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AppFolio / Grace Hill Fair Housing Webinar Featuring Nadeen Green
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AppFolio / Grace Hill Fair Housing Webinar Featuring Nadeen Green

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This presentation (by Nadeen Green, Senior Counsel with For Rent Media Solutions) provides important information on the emerging fair housing issues you need to know for 2012. …

This presentation (by Nadeen Green, Senior Counsel with For Rent Media Solutions) provides important information on the emerging fair housing issues you need to know for 2012.

-- Why you may have to accept residents with Section 8 vouchers.
-- Why you may not be able to do criminal background checks.
-- When you may have to let your residents change the locks on their doors.
-- And many more..."Gee, I didn't know that" tidbits

This complimentary webinar was hosted in April 2012 by Grace Hill and AppFolio.

Published in: Real Estate

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  • Introduce the webinar and discuss the major trends we are going to talk about. (AIMEE)
  • Transcript

    • 1. Fair HousingWhat’s New on the Scene?Nadeen Green, Senior Counsel For Rent Media Solutions™
    • 2. AppFolio • Web-based property management software • Complete Solution Includes • Property Mgmt & Accounting • Online rent collection (free) • Prospect / Guest Card Tracking • Marketing • Website • Payment processing • Online applications • Resident Screening So You Run a More Successful Business ©2012 AppFolio, Inc. All Rights Reserved.
    • 3. Grace Hill• Leading Education Provider• Apartment-Industry Specific Training• Vision Learning Management System (LMS)• Custom Course Development• www.gracehilllearning.com
    • 4. Nadeen is not your attorney… …so today’s presentation is educational and informative, but it is not legal advice. ©2012 AppFolio, Inc. All Rights Reserved.
    • 5. LGBT AmericansLGBT refers to thecommunity of those who are:• Lesbian• Gay• Bisexual• Transgendered ©2012 AppFolio, Inc. All Rights Reserved.
    • 6. LGBT AmericansHUD’s new Equal Access to Housing Rules apply tohousing that is financed or insured by HUD:4. such housing must be made available without regard toactual, perceived sexual orientation, gender identity,or marital status2. owners and operators cannot inquire aboutsexual orientation or gender identitynor deny housing on that basis and… ©2012 AppFolio, Inc. All Rights Reserved.
    • 7. LGBT Americans 3. “family” includes LGBT individuals and couples as eligible for HUD’s public housing and voucher programs 4. sexual orientation and gender identification cannot be considered in FHA-insured mortgages excerpted from January 2012 article by Shaun Donovan, HUD Secretary ©2012 AppFolio, Inc. All Rights Reserved.
    • 8. LGBT AmericansWhile this Rule applies only inthe HUD sector, it could likelyin the future become requiredforconventional properties.So what?LGBT should be a non-issuefor you, as it is not part of the3 step analysis of whatmakes a good resident. ©2012 AppFolio, Inc. All Rights Reserved.
    • 9. What makes a good resident?2. Is the person’s income appropriate for the housing?2. Will the person be able to take care of the apartment?3. Will the person be able to abide by your community rules? How easy is that? ©2012 AppFolio, Inc. All Rights Reserved.
    • 10. Side Bar! • Is the person’s income appropriate for the housing? • Will the person be able to take care of the apartment? • Will the person be able to abide by your community rules? Remember that Persons with Disabilities (PWDs) do not have to take care of the apartment or comply with your rules themselves. They can arrange for this to be accomplished through others. Watch out for “independent living” requirements. ©2012 AppFolio, Inc. All Rights Reserved.
    • 11. Domestic ViolenceThis has become an issuebecause statisticallymore women than men arevictims of domestic abuse.When such victims are evictedor their leases not renewed,there is a gender bias(and gender is a fair housingprotected class). ©2012 AppFolio, Inc. All Rights Reserved.
    • 12. Domestic Violence Check your State laws for any Domestic Violence legislation; you may have to: • allow residents to change locks • allow residents to terminate the lease • allow residents to remain despite a domestic violence incident that would otherwise be a lease violation ©2012 AppFolio, Inc. All Rights Reserved.
    • 13. Domestic ViolencePonder the words of Kary Moss, executivedirector of the Michigan ACLU (which filedsuit against a Detroit landlord for evicting awoman whose ex-boyfriend trashed herapartment while she was not home becausethis was a failure to “properly superviseguests”):“All too often women are victimizedtwice – first by an abuser and againby a landlord.” ©2012 AppFolio, Inc. All Rights Reserved.
    • 14. And now… …time for a polling question! ©2012 AppFolio, Inc. All Rights Reserved.
    • 15. Service AnimalsDespite the ADA decision in 2011, under the FHA it’snot “just guide dogs”:1. Dogs assist their humans as to issues related to diabetes (sensing bloodsugar levels) and FAS – fetal alcoholsyndrome (calming effect on child).2. Miniature horses guide the blind. And…
    • 16. Service Animals 3. Iguanas can assist with depression. 4. Monkeys assist those with physical challenges. But the good news is that residents pick up the waste! Federal Register, Vol. 73, No.208, Monday, October 27, 2008, page 63836. ©2012 AppFolio, Inc. All Rights Reserved.
    • 17. Criminal BackgroundYou may be precluded fromperforming criminal backgroundchecks under the theory ofdisparate impact.What is disparate impact? ©2012 AppFolio, Inc. All Rights Reserved.
    • 18. Disparate ImpactThe adverse effect of a practice or standard that isneutral and non-discriminatory in its intention, but,nonetheless, disproportionately affects individualswho belong to a particular group that isprotected under the law. “pseudofolliculitis barbae” ©2012 AppFolio, Inc. All Rights Reserved.
    • 19. Could this mean…...you must take Section 8 residents?…no more income standards? ©2012 AppFolio, Inc. All Rights Reserved.
    • 20. Email name profiling• Respond to emailsor online guest cards promptly• Consider the risksin “personalizing”responses ©2012 AppFolio, Inc. All Rights Reserved.
    • 21. Email name profiling“Landlords favor whites by respondingquicker, writing e-mails that are longer,and using more positive language…landlords choose to discriminate byencouraging white tenants through positivelanguage instead of discouraging AfricanAmerican tenants through negativelanguage.”Andrew Hanson, Zackary Hawley, Aryn TaylorSubtle Discrimination in the Rental Housing Market:Evidence from E-mail Correspondence with Landlords (2011) ©2012 AppFolio, Inc. All Rights Reserved.
    • 22. Social MediaSocial Media Marketing = Advertising = Fair Housing Considerations ©2012 AppFolio, Inc. All Rights Reserved.
    • 23. Social Media What do You see about Me ? What do I see about YOU ? ©2012 AppFolio, Inc. All Rights Reserved.
    • 24. And now… …another polling question! ©2012 AppFolio, Inc. All Rights Reserved.
    • 25. Side Bar• Don’t post anyone’s photo anywhere without a model release.2. Keep your Model Releases FOREVER (and ever)!3. Remember that employees at your community need to sign a Model Release if you are ever going to show them (or have their voices) in any of your advertising, SM or otherwise. ©2012 AppFolio, Inc. All Rights Reserved.
    • 26. And now… …our last polling question! ©2012 AppFolio, Inc. All Rights Reserved.
    • 27. HoardingHoarding may or may notbe a fair housing issue,but an issue it certainly is.Risk management wouldsuggest that you attemptreasonable accommodationas you would for a PWD. ©2012 AppFolio, Inc. All Rights Reserved.
    • 28. Hoarding1. Being able to see their “belongings” may make hoarders more willing to put their things “away.” Remove cupboard doors.5. Give specifics when communicating:  “Nothing may block windows or electrical outlets”  “All food items must be in containers to avoid attracting pests”Thank you Craig McMahon with Kimball, Tirey and St. John. ©2012 AppFolio, Inc. All Rights Reserved.
    • 29. Now it’s time to say good-bye One of Nadeen’s favorite quotations: “The legal system can force open doors and sometimes even knock down walls, but it cannot build bridges. That job belongs to you and me.” Justice Thurgood Marshall, United States Supreme Court ©2012 AppFolio, Inc. All Rights Reserved.

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