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Senate Bill 891: More Changes to Ring in the New Year

By
Brad Kraus
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The new year means new changes for Oregon landlords including Senate Bill 891 which is changing timelines related to a landlord’s ability to act.

With the new year here, it is ringing in new changes for Oregon landlords including Senate Bill 891 which is changing of timelines related to a landlord’s ability to act.

By Bradley S. Kraus
Partner, Warren Allen LLP
kraus@warrenallen.com
Happy New Year to everyone! As we turn the page on another (and hopefully final) year of COVID-related changes, another was made last month. Oregon’s December special session ushered in another set of changes to the landlord-tenant world, this time modifying prior tenant protections with the passage of Senate Bill 891. While many of the rules remain the same, the timelines have been tweaked, meaning more potential delays for landlords.

The largest change made within SB 891 is the changing of timelines related to a landlord’s ability to act. Previously, Senate Bill 278 required a landlord to incur a 60-day stay period (90 days in certain localities) if/when a tenant provided documentation evidencing that the tenant had applied for rental assistance. Once this 60/90-day stay period was up, the landlord no longer had to wait, and could either (a) serve a non-payment notice, or (b) continue forward with an eviction action, depending on the posture of the particular non-payment situation. Those rules have now changed.

Senate Bill 891 now places a stay on the landlord’s ability to act until the tenant’s rental-assistance application is no longer pending. More specifically, if “on or before June 30, 2022,” a tenant has provided documentation to the landlord that they have applied for rental assistance, then a landlord is prohibited from:

a.) Serving a termination notice for non-payment, or

b.) Filing or continuing an eviction action based upon non-payment.

These changes once again (and unfortunately) pass the problems related to rent assistance on to landlords. Once a tenant’s application is no longer pending, the landlord thereafter has options depending on the result—either dismiss the case or, if the application was denied, proceed accordingly. But landlords continue to have obligations related to mortgage payments, taxes, etc., and while larger landlords may be able to absorb further delays, small landlords and business owners cannot.

Another important change made within SB 891 is to the disclosures required in your non-payment notices. Landlords should ensure that their forms are up to date, as old forms containing the old SB 278 disclosures are no longer valid, if served post-SB 891 enactment. Any notices served prior to SB 891, but expiring thereafter, remain valid with the old disclosures, however. The law applies to prospective notices served, not retroactively.

On a positive note, courts are becoming very flexible in dealing with SB 891 issues. At the first appearance in an FED action, many landlords are faced with allegations that they were provided documentation by tenants. Landlords may not know what they received, as they likely expect something more formal from rent-assistance agencies. Many of these documents that  qualify as “documentation” look very bare-bones (and, at times, simply thrown together in a Word document). Due to the same, courts have been very willing to allow the parties more time to explore the facts and do the right thing. I anticipate this continuing as we navigate these new laws.

Non-payment cases in Oregon continue to rise in complexity. The shifting legislative and legal landscape will no doubt contain more changes in the future. For the time being, landlords are encouraged to reach out to competent counsel if they receive any documents from their tenant. While it may look like nothing, the document you have could actually be rental-assistance documentation, which could affect your rights moving forward.

About the author: 

Bradley S. Kraus is an attorney at Warren Allen LLP. His primary practice area is landlord/tenant law, but he also assists clients with various litigation matters, probate matters, real estate disputes, and family law matters. You can reach him at kraus@warrenallen.com or at 503-255-8795.

With the new year here, it is ringing in new changes for Oregon landlords including Senate Bill 891 which is changing of timelines related to a landlord’s ability to ac
Bradley Kraus, Portland attorney

Senate Bill 282 – Oregon’s Newest COVID-19 Landlord/Tenant Changes

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What Realtors Should Know About Going Pet-Friendly

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By The Editors
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What Realtors Should Know About Going Pet-Friendly in rental property and apartments

Going pet-friendly in your rental property has many advantages so here are 5 tips to make your rental property appeal to pet owners.

By Mark Daniels

 The past few years have brought on a surge of pet adoptions, which have had a big impact on the housing industry. More and more renters are looking for a place to call home that offers something special for their pets. If you’re a realtor wanting to go pet-friendly, here are five top tips to appeal to renters looking for pet-friendly apartments.

1. Create amenities for people and pets

It’s not enough that luxury apartments have incredible amenities for residents. They need to have perks for pets, too! Amenities like bark parks and pet spas draw in potential renters, and really showcase how pet-friendly your residences are. Even better, creating a special space for pets is easy and won’t take a sizable chunk of your budget.

Going pet-friendly in your rental property has many advantages so here are 5 tips to make your rental property appeal to pet owners.
Pet grooming areas and pet wash areas among top amenities. Photo credit Group4 Studio via istockphotoc.om

2. Tell future residents your luxury apartments are near an emergency veterinarian

Accidents happen. When your residents need to get to the veterinarian, they don’t have time to travel across the city. Let your future residents know that your luxury apartments are close to an emergency vet when they come for their tour.

It’s also a great idea to emphasize that your luxury apartments are close to trails, dog parks, and other pet-friendly areas nearby. That way, your residents know they can take their pet outside for fresh air and fun walks.

3. Sponsor a pet-adoption event and get your name out there

A great way to help animals in need and get your luxury apartments noticed is by sponsoring a pet adoption. Schedule a gorgeous spring day for your local shelter to come out to your property for a pet adoption event. Many shelters will work with you and waive adoption fees in hopes of finding forever homes for more pets.

You can take your pet adoption even further by letting future renters and residents pay less for pet deposits or giving them a few months without having to pay pet rent.

4. Use your staging skills to show off the space

If you’re leasing downtown apartments that are centered in a bustling city, you might not instinctually  appeal to pet owners. This is where your expert staging skills can make small apartments look bigger and more pet-friendly. Here are quick tips on how to stage a luxury apartment for pet owners:

  • Include a dog bed: Show how off how big the bedroom is by putting a strategically placed dog bed in a corner or at the foot of a sleek and modern bed frame. Try to include a bed in the living room, too. This shows there is enough room for everyone to relax.
  • Place small pet bowls in the kitchen: Kitchens are one of the smallest rooms in an apartment, but you need to make sure future renters know there is space for their furry family members and their best friends. Add in small, stylish pet bowls in the kitchen, but make sure they aren’t in the way.
  • Stage modern and functional storage: If you’re staging a smaller apartment, show future residents how much space they can have when they have the right kind of storage. You can store pet toys in storage ottomans, treats in modern-looking jars, and keepsakes on gorgeous bookshelves.
  • Have treats on hand: If you can, offer tours of your downtown apartments where prospective renters can bring their pets with them. Let their pets see the space, and always have treats nearby to make their visit extra special.
  • Always have a pet station nearby: Other kinds of accidents happen, too. Make sure you have plenty of pet stations on your rental property that include bags and trash cans for pet waste. This is the most important feature you need on your property to keep it clean and viable for residents.

5. Embrace the impact of going pet-friendly

It’s not a secret that pets can be a little rough on things like floors, furniture, and other areas of a residence. When you decide to go pet-friendly, you need to remember there may be a little more maintenance than usual, which means you might need to charge a little more in rent. That’s OK! Most pet owners understand the cost of owning a pet and will pay extra for luxury apartments that maintain the property.

Overall, making your luxury apartments a pet-friendly place to live is a significant investment for your rental property and for your residents. When you open your doors to pet owners, you’re making your residences available to more people. This means your apartments are easier to rent out, and people will want to live in them for years to come.

About the author:

Mark Daniels is a writer who authors pieces designed to be of value to Realtors, property managers, and tenants. He has over 15 years of experience writing articles to help educate individuals in the housing industry.

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What a Pet-Friendly Apartment Community Truly Looks Like

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5 Strategies to Enhance Your Leasing Process

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By The Editors
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Here are 5 strategies and best practices to enhance your leasing process from an expert in multifamily community.

Here are 5 strategies and best practices to enhance your leasing process from an expert in multifamily community.

By Ciera Moraga
Mark-Taylor Residential

Exceptional multifamily living always begins with the leasing process. Guests become pleased residents when 5-star service starts from the very first inquiry about your community.

Leasing teams have the unique opportunity to be the “face” of your community. When leasing-team members initially reflect company values and establish high standards of service, it sets the guest up to have an excellent residency.

Here are five best practices of our leasing teams:

Early bird gets the worm

Searching for a new home often requires time-consuming and stress-inducing work. That is why we strive to make the process as seamless as possible for prospective residents. When a prospective resident shows interest in a Mark-Taylor community digitally or over the phone, our leasing teams get back to them swiftly, prepared with detailed information about the community and neighborhood.

The significance of leasing teams’ response time cannot be underestimated; at times, it can be the differentiating factor in a resident’s living choice. We support the response process through innovative technology that captures, sorts, and pushes leads to our team members. In addition, our training and development team coaches leasing-team members on best practices for efficiently responding to prospective residents.

A warm welcome sets the tone

Creating a place that truly feels like home starts the moment that a guest walks through the front door. Our leasing teams greet our residents and guests as if they have arrived at home, even before they choose to live at the community.

A warm smile and standing approach, combined with a welcoming statement such as, “Good morning and welcome to the community. How may I assist you today?” sets the tone for the community presentation and beyond.

Give your guest undivided attention

Providing guests with full, undivided attention is a simple yet profoundly important to-do for leasing teams. In order to feel welcomed into your community, guests must feel listened and attended to during their visit. Use attentive nonverbal behavior – make eye contact, remember names, and welcome questions, comments, and concerns.

Fit your community to their needs

Multifamily leasing must focus on the guest, not just the community. It our goal to deliver what residents and prospective residents want and need in a home. To help accomplish this goal, leasing-team members must ask the right questions to personalize their presentation toward the guest’s personal preferences.

If a guest works remotely from home, we make sure to show them our common working spaces. If a guest enjoys exercise, we show them our fitness center and tell them about our on-site exercise classes. This customer-centric mindset is key.

Seal the deal with follow-up

Following up is another checkpoint in the leasing process that cannot be skipped. Guests return to their busy lives after they visit your community; a prompt and friendly follow-up message is convenient for the guest and keeps the community top-of-mind. If the guest chooses not to live at the community, it is an opportune time to ask for feedback that will make you better than yesterday.

About the author

Ciera Moraga is the associate managing director of multifamily investments at Mark-Taylor Residential. She provides strategic direction for a large portfolio of Mark-Taylor luxury communities across Arizona. She utilizes her expertise to lead her communities to achieve optimal operational success, while staying true to Mark-Taylor’s exceptional standards of service.

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6 Community Maintenance Tips For Exceptional Tenant Experience

Los Angeles Won’t Allow Rent Increases for Most Apartments Until 2023

By
John Triplett
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Los Angeles Won’t Allow Rent Increases for Most Apartments Until 2023

Landlords in Los Angeles cannot increase rent on the more than 650,000 occupied and rent-stabilized apartments in the city despite rising construction-repair costs and increasing city fees.

The Los Angeles Times reports that number is about three-fourths of all the apartments in the city.

Under the rules, landlords are not allowed to increase rents for apartments for an entire year after the expiration of the emergency order signed by Mayor Eric Garcetti in March 2020, when the policy went into effect.

As of now, no rent increases will be allowed for most L.A. tenants until 2023. And possibly beyond, the Los Angeles Times reported.

Landlords put in difficult situation

Landlords in Los Angeles say costs have risen sharply due to inflation, for everything from  labor and materials for building repairs to city fees for trash pickup which puts them in a difficult position for rent increases for apartments.

“We have to pay a mortgage and pay utilities,” said Ari Chazanas, president of Lotus West Properties, which manages about 1,000 apartments across the city, to the Los Angeles Times. “I think there’s a lot of fatigue from people like me because it’s been going on for so long.”

While Los Angeles rents declined substantially at the beginning of the pandemic, they are climbing steadily now.

Apartment List reports that L.A. median rent for recently leased apartments have rebounded to $1,947 a month in November, up nearly 15 percent from the low in January and eclipsing pre-pandemic levels.

The city’s rent-stabilization rules generally apply only to apartments built before October 1978.  Normally, landlords are allowed rent increases on existing tenants by no more than 3 percent annually, depending on inflation.

But the mayor’s emergency order changed that, marking the first time in more than four decades under the city’s current rent-control laws that landlords have been blocked completely from increases. Landlords remain able to charge whatever they want for apartments once a tenant vacates.

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LA Apartment Association Seeks Injunction Over Rent Freeze, Eviction Ban

Apartment Associations File Suit Over LA County Eviction Moratorium Extension

Easy Tenant Screening In Minutes

By
By The Editors
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Easy Tenant Screening In Minutes and property management software from SimplifyEM

Are you having trouble choosing the right tenant for your property?  The average eviction cost is $3500 and picking the right tenant increases rent revenue.

It’s a common issue and it’s challenging to know which tenant to go with.  Some factors to keep in mind are a tenant’s credit and their criminal history.  These factors are important as it can affect paying the mortgage on time and avoiding other potential issues.

Luckily, there are many tenant screening services available that can help. One tenant screening service allows the applicant to grant you access to the tenant screening reports, but this can take hours or even days as applicants don’t finish things in an urgent  manner.  This slows down the process of filling your vacancy and you end up losing time and money.  This has frustrated thousands of people which is why SimplifyEm Property Management Software allows you to generate tenant screening reports in minutes without having to wait for the tenant.  SimplifyEm has changed businesses for the better and gives confidence in choosing the right tenants.

SimplifyEm provides a wide range of tenant screening services.  Tenant screening reports include a background check, credit check, social security validation report, an eviction search and instant payroll verification.  No need to wait for tenants to submit their pay stubs, instant payroll verification automatically checks their income for you.  SimplifyEm Property Management Software will also offer instant bank balance verification.  This will allow real estate investors and property managers to confirm the tenant’s bank account balance ensuring that the tenant is dependable. With all of these reports available in your account within minutes, you can make a decision quickly, filling vacancies faster.

SimplifyEm streamlines every part of the process online.  SimplifyEm also offers rental advertising where you can publish a vacant listing to 20+ sites, online applications so a prospective tenant can apply to the property or unit and online leases to e-sign the lease agreement.  Once the lease agreement is signed, you can also provide a tenant portal for smooth tenant onboarding and a professional experience.  The tenant portal includes online payments, renter’s insurance, documents, and the ability to submit maintenance requests.  No more dealing with paper documents or paper checks.  Everything is done and saved online.

SimplifyEm Property Management Software also has tracking of income and expenses, vendor management, automation, texting, sub-user accounts, notices, print checks, bank reconciliation, Schedule Es, 1099 tax reports and more.  SimplifyEm can streamline your business and automate the most time consuming tasks.

SimplifyEm has been in business for sixteen years now and is one of the most popular property management software companies in the U.S.  As a SimplifyEm user, you’ll get free training, and free unlimited customer support for yourself and tenants and vendors via phone, email and text.  Simplifyem has over 150,000+ happy customers and has helped each and every one stay better organized and keep everything in one system.  Get 50% off SimplifyEm today and get the right tenants faster. 

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Data Shows Movers in 2021 Wanted Warm, Affordable Locations

By
John Triplett
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Data Shows Movers in 2021 Wanted Warm, Affordable Locations

Florida continued to be a top destination for movers in 2021, as people sought warm weather, beaches and abundant rental properties. Those are key takeaways from the latest Magnet States Report, which analyzes moves by thousands of Allied Van Lines customers and home-value data from Zillow.

The top three destination states for people who moved with Allied in 2021 were:

  1. Florida – 5,684 moves
  2. Texas – 4,739 moves
  3. California – 3,253 moves

For those who had work-related moves, Texas and California were the top destination states for the last five years, as both have strong economies and a large workforce.

The Texas population is projected to grow by more than five million residents by 2030 as an increasing number of companies like Tesla, Oracle, and Charles Schwab have moved operations to the Lone Star State, according to the Austin Business Journal. Texas is the ninth largest economy in the world, with a lower cost of living and no corporate income tax.

California is attractive to many small businesses, according to Forbes, because of top talent, a stronger customer base, and great weather. Small businesses make up 99.8 percent of all business in California and employ 48.8 percent of the state’s workforce, according to the release from Allied and Zillow.

Movers in 2021 continued trend

“In 2021, residents intensified the trend that began in 2020 of moving to more affordable neighborhoods,” said Zillow senior economist Jeff Tucker. “The combination of rapidly rising home values and more available remote-working jobs has pushed people to seek out parts of the country where their home-buying dollar goes further. But some of 2020’s most popular destinations like Phoenix and Austin have gotten so expensive so quickly that they are losing some of their appeal as affordable options.”

The average interstate mover in 2021 moved to a ZIP code where homes were about $35,800 cheaper than where they moved from, amplifying a trend that began in 2020, when movers began migrating from pricier to much more affordable locations.

The comparable average ZIP-level price decline in 2020 was about $29,500. Before the pandemic, people tended to move to ZIP codes with very similar average prices: the average ZIP-level price change was only a decrease of less than $7,500 in each year from 2016 to 2019.

The top destinations for net inbound moves in 2021 were mid-priced growing Sunbelt metro areas, while the top origins for net outbound moves were in places that are colder, more expensive, or both.

The Dallas-Fort Worth metro area topped the rankings for the most net inbound movers in 2021, pulling in movers especially from pricey Los Angeles and chilly Chicago, as well as Phoenix.

Origins for people moving to Dallas-Fort Worth:
Destination Metro 1 2 3
Dallas-Fort Worth, TX Los Angeles, CA Chicago, IL Phoenix, AZ

Chicago tops the list of metro areas that originated the most net outbound moves, sending the most movers south and west to Phoenix, Dallas-Fort Worth, and Los Angeles.

Destinations for people leaving Chicago:
Origin Metro 1 2 3
Chicago, IL Phoenix, AZ Dallas-Fort Worth, TX Los Angeles, CA

 

“By combining our moving trend data with housing data from Zillow we are able to provide more robust insights into how people are moving and the importance of housing affordability,” said Steven McKenna, vice president and general manager for Allied. “Our team is proud to have kept America moving safely during the pandemic and we look forward to continued growth and innovation in the New Year.”

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Out-of-Town Movers Outbidding Local Phoenix Renters

Justice, CFPB Warn Landlords On Military Tenant Protections

By
John Triplett
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Justice, CFPB Warn Landlords On Military Tenant Protections

The U.S. Department of Justice (DOJ) and the Consumer Financial Protection Bureau (CFPB) are warning  landlords and other housing providers on military tenant protections when they are providing rental housing for military families, according to a release.

The Justice Department and CFPB have sent a letter to landlords and housing providers reminding property owners of the important housing protections for military tenants, some of whom may have had to relocate or make other changes to their housing arrangements in response to the crisis.

While military families enjoy the same legal protections and privileges afforded to all other homeowners and tenants, they also have additional housing protections under the Servicemembers Civil Relief Act (SCRA), which is enforceable by the DOJ and servicemembers themselves.

Military tenants have several legal protections under the SCRA that are designed to enable them to devote their entire energy to the national defense. These include, for example, a prohibition on foreclosing on certain servicemembers’ mortgages without court orders, the ability for military families to terminate residential leases early, and without penalty, upon receipt of military orders, and a prohibition on evicting military families from their homes without court orders

The Justice Department and CFPB also issued a letter to mortgage servicers regarding military borrowers who have already exited or will be exiting COVID-19 mortgage forbearance programs in the coming weeks and months.

Military tenants protections in housing

“The Department of Justice takes seriously its responsibility to safeguard the rights of servicemembers and veterans,” Assistant Attorney General Kristen Clarke said in a release. “While servicemembers carry the great burdens of this Nation, they should not have to worry that their sacrifices will result in economic harm to their families. Mortgage servicers and landlords must ensure that they are in full compliance with federal laws intended to protect servicemembers and their families during military service.”

The letter to mortgage servicers comes in response to complaints from military families and veterans on a range of potential mortgage servicing violations, including inaccurate credit reporting, misleading communications to borrowers, and required lump sum payments for reinstating their mortgage loans. These complaints are being reviewed for compliance by the CFPB with the Coronavirus Aid, Relief, and Economic Security (CARES) Act and other applicable requirements.

“The illegal foreclosures of military families in the last crisis was one of the financial industry’s worst failures,” CFPB Director Rohit Chopra said in the release. “The CFPB will be closely watching mortgage servicers and will hold them accountable for illegal tactics perpetrated against military families.”

During the COVID-19 pandemic, roughly 7.6 million homeowners entered forbearance.

“While the majority have resumed their regular mortgage payments, approximately 1.25 million borrowers – many of whom are military borrowers – remain in forbearance programs that will expire at the end of the year. Ensuring that mortgage servicers comply with their legal obligations is crucial, especially since a decade ago some large financial institutions illegally seized the homes of military families, sending their lives into a tailspin. These violations were a result of breakdowns in the mortgage servicing industry that were severe and widespread. The result was numerous settlements with regulators, including a $186 million settlement between DOJ and some of the country’s largest mortgage servicers,” the two departments said in the release.

Servicemembers have several legal protections under the SCRA that are designed to enable them to devote their entire energy to the national defense. These include:

  • A prohibition on foreclosing on certain servicemembers’ mortgages without court orders.
  • The ability for military families to terminate residential leases early, and without penalty, upon receipt of military orders.
  • A prohibition on evicting military families from their homes without court orders.

Under the CARES Act and Regulation X, servicemembers and veterans have the same protections available to all mortgage borrowers. These include, for example, streamlined COVID hardship forbearance options, requirements that mortgages receiving a COVID-19 hardship forbearance be reported as “current” to credit reporting agencies if the loan was current before entering forbearance under the CARES Act, and requirements in the Bureau’s Regulations X and Z for treatment of delinquent borrowers and borrowers who have applied for loss mitigation.

“The CFPB and DOJ are calling on mortgage servicers and landlords to ensure that military homeowners and tenants are safeguarded during the pandemic and benefit equally from the Nation’s economic recovery,” according to the release.

View the joint letter to landlords and housing providers regarding military renter protections.

View the joint letter to mortgage servicers on military homeowner protections.

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Consumer Agency Cautions As Pandemic Relief Ends For Renters

Arizona Attorney Disciplined For Wrongful Eviction Actions

By
By The Editors
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Arizona Attorney Disciplined For Wrongful Eviction Actions

A Phoenix real estate attorney has been put on probation for filing wrongful eviction actions against renters who were protected at the time by the national CARES Act, according to the Arizona Republic.

The Attorney Discipline Probable Cause Committee of the Supreme Court of Arizona said attorney Scott M. Clark “didn’t “take steps necessary to identify numerous client properties covered by the CARES Act” and filed “numerous eviction actions in violation of the CARES Act,” according to the newspaper.

The Arizona Republic did an investigation in 2020 into 900 potential wrongful evictions which were filed against Maricopa County tenants who likely should have been protected by the federal CARES Act, which expired in July.

The federal CARES Act prohibited eviction actions against those who could pay rent if the property had a federally backed mortgage or if the rent was federally subsidized.

The newspaper reported that the court’s disciplinary action follows a recommendation of the State Bar of Arizona, which investigated complaints involving about 500 Maricopa County eviction cases. Clark admitted 128 of those cases violated the federal eviction protection law.

Clark is on probation for one year but can continue to practice.

Clark said in a written statement to newspaper that “some unintentional errors occurred” with eviction filings during the CARES Act.

“Once we became aware of them (the errors), we undertook an extensive self-audit,” he said. “This process, together with our interaction with the State Bar, has led to substantive improvements in our processes and procedures, and we continue to be proactive in seeking out and implementing additional improvements,” Scott said.

According to the Arizona Republic, Corinne Cooper, a Tucson landlord, tenant advocate and former law professor, filed the complaint against Clark for the Pima County evictions with the Arizona Bar Association in June 2020. Her complaint included documents showing the attorney filed multiple evictions for missed rent payments on properties covered by the CARES Act.

Cooper, a retired University of Missouri law professor, worked with University of Arizona law student Stephen Bagger to look at the CARES cases. Cooper said while Gov. Doug Ducey’s moratorium allowed eviction judgments to be rendered, the federal act prohibited even filing an eviction, according to Tucson.com.

Cooper and Bagger’s research, which they provided to the Arizona Daily Star, shows that there were 941 eviction cases heard between June 1 and July 2. Of those, 198 were on CARES Act-covered properties and about 108 appear to be problematic, she said.

While the court entered the eviction judgments, none were carried out, said Kristen Randall, presiding constable in Pima County. Randall said her office did not enforce eviction orders because, she said, doing so would violate the CARES Act. However, she said some residents not familiar with their rights moved once they realized an eviction had been requested, according to Tucson.com.

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Justice, CFPB Warn Landlords On Military Tenant Protections

Apartment Associations File Suit Over LA County Eviction Moratorium Extension

Keeping Your Communications Compliant with Fair Housing

By
By The Editors
-
Keeping Your Communications Compliant with Fair Housing

Answering questions and communicating with prospects and residents is part of the job. But what we say or write can either be fair housing compliant or leave us open to a fair housing complaint.

By The Fair Housing Institute

Today, communication comes in so many different shapes and sizes. Beyond in-person conversations or telephone calls, we now field emails, social media messages, and website messenger services or chatbots.

Regardless of the forms of communication your company uses, you need to ensure that all staff members have adequate fair-housing training when replying to questions. How an employee answers can cause a prospect to have unrealistic expectations of your community, or worse yet, any contradictions in information can be assumed to be a result of housing discrimination.

Common Questions Received in a Leasing Office

The list of questions below by no means covers all of the questions you will face. However, it does give you an idea of how a query can quickly turn into a fair-housing compliance issue. How would you answer the following questions?

  • Do you have any three-bedroom apartments?
  • What are your screening criteria?
  • What kind of people live in your community?
  • Are there a lot of kids in your community?
  • My friend from church lives here. Are you a Christian community?
  • I have an emotional support animal. Do you have a no-pets policy?
  • Is your community safe?

Let’s review a few different scenarios.

Apartment Availability

One of the most common issues occurs when a prospect calls and is told there are specific units available. But later, upon arriving at the property, they are informed that those units are no longer available. This incident could result in a fair-housing complaint. How can this risk be managed?

Staff members whose responsibility it is to answer these questions must be careful to convey accurate information and explain that the information is valid only for that specific time. For example, simply adding the terms “today” or “currently” along with a brief explanation that availability is constantly changing gives an accurate representation of what is available at the time of the inquiry.

Protected Categories

How would you respond to a question regarding whether there are children in the community? Whether you love kids or not, it would be inappropriate to directly answer this question. Instead, the answer should be that you have a diverse community, and you would love to take the prospect on a tour so they can see for themselves.

 

Another protected category is people with disabilities. How would you handle a question regarding your pet policy and an emotional support animal? While many have opinions on this topic, not all are fair-housing compliant. The simplest way to handle this situation is to clearly state your property’s policy regarding animals followed by, if needed/requested, the fact that a reasonable accommodation for residents with disabilities who have assistance animals can be completed. Keep in mind as well that breed restrictions or size restrictions do not apply to service animals.

Fair Housing Compliance = Training

We have only considered a few scenarios here. But this highlights how communication can be either fair-housing compliant or open you up to a fair-housing complaint. The best way to avoid violating fair-housing laws when communicating with prospects or residents is to train, train, train!

Everyone on your team needs to be aware of how to handle questions, whether they respond personally or need to redirect to a more qualified person. Practice sessions that include role-playing can be beneficial. Also, having response sheets for the more fundamental questions can aid in the continuity of responses. Regular fair housing training is the key to communication compliance.

About the author:

In 2005, The Fair Housing Institute was founded as a company with one goal: to provide educational and entertaining fair-housing compliance training at an affordable price at the click of a button.

Fair Housing and the Supreme Court Ruling for the LGBTQ+ Community

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Emotional Support Animals and the Fair Housing Act

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