Fair Housing issues, it is very important
that you have your Personnel review the updates as well. They are
your representatives but the ultimate liability and responsibility
is that of the company. It will not help to update your policy
manual and not inform anyone. Have an office meeting to discuss any
changes.
Keep the “Fair” in Fair Housing in your company documents and
practices at all times, particularly your company Manuals.
The examples and information in this article are from the current
version of the LandlordSource Policy and Procedures Manual, written
by Jean Storms, MPM®. This is available at
www.landlordsource.com.
If you have questions or comments on this article email
jstorms@landlordsource.com.
Disclaimer:
LandlordSource does not represent the article content in
this website as legal advice. It is shared information only and
up to the reader to use this information responsibly, seeking
legal advice as necessary to their business.
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