,What are the protected classes that the federal Fair Housing Act and its amendments
recognize? - Answer: • Race
• Color (shade of skin)
• Religion
• National Origin
• Sex (including sexual harassment)
• Familial Status
• Handicap
What are some of the ways a company can comply with fair housing laws? - Answer: Everyone can be
held personally liable for a violation, including, but not limited to, the
individual leasing consultant, assistant manager, maintenance personnel, community
manager or property supervisor, property owner and management company. Ultimately,
the owner is responsible for the acts of his or her agents, and that responsibility is nondelegable.
Liability follows the line of authority within the company. This means that supervisors should
make certain everyone they supervise is trained and complying with fair housing laws.
What is Disparate Impact Discrimination? - Answer: This can occur when a neutral policy or procedure
has a disproportionately negative impact
on a protected class. An act or failure to act that has a disparate impact can still be found to
be non-discriminatory if 1) there is a legitimate business necessity for the action or inaction
and 2) there is no less discriminatory way to accomplish the business necessity.
Who can be held liable for a violation of fair housing law? - Answer: Everyone can be held personally
liable for a violation, including, but not limited to, the
individual leasing consultant, assistant manager, maintenance personnel, community
manager or property supervisor, property owner and management company. Ultimately,
the owner is responsible for the acts of his or her agents, and that responsibility is nondelegable.
Liability follows the line of authority within the company. This means that supervisors should
make certain everyone they supervise is trained and complying with fair housing laws.
, To qualify as senior housing, what requirements must a property meet? - Answer: • The housing must
be planned and managed for people 62 or 55 years of age or older.
• It must make sure that it has policies and procedures in place that demonstrate its
intent to qualify for the exemption.
• These policies and procedures must be distributed and implemented, using the terms
"Senior Housing," "A 55 and older community" or "A 62 and older community" in order
to comply with HOPA requirements.
In federally-assisted multifamily housing programs, what is a tenant-based subsidy? - Answer: • An
example of a direct subsidy would be the Section 8 Voucher program. In tenantbased
subsidies, residents live in privately-owned properties and pay a portion or
percentage of their household income for rent and utilities.
• HUD or its local agent, a public housing authority or state agency enters into a
Housing Assistance Payment Agreement (HAP) with the owner and pays the owner
the difference between what the resident pays and what HUD considers a "fair"
consideration. The tenant qualifies separately for the Voucher with the housing
authority.
Can you give a notice of termination of tenancy to a household with a Section 8
Voucher or a household who lives in federally-subsidized housing without stating
"cause"? - Answer: • Generally, the owner must be able to demonstrate good cause for the
termination
since the resident will lose his housing and/or voucher and in some cases may
become homeless. An owner's ability to terminate such tenancies without cause is
limited by federal law and by the terms of the HUD-required lease addendum.
What three (3) types of reviews does HUD perform to ensure that a property manager
is adhering to the proper operating procedures and business practices? - Answer: • Physical inspections
• Management reviews or on-site visits
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