This document summarizes key points from a presentation on fair housing laws. It discusses potential issues around topics like declawing pets, genetic testing of dogs, reasonable accommodations for disabilities like multiple chemical sensitivity, assistance animals, senior housing requirements, and car inspections during the applicant screening process. The presentation cautions housing providers to ensure their practices comply with fair housing laws and avoid discriminating against applicants or residents.

1. Fair Housing:
The Odd & The New
featuring
Nadeen Green & Doug Chasick

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4. Polling Question #1
When you hear the words “fair housing”, your
first thought is?
Pleasechoosethe first thought that pops into your mind:
A. Again?
B. Yippee!
C. Wonder what’s new?
D. Wonder what I did wrong?
E Uh oh . . . !

5. Declawing and Debarking?
What about for pets?
• From a legal standpoint, probably OK.
• Except in California:
• SB 1229 became effective January 1, 2013.
• Acommunity cannot require or advertise that
cats be declawed or dogs be debarked
(“devocalized”). Infractions can cost $1000 per
violation (requirement, denial of housing,
advertisement).

6. Declawing and Debarking?
What about for service animals?
• Not a good idea! Don’t go there.
• The veterinary community at large is
against de-barking and de-clawing of
animals.
• Asking a PWD to have such surgery
performed on their service animal (a
procedure they may not be able to afford,
nor locate a veterinarian willing to perform)
could result in a fair housing complaint or
charge.

7. Genetic Testing
Humans
Massachusetts protects a
person’s genetic information.
As other states may follow
suit, don’t swab the inside of
your resident’s mouths.

8. Genetic Testing
Dogs
All persons, including PWDs, can be required to
clean up after their dogs.
FederalRegister,Vol.73,No.208,Monday,October
27,2008,page63836:
“…ahousingprovidermayestablishreasonablerulesin
leaseprovisionsrequiringapersonwithadisabilitytopick
upanddisposeofhisorherassistanceanimal’swaste.”

9. Genetic Testing
“That isn’t my dog’s
poop!”
There are vendors in our industry
that provide a new (and certainly
unique) service. You may swab the
mouth of all dogs at your
community (including service
animals) so that waste can be
analyzed and the offending dog
identified without a doubt.

10. Tomorrow Begins MCS Month!
Multiple Chemical Sensitivity
Last May folks with MCS were planning
to visit apartment communities to ask
about what will be done if someone with
MCS moves in. Whether these folks were
fair housing testers or whether they merely
wanted to inform our industry about MCS,
you need to have an understanding as to
what this is all about.

11. Polling Question #2
Multiple Chemical Sensitivity could be
triggered by which of the following ?
Pleasechoosethe first thought that pops into your mind:
A. Cigarette smoke
B. Latex paint
C. Old Spice cologne
D. Grandma’s homemade pasta sauce
E. All of the above

12. MCS
1992: HUD says MCS can be a disability
under the FHA
MCS has been determined to be a disability in Federal
court cases, state court cases, and by other Federal
agencies.
Court definition: “an acquired disorder characterized by
recurrent symptoms, referable to multiple organ systems,
occurring in response to demonstrable exposure to many
chemically unrelated compounds at doses far below
those established in the general population to cause
harmful effects.”

13. MCS
Nadeen’s definition:“some folks systems can be
severely impacted if they cannot cope with even small
amounts of chemicals that the rest of us manage with just
fine”.
Potential issues:
• what paints you use,
• what extermination or pool chemicals you use,
• what their neighbors may be using to smoke or clean.
Should the issue arise you will have a duty to consider and
possibly REASONABLYACCOMMODATE (which is
determined on a case-by-case basis as to if and what you
may be required to do).

14. MCS
Two More Facts:
1. Ordinary allergies do not rise
to the standard of MCS.
2. May is alsoAsparagus
Month.

15. Polling Question #3
Which of the following might be allowed as an
assistive animal?
Pleasechoosethe first thought that pops into your mind:
A. A ferret prescribed by an aromatherapist
B. A declawed and neutered alligator
C. A defanged rattlesnake
D. A miniature pony
E. A unicorn

16. Emotional Support/ComfortAnimals
ANY animal
assisting a PWD is a
service animal.
• It does not matter what
service the animal
provides!
• All service animals are
equal!A“working
animal” and a “comfort
animal” have the same
status.

17. Emotional Support/ComfortAnimals
AGerman Shepherd and a
Shih Tzu are BOTH REAL
DOGS:
• AGerman Shepherd serving
as a guide dog
• AShih Tzu serving as a
comfort animal
are BOTH REAL SERVICE
ANIMALS.

18. Polling Question #4
Regarding legalized and/or medical
marijuana, I believe:
Pleasechoosethe first thought that pops into your mind:
A. It’s about time this was allowed
B. Reefer Madness was right – just say no!
C. There go all the cookies . . .
D. Well, I think – you know, it’s kinda, like
cool…

19. Are You Really Senior Housing?
Or, What’s Old is NEW Again…
HUD is taking a new interest in Senior
Housing because many are overlooking
its requirements. In addition to the right
demographics and percentages for 55+
and 62+ housing…

20. Are You Really Senior Housing?
You MUST Affirmatively
Elect to be Senior
Housing:
• in corporate records and by-
laws;
• with your city or county
zoning office.
Where does it say officially that
you exist to provide senior
housing?

21. Are You Really Senior Housing?
You MUST Have a Routine Age-
Verification Process
• How and when do you determine the
ages of your leaseholders and other
lawful residents?
• Where are the records showing these
ages?
It does not matter if all of your residents are
100 years of age or older if you did not verify
those ages and currently maintain age
records.

22. Are You Really Senior Housing?
A community did not do it right:
• They were not allowed to exclude families with
children until the affirmative election was made
and the process was in place.
• It is mathematically possible that they will never
have the correct “math” to once again be senior
housing.
• $49K needed to be paid and…
• (OMG – a fate worse than death!) there was
required fair housing training.

23. Car Inspections
Is it true?
Are some of you really
"checking out the cars" of
potential future residents as part
of your screening process?
If so,
Nadeen finds this ODD – and
maybe problematic…

24. Car Inspections
Consistency is not a fair housing
requirement but it sure is a darn good
business policy.
Checking out cars should therefore be the process for all
applicants (each and everyone that brings a car to your
property).
If this is your policy, it needs to be in writing.
Doesn’t the leasing process have enough challenges
without adding car inspections?

25. Car Inspections
If you are creating a written policy for
this…
• Develop very objective criteria for what is an
"acceptable car".
• How "bad" does it have to be to be an issue?
• What if my car battery died overnight and I borrowed
a car to come visit your community?
• What if I rode with a friend who is a slob but not
planning to rent from you?
• Do I have to come back with my car for inspection?

26. Car Inspections
What if the condition of a car
suggests to you the person is a
hoarder?
• That cannot be the reason not to rent to them
(because the application would be denied
because of the hoarding, which is a disability).
• Even "thinking" hoarding opens up the fair
housing door, since "being regarded as having
a disability" is the same under the law as
actually having one.

27. The End