CAM Legal & Fair Housing Compliance 3 — Questions and Answers
Question 1: A resident files a fair housing complaint against the property manager. Under federal law, the manager is prohibited from:
- Documenting the basis for all tenancy decisions going forward
- Retaliating against the resident by raising rent or threatening eviction (Correct answer)
- Continuing normal lease enforcement for other violations
- Consulting an attorney about the complaint
Correct 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.
Question 2: Under the Americans with Disabilities Act (ADA), which areas of a multifamily residential property are primarily covered?
- Individual dwelling units only
- Common areas open to the public, such as leasing offices and community rooms (Correct answer)
- All areas including private patios and balconies
- Only federally-funded buildings constructed before 1990
Correct 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.
Question 3: 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:
- Ignore the violation to avoid a fair housing complaint
- Enforce the lease uniformly, applying the same remedy as for any tenant who sublets without permission (Correct answer)
- Only issue a warning rather than proceeding with eviction
- Transfer the tenant to a different unit as a resolution
Correct 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.
Question 4: The Fair Housing Act's prohibition on 'familial status' discrimination protects:
- Only married couples with children under 18
- Families with children under 18, pregnant women, and persons in the process of securing legal custody of a child (Correct answer)
- All adults living together regardless of relationship
- Only biological parent-child relationships
Correct 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.
Question 5: Which property type is exempt from the familial status and religion provisions of the Fair Housing Act?
- Any property with fewer than 10 units
- Housing for older persons (HOPA) that qualifies as 55+ or 62+ communities meeting HUD requirements (Correct answer)
- Condominiums and co-operative housing only
- Properties managed by religious organizations for all tenants
Correct 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.
Question 6: When advertising available units, a fair housing violation would occur if an ad:
- Lists the monthly rent and number of bedrooms
- Uses phrases like 'ideal for single professional' or 'perfect for Christian family' (Correct answer)
- States the property address and application requirements
- Notes that the property has a pool and fitness center
Correct 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.
Question 7: Under the Fair Housing Act, a 'reasonable accommodation' is best defined as:
- Any modification to a unit's physical structure requested by a resident
- A change in rules, policies, practices, or services to afford a person with a disability equal opportunity to use and enjoy housing (Correct answer)
- A financial concession offered to residents who file discrimination complaints
- An exception granted to any applicant who cannot meet standard qualifications
Correct 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.
CAM Legal & Fair Housing Compliance 3
A resident files a fair housing complaint against the property manager.
Under federal law, the manager is prohibited from: