As you likely are aware, the Supreme Court of the United States (SCOTUS) handed down its ruling this week, affirming the validity of Disparate Impact Theory in Fair Housing cases. Immediately, some of my colleagues in the property management industry began ringing the panic bells. “This will change everything!” No, it won’t.
This is Nothing New!
HUD and DOJ have been using Disparate Impact Theory to prove fair housing cases for 40 years! All this SCOTUS decision did, was to uphold policies, rules, and practices that were already in place. This changes nothing. It simply affirms what has been the case for decades.
Continue reading “Disparate Impact – Stop with the Panic Bells, Already!”
As successful property managers, we quickly learn the importance of streamlining our policies and procedures, by establishing methods to save both time and effort. The profit margin in this business is tight, and if we fail to employ standardization and time-saving strategies, we’ll never succeed. I’ve noticed the average burnout time for most new property managers seems to be about 2 years. That’s how long it takes to realize it’s not a money-making business, unless we have policies and procedures in place that make the job doable.
Continue reading “When Saving Time Can Cost You Time (and Money!)”
The finishing touches have been applied, and it’s ready to go! A brand new class entitled “What’s New in Fair Housing: Cases, Settlements & Trends for Property Managers” is the result of many months of research, analysis, and compilation of information about the steadily-evolving trends and cases around the Federal Fair Housing Act, today. As a property manager, you’re undoubtedly aware of the huge impact this body of law has on our industry. Still, you may find yourself confused about such things as
- The differences between a “service animal,” “therapy animal,” “companion animal,” and “assistance animal.”
- What you can and cannot ask a prospective resident about his or her disability.
- Whether you could be held liable for a discriminatory statement made by someone else.
- Whether you can continue to use the same tenant qualification criteria you’ve always used, without risking a fair housing claim.
This course was designed as a 3-hour program, but can be extended to as many as 6 hours, depending on the needs of your organization. Believe me, there’s plenty of information to fill the time!
Not only will this class be an eye-opener for all who attend, you’ll actually take away some very practical tools for use in your day-to-day business – stuff you can put to work for your company right away!
Want more information? Ask away, by leaving a comment below!
Just today, The U.S. Department of Housing and Urban Development (HUD) issued its “final rule” on disparate impact under the federal Fair Housing Act.
This final rule responds to a heated battle between housing providers (broadly defined to include all parties involved in selling, renting, insuring, lending, and zoning of residential property in the U.S.) and fair housing advocates that ended up in front of the Supreme Court last year. (Just this month, the case was withdrawn, presumably in response to HUD’s published position on the issue.)
What is “Disparate Impact?”
Section 100.500(a) provides that a “discriminatory effect” occurs where a facially neutral practice actually or predictably results in a discriminatory effect on a group of persons protected by the Act (that is, has a disparate impact), or on the community as a whole on the basis of a protected characteristic (perpetuation of segregation). Any facially neutral action, e.g., laws, rules, decisions, standards, policies, practices, or procedures, including those that allow for discretion or the use of subjective criteria, may result in a discriminatory effect actionable under the Fair Housing Act and this rule. For examples of court decisions regarding policies or practices that may have a discriminatory effect, please see the preamble to the proposed rule at 76 FR 70924-25.
Simply stated, disparate impact occurs when a housing provider’s policies or actions, although neutral and non-discriminatory on their face, serve to disproportionately negatively impact a protected class of individuals, as defined under the Fair Housing Act. Continue reading “Disparate Impact: You don’t have to intend to discriminate to violate fair housing law!”