How To Be Fair Housing Law Compliant

How To Be Fair Housing Law Compliant

• Make sure everyone in your leasing office is knowledgeable about the Fair Housing Laws. Training is the best way to prevent staff from violating Fair Housing Laws or discriminating against prospective applicants. Some good resources for Fair Housing training are video and audiotapes on the subject and guest speakers sponsored by your local apartment association.
• Keep a time log of all contacts and phone calls related to prospective applicants. Write down the date and time of all phone calls and visitors with a brief description of the conversations. If someone calls in the morning looking for an apartment that doesn't become available until later that afternoon, the time log is a reference showing that you didn't discriminate by withholding information.
• Don't steer applicants towards one apartment or make recommendations. Although it is human nature to want to be helpful, it is discriminatory to recommend to a family with children an apartment on the first floor or in a special building with other families.
• Know the seven nationally protected categories. It is illegal to discriminate against any person because of race, color, religion, sex, handicap (disability), familial status, or national origin.
• Know your local protected categories. Every state and many local governments have additional anti-discrimination laws. Contact your local apartment association or government office for further guidance.
• Document your resident screening criteria policy based on allowable categories. Create a "policy file." Criteria can set requirements in categories such as credit, income, length of employment, residence history, check history, and criminal history. Be specific in your description. For example, applicants with between 40%-50% rent to income ratio are accepted with an extra $200 security deposit.
• Avoid making exceptions to your selection criteria. Be consistent and firm with your selection, making sure to follow policy. Do not make exceptions because you "feel good" about that person or they tell a sad story. Discrimination occurs when you make exceptions and deviate from your policy.
• Make the same offers to everyone. For example, if an applicant applies for an apartment but doesn't quite make enough money, you may decide to accept them if they have a qualified guarantor/co-signer. The same offer must be available to every applicant with a similar situation.
• Document all applications, decisions and reasons. Always explain clearly to the applicant the reasons for your decision. Send a letter with the reasons clearly stated. If the reasons are based on information received from a consumer-reporting agency, you are required by the FCRA to send an "adverse action" or a declination letter. Keep a copy of the letter with your signature in your files.
• Use an outside source to provide information to make leasing decisions. Using an outside resource such as a consumer reporting agency can provide a source of consistent and documented critical decision-making information to assist in Fair Housing compliance.
• Consult with legal counsel. Ask your legal counsel to review your proposed resident screening criteria and other policies.

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