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| WA State FAIR HOUSING UPDATE: January 2005 |
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Mark and Kim Wilson and their son and daughter are interested in renting an apartment with two large bedrooms. Property manager Chiles tells them they can only rent a three bedroom unit, because their children must have separate bedrooms. Is this discriminatory? Fair housing laws prohibit housing providers from requiring children of opposite sexes to have separate bedrooms. Mr. Chiles should allow the Wilsons to rent the two bedroom unit. In addition, the number of occupants in a unit may not be unreasonably limited so that families with children are discriminated against. In some cases, it might be unreasonable to establish a limit of two people per bedroom. If a complaint is filed, fair housing agencies will assess the reasonableness of the occupancy standard based on the number and size of the bedrooms and the overall size of the unit. It is advisable for housing providers to be familiar with their local building codes, which often permit two occupants per 70 square foot bedroom and three occupants per 120 square foot bedroom. Owner Jay Barnes checks on the rental history for all prospective tenants. He discovers that applicant Maurice Jefferson has a history of disturbing neighbors and owns two inoperable vehicles that he wants to store at the complex. Barnes decides not to rent to Jefferson. Does this violate fair housing laws? Checking on the rental history of his applicants is a smart thing for Barnes to do, because the information gathered from former housing providers is often useful. In this situation, the former landlord tells Barnes that Jefferson was a problem tenant who engaged in undesirable behaviors. Barnes isn't taking Jefferson's protected class into account. Instead, he's basing his decision on this applicant's documented history of poor tenancy. This is a reasonable basis on which to deny Jefferson rental. The written rules for the Gray Tower Apts state "children are not to leave toys on the stairs and may not run in the hallways" and "children are not allowed to play in the courtyard after 7:00 pm." Does this violate fair housing laws? Rules that apply only to children are not permitted under fair housing laws. Housing providers must make sure their policies are applicable to all residents. For example, tenants are responsible for items from their units, which should not be left in common areas or where they might create a hazard to other residents. It would be discriminatory to single out only "children's toys" as not being allowed in common areas. Curfews or restrictions on the hours children may be outside their units are not allowed under fair housing laws. Policies outlining quiet hours and limiting noise should be contained in the rules and regulations and must be applicable to all residents. Civil rights agencies welcome calls from housing providers with questions regarding tenant rules language. The West Sound Apts have a smoke-free rule. A tenant complains that the neighbors below him smoke on their balcony and that the smoke enters his apartment. When manager Carl tells the neighbors that they must honor the no-smoking rule, they accuse him of discrimination. Are they right? Being a smoker is not a protected class under fair housing laws. It is not discriminatory for Carl to enforce the no-smoking policy. Jack has people of various races on his maintenance staff. A resident in the complex who requested some repair work has asked Jack not to send a black employee to do repairs. What should Jack do? If Jack were to honor the resident's request, he would be engaging in employment discrimination against his African American employees by limiting their work responsibilities because of their race. The federal and local civil rights laws prohibit this type of action. Jack should tell the resident that work orders are completed by the maintenance person most capable of doing the job and is first available, and that the employee's race is not a factor in his decision. Jack should process the repair request normally, having it completed by whichever employee would normally handle it. If that employee is an African American and the resident refuses the employee entry, Jack should be sure to document the situation fully. Tenant Beckwith tells the manager that another tenant has been calling his family racially derogatory names. The manager tells Beckwith to handle it themselves because it is a private dispute. Did the manager do the right thing? When any tenant complains about harassment by another tenant, housing providers should not ignore the situation as a "private" dispute to be handled by the tenants. Some tenant disputes may be discriminatory, including those that are motivated by a tenant's race, creed, color, sex, national origin, familial status, marital status, and disability (and other protected classes such as sexual orientation if the property is located in Seattle or unincorporated King County). The manager should definitely check out Beckwith's harassment complaint. The fair housing laws make it unlawful to coerce, intimidate, threaten, or interfere with any person's rights. If a housing provider knows (or should know) of an intimidating or threatening situation that violates the fair housing laws and does nothing to stop the harassing behavior, the provider might be found in violation of the laws. Failure to investigate, to attempt resolution, or to take action to stop harassing behavior may leave a housing provider (and also the harassing resident) open to a fair housing complaint. The housing provider should make reasonable attempts to rectify a resident's harassing behavior toward another resident. Given the potential for liability, the manager should take the following steps: Document all complaints of harassment. Conduct an immediate internal investigation by talking to the parties involved and any witnesses to the harassment. If necessary, begin progressive action toward the offending neighbor to halt the harassment. This could include issuing a notice to comply or vacate, or in serious situations, issuing a notice to vacate. Keep a record of all actions and let the complaining resident know what was done. Also, the manager should make sure that everyone, including residents and employees, understands that such harassment won't be tolerated. For more information about how to establish a nonharassment policy or what to do about tenant harassment, check out the "Tenant on Tenant Harassment Sample Policy" written by the Fair Housing Partnership of Washington, available online at www.metrokc.gov/dias/ocre/sample1.htm. Or get your free copy in the mail by calling KCOCR at 206-296-7592. KCOCR Fair Housing Home Page Your comments about this Web site Updated: Feb. 7, 2005 King County | DES | OCR | News | Services | Comments | Search Links to external sites do not constitute
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