{"id":547,"date":"2011-08-02T17:26:46","date_gmt":"2011-08-02T21:26:46","guid":{"rendered":"http:\/\/rentpost.com\/blog\/?p=547"},"modified":"2023-05-29T20:17:06","modified_gmt":"2023-05-30T00:17:06","slug":"fair-housing-act-be-careful-watch-what-you-say","status":"publish","type":"post","link":"https:\/\/rentpost.com\/blog\/realestate-news\/fair-housing-act-be-careful-watch-what-you-say\/","title":{"rendered":"Fair Housing Act: Be careful. Watch what you say."},"content":{"rendered":"

\"\"<\/a><\/p>\n

Creating software to meet the demands of Property Managers (\u201cPM\u201d) is a constant challenge, to say the least; to reference the industry\u2019s status quo is an anomaly in itself, as the game, the players, and the rules, are suspended in a state of perpetual motion.\u00a0 My head spins after writing only one sentence about property management\u2019s fast-paced environment.\u00a0 This is exactly the reason I like to share industry news and other tidbits, so that hopefully you can be better informed and focused on growing your business and maximizing profitability.<\/p>\n

Providing housing for every man, woman, and child is the social and humanitarian goal, and thus, a government concern. \u00a0Consider the following:\u00a0[Government involvement = Regulation] and [Regulation = Risk for PM]; thus, according to the Transitive Property of\u2026Property Management\u2026Gov\u2019t involvement equals risk to property managers.\u00a0\u00a0The Fair Housing Act<\/em><\/strong>\u00a0protects the rights of those seeking homes, and it is this same legislation that provides the authority to punish those responsible for wrongdoings in the management of these properties.<\/p>\n

Major setback can be government fines, legal settlements, or fees.\u00a0 No one wants to deal with paying these or the time it takes to fight them.\u00a0 That’s why, when we caught wind of Barry and Barbara Bernsen’s troubles in Chicago with the Fair Housing Act, we wanted to share the story…<\/p>\n

—————————-<\/p>\n

From Recent News<\/a><\/em><\/strong>:<\/p>\n

Landlords, Barry and Barbara Bernsen, of Chicago\u2019s northern sudburbs are accused of housing discrimination and face civil action for allegedly \u201ccatering to college kids\u2026and systematically refus[ing] to rent housing to anyone but Northwestern University (\u201cNWU<\/strong>\u201d) Students.\u201d\u00a0\u00a0\u00a0 Interfaith Housing Center of the Northern Suburbs (\u201cInterfaith\u201d) is a fair-housing organization serving Chicago\u2019s Metropolitan residents, and following one particular constituent\u2019s complaints, Interfaith employed an undercover investigation focused on unearthing violation(s) of the Federal Fair Housing Act<\/a>.<\/p>\n

Interfaith\u2019s investigation consisted of running three \u201ctest prospects\u201d through the Bernsen\u2019s rental housing application process.<\/p>\n

    \n
  1. First,they sent an undercover tester posing as a Northwestern student<\/strong> (\u201cT1<\/sub><\/strong>\u201d); the Bernsen\u2019s offered an apartment \u201cwithout incident,\u201d and Barbara<\/em> was noted as saying the property was \u201cpretty quiet.\u201d<\/li>\n
  2. The second tester (\u201cT2<\/sub><\/strong>\u201d) was presented as the wife<\/em><\/strong> of an incoming Northwestern student<\/em><\/strong>, but she was approached quite differently.\u00a0 Barry[2]<\/a> reportedly told her that \u201cthe building was not suitable for families and that if she had a family she would be unhappy there.\u201d<\/li>\n
  3. The final tester (\u201cT3<\/sub><\/strong>\u201d) posed as T2<\/sub><\/strong>\u2019s husband (<\/em><\/strong>also a student)<\/strong><\/em>, and he got the same response as his \u201cspouse\u201d when he spoke to Barry, \u201c\u2026the building was not suitable for families\u2026[they] would be unhappy there.\u201d<\/li>\n<\/ol>\n
    \n

    \u00a0Housing Act <\/strong>(from the HUD’s website<\/a>)<\/p>\n

    Title VIII of the Civil Rights Act of 1968 (Fair Housing Act), as amended, prohibits discrimination in the sale, rental, and financing of dwellings, and in other housing-related transactions, based on <\/em>race<\/span><\/em><\/strong>, color<\/span>, national origin<\/span>, religion<\/span>, sex,<\/span> familial status<\/span> (including children…) \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0\u00a0 <\/em><\/strong><\/p>\n

    In Addition:\u00a0It is illegal for anyone to: \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0—<\/strong>Threaten, coerce<\/span>, intimidate<\/span> or interfere<\/span> <\/strong>with anyone exercising a fair housing right…<\/em>or<\/em> make any statement<\/span> that indicates a limitation<\/span> or preference<\/span><\/em><\/strong> based on race, color, national origin, religion, sex, familial\u00a0<\/span>status<\/span>,<\/strong> or handicap.<\/em><\/p><\/blockquote>\n

    According to the news article, the issue went before a U.S. District Court, with Interfaith filing a civil suit.\u00a0 The article discusses the legitimacy of Interfaith\u2019s move, noting that U.S. District Judge Sharon Coleman rejected of the Bernsens\u2019 motion to dismiss.\u00a0 Her Honor explained the standard or rule used to decide whether civil action (trial) is warranted in a Fair Housing<\/em><\/strong> case,<\/p>\n

    \u201c\u2026a district court applies the ‘ordinary listener’ standard<\/em><\/strong> when determining whether a statement ‘indicates’ a preference in violation of the Fair Housing Act.”<\/em><\/strong><\/p>\n

    She concluded that Barry’s alleged statements to prospective tenants “may lead an ordinary listener<\/strong> to believe that defendants prefer not to rent apartments to people with families,\u201d thus the standard was met and trial is warranted<\/span><\/strong><\/em>.<\/span>\u00a0 Furthermore, the article went on to mention that “…similar claims have succeeded in the 10th Circuit [appellate court], and Interfaith may have a case, according to the eight-page decision.”<\/p><\/blockquote>\n

    —————————-<\/p>\n

    What does this tell property managers? \u00a0Beware the provisions of<\/strong><\/em>\u00a0 Fair Housing.<\/strong><\/span><\/span>\u00a0 Most managers are aware of the Fair Housing Act, but understanding the nuances will help keep you out of trouble.\u00a0 This legislation was initially created in 1968, alongside Civil Rights legislation (and has evolved and expanded over the next 4 decades), and the language bears strong similarities to Civil Rights laws as well as those enforcing Women’s Rights. \u00a0This certainly is not the first time we’ve seen the terms… \u00a0discrimination<\/strong><\/em> based on “…race<\/em><\/strong>,\u00a0color,national origin,\u00a0religion,\u00a0sex…”<\/em><\/strong> .. familial status…
    \n<\/em><\/strong><\/p>\n

    In all honesty, it’s hard to tell whether or not, from the reports, more was actually said to discourage this family from moving into the community.\u00a0 In all likelihood, more was said and done than reported.\u00a0 However, the point of all of this still stands.\u00a0 This could have been a disgruntled family, they could have been looking for a hand-out, or just wanting to stir up some trouble.\u00a0 Regardless, avoiding these issues with your business is paramount.<\/p>\n

    It’s easy to see the benefits of keeping a community for college students and families separated.\u00a0 That’s why it’s hard to find these managers at serious fault here, at least on the surface. \u00a0So, where do you draw the line?\u00a0 Has anyone else experienced a similar issue?\u00a0 Does anyone have any creative methods for addressing this problem while keeping expectations in line and improving the experience for the tenant?<\/p>\n

     <\/p>\n<\/div>\n

    \n
    \n
    \n

    [1]<\/a> Barbara only spoke to the 1st<\/sup> tester (T1)<\/sub><\/strong>, who was rightfully treated, thus \u201cInterfaith cannot sue Barbara in her<\/em><\/strong> personal capacity.<\/p>\n<\/div>\n

    \n

    [2]<\/a> Barry allegedly made the offending statements to the 2nd<\/sup> and 3rd<\/sup> testers \u00a0(\u00a0T<\/strong>2 <\/strong>\u00a0<\/strong><\/sub>T3<\/sub><\/strong>\u00a0<\/span><\/sub>), who were wrongfully treated, thus he could be held personally liable.<\/p>\n<\/div>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

    \"\"<\/a>Providing housing for every man, woman, and child is the social and humanitarian goal, and thus, a government concern. Consider the following: [Government involvement = Regulation] and [Regulation = Risk for PM]; thus, according to the Transitive Property of\u2026Property Management\u2026Gov\u2019t involvement equals risk to property managers. The Fair Housing Act protects the rights of those seeking homes, and it is this same legislation that provides the authority to punish those responsible for wrongdoings in the management of these properties.<\/p>\n","protected":false},"author":45,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":false,"jetpack_social_options":{"image_generator_settings":{"template":"highway","enabled":false},"version":2}},"categories":[5],"tags":[200,277,751,927],"class_list":["post-547","post","type-post","status-publish","format-standard","hentry","category-realestate-news","tag-davis-mann","tag-fair-housing-act","tag-property-management","tag-rental-property"],"jetpack_publicize_connections":[],"aioseo_notices":[],"jetpack_sharing_enabled":true,"jetpack_featured_media_url":"","jetpack_shortlink":"https:\/\/wp.me\/p4cqZp-8P","_links":{"self":[{"href":"https:\/\/rentpost.com\/blog\/wp-json\/wp\/v2\/posts\/547","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/rentpost.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/rentpost.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/rentpost.com\/blog\/wp-json\/wp\/v2\/users\/45"}],"replies":[{"embeddable":true,"href":"https:\/\/rentpost.com\/blog\/wp-json\/wp\/v2\/comments?post=547"}],"version-history":[{"count":1,"href":"https:\/\/rentpost.com\/blog\/wp-json\/wp\/v2\/posts\/547\/revisions"}],"predecessor-version":[{"id":5269,"href":"https:\/\/rentpost.com\/blog\/wp-json\/wp\/v2\/posts\/547\/revisions\/5269"}],"wp:attachment":[{"href":"https:\/\/rentpost.com\/blog\/wp-json\/wp\/v2\/media?parent=547"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/rentpost.com\/blog\/wp-json\/wp\/v2\/categories?post=547"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/rentpost.com\/blog\/wp-json\/wp\/v2\/tags?post=547"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}