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FAIR HOUSING IN WASHINGTON STATE
Top 100 Frequently Asked Questions & Answers for Property Owners and Managers

CHAPTER THREE — TENANT RULES & REGULATIONS


You can facilitate a neighborly environment among tenants and for yourself by establishing some basic rules of conduct and then applying those rules equally to all tenants.


Question 30. What are some things we should know about setting policies and rules at our complex from a fair housing perspective?

Fair housing laws requires that your policies and rules do not single out tenants based on their protected class and that you do not enforce rules differently based on a tenant's protected class. To minimize the risk of violating the fair housing laws, review your policies for protected class language. For example, a policy that states, "children are not to run in the hallways" should be rewritten to prohibit noise and/or safety problems caused by tenants and guests of any age.


Question 31. When is it okay to warn tenants who violate the rules without risking a fair housing complaint?

Although fair housing laws can seem overwhelming or confusing at times, they do not prevent you from warning tenants who break the rules, disturb others, create a nuisance, or do not pay rent. The fair housing laws simply require that you do not let a tenant's protected class enter into the equation. Again, to ensure that you are applying the rules fairly and complying with fair housing laws, be consistent and keep thorough written records.


Question 32. I am a good friend of a tenant who lives at the complex I manage. I usually put her repair requests ahead of other tenants' requests. Will that get me into trouble?

Through the course of managing a property, there may be tenants that you like more than others, but treating them more favorably may give rise to allegations of different treatment based on a person's protected class. Many fair housing complaints allege such different treatment. For example, a tenant might claim his rent increased by $20 per month while other tenants had no increase; or a tenant got a notice to vacate after paying rent late twice while a neighboring tenant who did the same received no notice. When tenants observe different treatment between themselves and others who are not their protected class, they may suspect their protected class is the reason.

During the course of a fair housing investigation, investigators will look at whether the housing provider applied the policies and rules fairly to every tenant, regardless of their protected class. If you give your friend's repair request priority, you may need to prove that your decision was not based on any tenant's protected class. If you treat anyone more favorably, this practice may make you more vulnerable to accusations of discrimination.

It's best to have clear rules and policies in place. Ask yourself if you are applying rulesa nd policies similarly to all of your tenants—the answer should be yes! It's good business practice and wise from a fair housing perspective to keep thorough written records. These steps can assist you in avoiding fair housing complaints and will also greatly assist in expediting an investigation if a complaint is filed.


Question 33. What are some examples of evictions that could violate fair housing laws?

Evictions comprise a major portion of the fair housing complaints that are filed. The eviction process is a costly part of doing business, so be sure not to make it more costly by evicting for discriminatory reasons. When a tenant breaks rules that call for an eviction, know how to evict lawfully and be sure to follow eviction laws consistently and fairly. Your eviction will comply with fair housing laws if the tenant's protected class is not a factor in the decision to evict—even if it is only one of several legitimate reasons for an eviction.

Here are some examples of situations that have resulted in discrimination complaints (some of these situations are not covered in all jurisdictions):
  • a single woman is told that her partner is approved to move in with her, then is evicted when management learns that her partner is of a different nationality or race than the tenant
  • an unmarried couple who does not intend to get married is asked to vacate when new management takes over a complex
  • a married couple who lives in a one bedroom apartment is asked to vacate after management learns that the wife is pregnant
  • tenants who have invited guests of a particular racial, ethnic or religious group for dinner or an afternoon at the pool are asked to vacate
  • tenants who associate with people of a particular sexual orientation are asked to vacate

Question 34. When is it okay to evict tenants without violating fair housing laws?

As long as you are not considering the tenant's protected class (such as race, sex, national origin, etc.), it is okay to evict a tenant for valid, non-discriminatory reasons such as:
  • Breaking the rules after being warned
  • Being a clear nuisance to others
  • Repeatedly being late with rent
  • Refusing to pay rent
  • Damaging the rental property
  • Breaking public laws
Again, be consistent and keep thorough written records.


Question 35. Can I offer senior discounts to those who always pay their rent on time and follow the rules?

The federal and state fair housing laws do not prohibit such discounts as long as the discount policy is based solely on age, available to families with children, and is not otherwise operated in a manner that results in the exclusion of families with children.

However, under the Seattle, Tacoma, and King County Fair Housing Ordinances, age discrimination is illegal, including the offer of lower rent to a preferred age group.

If your intent is to offer discounts to increase the number of good tenants (those who pay rent on time, are quiet, obey the rules, etc.), for example, you could offer rebates or discounts to tenants who incur no rule violations within a one year period of time.


Question 36. Okay, we've heard "be consistent" over and over, but is there any time we can make an exception to the rules without risking an allegation of discrimination?

If you need to make exceptions when implementing the rules, make sure you document those exceptions carefully. For example, if you decide not to charge a late fee for a tenant who has consistently paid rent over three years, you might add a new rule that you will waive the first late fee if someone has been on time with rent for the previous x-number of months.

Another example came up recently at a fair housing agency. An applicant had a bankruptcy on his record that was only four years old and the screening rules did not allow tenants with bankruptcies less than five years old. He was from India and in the country for a year on a work assignment. He offered to pay a full year's rent in advance. When the apartment manager denied his offer, stating that she could not be inconsistent in applying the rules, he filed a complaint based on national origin. If someone offers to pay a whole year's worth of rent in advance, you may want to make an exception to your rules and establish a new rule for any future applicants who are able to overcome a bankruptcy like this. Bottom line—analyze situations on a case-by-case basis when you make exceptions to a rule, don't make exceptions based on someone's protected class and make sure you document the reasons for the exceptions thoroughly.


Question 37. What records should I keep to document my actions as a manager?

To protect yourself, keep all written records concerning:
  • payment records
  • complaints from other tenants
  • warnings issued (if you give someone a verbal warning, write a brief note reflecting what you said, the date and their response, and put it in the tenant's file)
  • information leading to an eviction.
In the event a discrimination complaint is filed, an investigator will review these records to determine if a tenant of one protected class was treated less favorably than one of a different protected class. For example, a complaining tenant said he was evicted because of race, but the landlord said it was due to his habitual late payments. Investigation showed that the landlord kept outstanding records of everything. Whenever the tenant wrote the landlord saying he would be late with rent, the landlord saved it and followed up with a letter to the tenant. A review of the other tenant files showed similarly consistent record keeping and actions regardless of the tenant's protected class and the case was closed with a no reasonable cause finding.

In some circumstances, you may want to keep a daily or weekly log. For example, in a case involving multiple allegations of race discrimination from several families, the manager kept a detailed, daily log of her interactions and responses to the tenants' complaints and altercations. This log was very helpful in the investigation and also assisted management in recalling what actions were taken. Remember that a tenant has six months to a year in which to file a complaint, depending on the jurisdiction (and longer to file a lawsuit). So, keeping good records and logs when the incidents take place will help you respond to allegations of discrimination and will greatly assist in an investigation. You should also keep all applications, tenant files and prior policies on file for a reasonable period of time to be able to respond to any fair housing complaints or lawsuits.


Question 38. Are there any special fair housing issues we should be aware of or tips to assist our maintenance staff?

Maintenance employees are very visible and frequently interact with residents. When maintenance employees treat residents fairly and professionally, it goes a long way toward preventing fair housing complaints. Housing providers are responsible for the actions of all employees including maintenance staff, so it is very important to train your maintenance employees on all fair housing issues.

A common complaint that fair housing enforcement agencies receive is that members of one protected class get their maintenance requests handled more quickly than members of another protected class. To avoid this type of allegation, consider establishing a clear maintenance response policy and document your requests for repairs. For example, you might have a simple form where you can record when you received a maintenance request, when you responded and any explanation about why a response took longer than usual. A good way to avoid potential fair housing complaints is to let a tenant know why a maintenance request is taking a long time (you had to order a part, a new appliance was needed, etc.).


FAIR HOUSING IN WASHINGTON STATE

If you have questions about fair housing laws and enforcement, contact the King County Office of Civil Rights at 206-296-7592 or 206-296-7596 TTY.

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Updated: Dec. 28, 2004

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