National Security vs. Fair Housing
Since September 11, 2001, there's been renewed patriotism and an individual zeal to protect the United States from future attacks. Many well meaning landlords and property managers have created new security procedures and educated their residents on signs of possible terrorist activity and how to report it. While it is important to ensure the safe of your residents and property, it is also important to respect the rights of others when implementing these procedures. HUD has received an increased number of discrimination complaints since the attacks from people, who are or appear to be Muslim, Middle Eastern or from Southern Asia. Based on information supplied by HUD, here are some guidelines for balancing security concerns with fair housing.
The Fair Housing Act prohibits discrimination based on race, religion, color, sex, national origin, disability or familial status. It is unlawful to discriminate, indicate preferences or create limitations based on these categories during the rental, advertising or administration of property. In addition, it also prohibits retaliation or harassment against anyone who has filed a complaint.
Here is a rundown of some housing issues and how to handle them:
- Screening & Rental Procedures - All applicants should be required to fulfill the same application requirements. You cannot require additional documentation, background checks, rent, or security deposits based on race, color, religion, sex, national origin, disability or familial status. It is however acceptable to require applicants to provide proof of citizenship or legal residency if it is required of all applicants. In addition, you can ask whether a student visa will expire during tenancy as long as it is asked consistently regardless of race or religion. You do not have to rent to anyone who does not financially qualify.
- Community Policies - These policies need to be enforced equally for all residents. In addition, when responding to a resident complaint about another resident: be aware of whether the complaint is motivated by race, national origin or religion. All residents should be given the same privileges and be allowed to enjoy the same amenities. You cannot restrict a resident from having guests or using facilities with their guests unless they are violating community policies.
- Problem Residents - Fair Housing does not protect residents that are unruly or pose a danger to others. Any disciplinary action against a resident should be based solely on that resident's behavior or violations of community policies. Eviction procedures should be the same for all residents. The landlord or property manager may also evict residents for delinquent rent payments.
Remember, you don't have to actually discriminate against someone for that person to file a complaint. A person only has to feel that they were the target of discrimination. Consistency is key when it comes to Fair Housing. Policies and procedures should affect all residents equally and should not single out any members of a protected class. For more Fair Housing information, visit HUD's website www.hud.gov/fairhousing.
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