This community does not discriminate: Navigating and complying with fair housing rules

This community does not discriminate on the basis of race, color, religion, sexual orientation, national origin, gender, disability, or familial status.

We’ve heard the disclaimer, or some variation of it so often it’s become one of those phrases we can recite but rarely think about.  When we buy a car, get a loan, or apply for a job, we’re repeatedly assured that business A and lender B do not engage in discrimination.  Yet, in the 40 years since the Fair Housing Act gave us the most comprehensive set of rules on what is and isn’t housing discrimination, instances of discrimination certainly haven’t disappeared.

In fact, the U.S. Department of Housing and Urban Development (HUD) estimates that nearly 2 million housing discrimination acts occur each year and a mere one percent are reported.  While it’s impossible to know the true numbers, the disparity in discriminatory acts vs. reports is no doubt due in part to the sheer volume of rules and the scope of the definition.  These issues can be confusing for landlords and tenants alike, and without careful thought and employee training, fair housing violations can crop up in seemingly innocuous actions and/or conversations.  That is to say, discrimination delivered with no intent to offend or violate the law is still discrimination.

Fair housing laws can sometimes be thought of as protections only for vulnerable groups.  You may even hear the term “protected classes” on occasion.  Yet, in all actuality, fair housing laws are designed to give all individuals equal access to housing in whatever neighborhood they wish to live in, without regard to superficial identifiers like race and gender.  Though dealing with the minutiae of fair housing may force more careful speech and business dealings, it’s an idea meant to protect us all.

Ready to test your knowledge on fair housing?  Instead of reading about the next discrimination lawsuit, take our test to get your mind moving and make sure tomorrow’s headline isn’t about you.

Q: While walking your property with a young Caucasian family with two school aged children, you casually mention that the schools in the area are fairly “rough”, but that there are several nice private schools just a few minutes away.  Is this discriminatory?

A: It could be, yes.  Giving a prospective tenant a good or bad review of the local school district based on the tenant’s race and/or the racial profile of the school can be considered racial discrimination (obviously our example would be more blatant if you were to fail to mention the private schools to an African American family on the same tour).  Instead of editorializing on the subject, offer neutral, factual statistics on the district’s test scores, teacher student ratio, or percentage of students seeking higher education.  Better yet, refer them directly to a contact at the district or school the child(ren) would be attending.

Q: During a particularly busy Monday, you’re feeling rushed and need to get through a tour.  You are showing an apartment to a wheelchair-bound young man who likes the handicapped-friendly features (ramps, elevators, etc) your property offers.  In a pinch, you decide to skip the tennis courts, swimming pool, and gym even though they are typically the amenities that seal the deal.  He’s not going to use them anyway, right?  Is this discriminatory?

A: Yes.  Often referred to as “steering”, this is essentially the practice of directing a prospect to a specific area, unit, section of your property for purposes–intentionally offensive or not–of segregation.  Never make conversation out of conjecture when talking with a prospective tenant, such as suggesting that a senior resident may want to live in the unit farthest away from the one with a two year old living in it.  Instead, make all tours equal and keep the focus of conversation not on your other tenants, but on the great housing you have to offer.

Q: The sign near your pool reads:  “No Children Under 5″  Is this discriminatory?

A: It can be, yes.  We see where you’re going with this.  The swimming pool is one monster of a liability, and the last thing you need is a band of unsupervised toddlers taking it over.  However, a discrimination lawsuit can be just as bad, and discriminating against families with children is an issue that comes up fairly frequently in courts.  Change your sign, but not the meaning, by having it state, “No children under 5 are to use the pool without adult supervision”.

Q: After months of non-payment, tenant complaints, police visits, and at least one serious incident involving property damage, you feel as though you have no choice but to serve a Hispanic family living in your property with an eviction notice.  You initiate the process, they vacate willingly, and you are able to repair and rent the property again in two months.  Your new tenants are an older Caucasian couple.  Is this discriminatory?

A: No.  A fair and legitimate eviction means that you have a valid, serious violation in your lease agreement and you’ve taken the same steps with other tenants in the past for the same behaviors.  As with all things property management, consistency and documentation will help protect you from legal action.  To document a fair and proper eviction and avoid cries of housing discrimination, always keep the following: warning letters/eviction notices, any written complaints by third parties, written logs kept by management with times/dates of violations,  police records, and photographs.

For more information on the Fair Housing Act and HUD guidelines, visit their website.  Please note as well that many states have laws that mirror the federal rules, and some that go beyond them.  Be sure to check with your state on what you need to know to be sure that your property does indeed not discriminate.

Filed under: General Information, Green Building, Links, Mission Statement, Property Maintenance, Property Management Topics, Real Estate Investment, affordable housing, collection, customer satisfaction, customer service, eviction, fair housing, insurance, investment, Landabout, Landlord, lease, lease law, Property, Property Management, real estate management, reduced vacancy, tenant relationships, tenant turnover, wealth creation

Successfully taking the “zombie” out of property management

As a property manager, you’ve probably seen everything. In a world with deity-laced grilled cheese sandwiches and television shows about women who turn their uteruses into clown cars, protecting oneself and one’s property from the ever rising tide of crazy is no longer as straightforward as it used to be. It could even be said that the statement, “When hell is full, the Undead will walk the Earth” has never been more real. While we don’t have access to the data, chances are good that things are close to capacity downstairs. Therefore, it’s best to prepare, do your research, and be willing to pound some zombie cranium if duty calls.

Surviving a zombie attack begins with recognition. Knowing your enemy is the first step, and, fortunately for us humans, zombies aren’t practiced in camouflage. A zombie will display a set of very distinct characteristics, but what separates the victims from the survivors is the ability to know them at a glance and take serious, immediate action. Because zombies can be mistaken fairly easily for your garden variety vagrant or drunk, pay particular attention to a subject’s keen, unnatural interest in brains and his or her indifference to the odor and unsightly nature of decomposing flesh. A zombie is also far less personable than a drunk, and will lack even the most basic communication skills.

Immediately following confirmation of an attack, know that you will not have a great deal of time to collect yourself. This is why preparation is so imperative, but more on that later. As a human, you possess a number of skills that will play to your advantage. The first is your brain (ironically the one bit of you your enemy craves). Learn to recognize the weapon in everyday objects, and look for creative barricading solutions. By choosing to stay with your property and defend it, you are accepting a challenge, but not an insurmountable one. Please note that you should never use a basement as a bunker, or any area that has an entrance but no exit. If you are forced to flee, choose a path with a low zombie density, arm yourself, and move quickly. Their erratic form of locomotion makes most zombies slow, and outrunning them shouldn’t be a concern. Keep your eyes open, and know your route before you go.

The first step in defense is reinforcing all windows and doors and collecting your survival materials. Because there are a number of tasks to manage in a very short time, you should take on this project with as many uninfected buddies as possible. Remember that reanimation can take up to 24 hours, so make it clear to all of those on your team that anyone presenting with zombie symptoms will be taken out immediately, no questions asked. Members of your group will learn very quickly that a zombie attack allows for none of the following: emotion, nostalgia, or jokes.

To lock down your building, preparing in advance is the key. For property managers, we recommend filling a storage unit on premises with zombie attack essentials. Note: Unless prospective tenants ask about zombie readiness, it is best to omit this information during tours and showings. A complete zombie preparedness kit should include:

• A dozen or more rechargeable chainsaws. Keep an eye out for sales and ask about buying in bulk. While guns and other firearms are effective when aimed correctly, it is difficult to keep the amount of ammunition on hand required to withstand a long-term attack, and you’ll likely find yourself in the midst of the paperwork hassle of an FBI watchlist.
• Stackable 5 gallon buckets for water collection. Gathering as much tap water as possible as quickly as possible should be a priority. Assume that all municipal utilities and systems will be lost almost immediately. Also on this note, prepare to shed any ideas you maintain about modesty and toilet use.
• A collection of coats, pants and other clothing made of a sturdy material such as leather, as well as a number of cycling and other helmets. Designs should offer cover to more vulnerable parts of the body like the neck and arms, and most importantly, your head. These items have the added advantage of being easily explained away to the suspicious, as you have simply been saving them to donate to a disadvantaged motorcylists’ club.
• Foodstuffs that will not break down over a term of days, months, or even years, and (for the most severe attacks) seeds and soil for indoor gardening. Foods with long term staying power include Twinkies and Ding Dongs, or essentially anything with a name that sounds more like an insult than a snack.
• A supply of random, innocuous garden tools, crowbars, and combustible cleaning products to use as a backup weapon supply. These items will chop and burn things nicely and run solely on human power, a plus if or when your supplies run scarce.

In terms of additional preparation, take note of any tenants and neighbors who may exhibit a predilection toward zombie safety and awareness. These people may ask you about extra storage space for the 1,000 freeze dried military rations they purchased on eBay (just in case) or openly talk about helping a “friend” build a bomb shelter just before Y2K. These are the people who will be your trusted allies and partners in a zombie attack, so it’s wise to stay close.

Finally, some basics for surviving an attack that every property manager should know:

• Location, location, location. Think carefully before investing in a property located near a cemetery or morgue. Because zombies will initially emerge from these areas, you’ve just purchased a little bit of zombie ground zero.
• Make good use of outdoor mats and rugs. Not only will they reduce slippage and accidents for your tenants, they make for easy cleanup in the event of a brief zombie attack. Rinse and resume.
• Practice cracking soft, slow, round things open. As everyone knows, the only way to permanently un-animate a zombie is to destroy its brain. This process will get easier over time, and rest assured the zombie you’re disposing of won’t feel a thing. Basic decapitation, while cool and satisfying, leaves you exposed to risk that the separated parts of the zombie will still function. If you opt to use this technique by accident or for sport, be sure to finish the job immediately. Zombies are as persistent as they are unattractive, and will pursue their pleasures even in the midst of serious injury.
• In the end, zombie management is an every man for himself game. Choose your partners wisely and stay together for as long as possible, but always be ready to destroy some rotten brain—even if that rotten brain used to be the tenant who was always a month ahead on his rent and offered to help with the landscaping.

Reprinted from the Landabout Blog, 2009. Happy Halloween!

Filed under: General Information, Green Building, Landabout Features, Links, Mission Statement, Property Maintenance, Property Management Topics, Ramblings, Real Estate Investment, Urban Renewal, affordable housing, foreclosure, investment, Landabout, Landlord, lease, lease law, multi-family, multi-family safety, news, Property Management, Saas, security deposit, tenant pet policies, tenant relationships, tenant turnover, unified communications, Urban Renewal, walkability, wealth creation

Good reads: This week in property management

Have we exhaled yet?  Nope, it appears potential buyers still renting.

Go Pack Go…rent your game day digs now.

Two words you just don’t hear together that often: vacant and Manhattan.

The ongoing saga of the landlord and the weed takes to the streets.

That’s a whole lotta lead!  Landlord takes EPA fine of $83K for violations. If that doesn’t make you spit out your coffee, try $164K in asbestos.

From NY, shocking vandalism indeed: Swastikas!?

Landlord shares the rap on pitbull cruelty charge.  Nevermind, here’s a truly horrifying tenant pet story.

Meaningful discussion comes from “garbage properties” accusation hurled in Dubuque, IA.

Filed under: General Information, Green Building, Landabout Features, Links, Mission Statement, Property Maintenance, Property Management Topics, Ramblings, Real Estate Investment, Urban Renewal, affordable housing, customer service, foreclosure, home staging, investment, Landabout, Landlord, lease, lease law, multi-family, Property, Property Management, real estate management, reduced vacancy, rental, tenant pet policies, tenant turnover, Urban Renewal

Happiness & The Art of Effective Property Management

Effective property management isn’t an easy endeavor.  A property manager must juggle tasks as diverse as maintenance, scheduling, employee management, marketing, accounting, and risk analysis–all while delivering happiness.

Delivering Happiness? Absolutely.  The tenants should be happy, the owner should be happy, employees should be happy, and the managers themselves should feel the happiness of a job well done.  In this business, happiness equals success.

The secret to this happiness is control over every aspect of the organization.  In fact, we could call the basic obstacle to success a lack of such control.

An average property manager may have several tools that he or she finds indispensable… including accounting software, contact management software, scheduling software, and perhaps even a web site.  There are even some platforms that attempt to consolidate some of these functions into one application.  These solutions tend to be “60%” solutions, doing 60% of what a business needs. To acquire the remaining 40% of functionality you’re looking for, you may find yourself investing too much in product after product, or even relying on dated, tedious systems to compensate for your software’s shortcomings. Being halfway happy is fine, but trying to piece together the rest of your needs can be expensive and frustrating.

The alternative might be a package that does everything your business needs, and a whole of stuff you don’t need it to do. Paying for functionality that goes to waste while your business grows is costly and hazardous, and presents yet another detour on the road to happiness. In fact, purchasing too much software is akin to driving a car too big for the road. Chances are, it uses a lot of resources and may cause an accident or two.

Ideally, what the modern property manager needs is the technology to cover all aspects of their management business in a platform that allows them to pick and choose what they need.  Such an application would allow managers to use and pay for only the functions they need while enjoying a program that easily expands or contracts according to the needs of each individual business. Eliminating waste and streamlining processes makes good business sense, a phenomenon known to make more than a few people prosperous and happy.

Stay tuned for more information about Landabout…  custom control for happy property managers.

Filed under: Mission Statement, Property Management Topics, Landlord, Property, Property Management, real estate management, Saas, Software