Legal & Fair Housing Compliance Flashcards

A resident files a fair housing complaint against the property manager. Under federal law, the manager is prohibited from:

Answer: Retaliating against the resident by raising rent or threatening eviction

Retaliating against a resident who exercises fair housing rights is a separate violation of the Fair Housing Act.

Under the Americans with Disabilities Act (ADA), which areas of a multifamily residential property are primarily covered?

Answer: Common areas open to the public, such as leasing offices and community rooms

The ADA primarily governs public accommodations and commercial facilities, covering common areas open to the public rather than private dwelling units.

A property manager discovers a tenant sublet their unit without permission, violating the lease. The tenant is a member of a protected class. The manager should:

Answer: Enforce the lease uniformly, applying the same remedy as for any tenant who sublets without permission

Consistent, uniform lease enforcement regardless of protected class is the correct approach and is not discriminatory.

The Fair Housing Act's prohibition on 'familial status' discrimination protects:

Answer: Families with children under 18, pregnant women, and persons in the process of securing legal custody of a child

Familial status protection covers households with children under 18 in the custody of a parent or guardian, plus pregnant women and those seeking custody.

Which property type is exempt from the familial status and religion provisions of the Fair Housing Act?

Answer: Housing for older persons (HOPA) that qualifies as 55+ or 62+ communities meeting HUD requirements

HOPA-qualified senior housing communities meeting HUD's requirements may restrict occupancy to older persons without violating familial status provisions.

When advertising available units, a fair housing violation would occur if an ad:

Answer: Uses phrases like 'ideal for single professional' or 'perfect for Christian family'

Advertising language that expresses a preference for or against a protected class (religion, familial status, etc.) violates the Fair Housing Act.

Under the Fair Housing Act, a 'reasonable accommodation' is best defined as:

Answer: A change in rules, policies, practices, or services to afford a person with a disability equal opportunity to use and enjoy housing

A reasonable accommodation is a policy or procedural change—not necessarily a physical change—needed to provide equal housing opportunity to a person with a disability.