NAHP Compliance Monitoring & Fair Housing Laws 3 — Questions and Answers
Question 1: A prospective tenant requests a first-floor unit due to a mobility impairment even though no such units are currently available. The property manager should:
- Deny the request since no units are available
- Place the applicant on a priority waitlist as a reasonable accommodation (Correct answer)
- Offer to modify an upper-floor unit instead
- Refer the applicant to a different property
Correct answer: Place the applicant on a priority waitlist as a reasonable accommodation
Providing a priority waitlist position for an accessible unit is a recognized form of reasonable accommodation under the Fair Housing Act.
Question 2: A policy that requires all tenants to have a minimum household income of 3x the monthly rent could constitute a Fair Housing violation if it:
- Applies equally to all applicants regardless of income source
- Results in a disparate impact on recipients of housing assistance (Correct answer)
- Is required by the property's lender
- Screens out applicants with poor credit
Correct answer: Results in a disparate impact on recipients of housing assistance
Income-to-rent ratio policies can have a disparate impact on voucher holders and may violate Fair Housing laws in jurisdictions that protect source of income.
Question 3: In the LIHTC program, what document serves as the primary tool for verifying a household's initial income eligibility?
- Tenant income certification (TIC) (Correct answer)
- Lease agreement
- Section 8 voucher
- Credit report
Correct answer: Tenant income certification (TIC)
The Tenant Income Certification (TIC) is the primary document used to verify and certify a household's income eligibility at move-in.
Question 4: A property manager refuses to rent to a family because they have three children and the manager believes the unit will be too crowded. This is most likely a violation of which protected class?
- Race
- Religion
- Familial status (Correct answer)
- National origin
Correct answer: Familial status
Refusing to rent to families with children constitutes familial status discrimination under the Fair Housing Act.
Question 5: When a LIHTC property transitions from the initial compliance period to the extended use period, which entity is responsible for monitoring ongoing compliance?
- The IRS directly
- The state housing finance agency (HFA) (Correct answer)
- HUD regional office
- The property's lender
Correct answer: The state housing finance agency (HFA)
State Housing Finance Agencies (HFAs) are responsible for monitoring LIHTC properties throughout both the compliance and extended use periods.
Question 6: Which of the following is NOT a permissible reason to terminate a tenant's lease at an affordable housing property?
- Nonpayment of rent
- Significant lease violation
- Household income increased above the program limit
- The tenant filed a fair housing complaint against management (Correct answer)
Correct answer: The tenant filed a fair housing complaint against management
Retaliating against a tenant for filing a fair housing complaint is prohibited under the Fair Housing Act.
Question 7: A tenant certifies that only two people will live in the unit but later the monitor discovers five people residing there. This most directly raises concerns about:
- Habitability code compliance
- Household income certification accuracy and fraud (Correct answer)
- Insurance liability
- Rent overcharge
Correct answer: Household income certification accuracy and fraud
Undisclosed household members can affect income calculations and eligibility, raising concerns about fraudulent certification.
NAHP Compliance Monitoring & Fair Housing Laws 3
A prospective tenant requests a first-floor unit due to a mobility impairment even though no such units are currently available.
The property manager should: