Fair Housing Update: July 2005

WA State FAIR HOUSING UPDATE: July 2005

Questions & Answers

The Franklins are former tenants who file a discrimination complaint against owner Kevin, who tells current tenants that if he sees the Franklin's son Bret visiting any of them, they'll be evicted. Is this discriminatory?

Kevin has no legitimate business reason to ban Bret Franklin from the apartment premises. It appears that Kevin's actions are directly related to the fact that the Franklins filed a civil rights complaint against him. If so, then the Franklins could file a retaliation complaint against Kevin.

By banning Bret from the complex, Kevin is also limiting the ability of current tenants to associate with whom they like. This would have a "chilling effect" on any other tenants who might have a lawful complaint, as other tenants would be less likely to protest discrimination if they thought Kevin would similarly ban them and their guests. Thus, Kevin's statements to current tenants are discriminatory towards the current tenants as well.

The fitness room at the Bay View Apts prohibits children under 15 from using the weight training equipment. Is this discriminatory?

After much research, we came to the conclusion that there are apparently no state or federal laws governing the age of persons who can safely use weight-training equipment. However, fitness centers managed by local cities and private businesses do allow some children to use such equipment so these industry guidelines might assist housing providers in establishing appropriate age limits. When setting rules for use of a fitness room, housing providers should consider the following:
If a fitness room is generally unsupervised, it should be locked so that unauthorized people cannot enter. List entry rules on the door and only provide keys to authorized residents. This should serve to keep unaccompanied young children out.
It's safer for everyone if basic equipment instructions are posted on or next to each item of equipment. If possible, provide new tenants with an orientation to the equipment, or make the written equipment operating manuals available on-site.
Many fitness centers such as the YMCA and Golds Gym permit children aged 15-17 to use fitness equipment without adult supervision. Many centers require adult supervision for children aged 13-15.
Equipment manufacturers' height and weight recommendations may also provide reasonable guidance to appropriate age and size of equipment users. Remember that rules excluding everyone under the age of 18 would be too strict. Many older teenagers are already using similar equipment in high school. Also, a parent who wishes to exercise might bring along a baby in a carrier, a toddler in a small playpen, or a young child who sits quietly, reading or playing with toys. You can set rules that prohibit younger children from using or touching exercise equipment, as appropriate, but it might be too restrictive to prohibit them from entering your exercise facility with an adult.

Assistant Manager Frank Martin frequently goes out of his way to pass by the swimming pool, and several female residents have complained about him ogling them while they sit in the lounge chairs. What steps should the manager take?

Sexual harassment's most familiar form is language, including derogatory remarks, slurs, jokes, intimidation, and even threats of violence. Sexual harassment can also take the form of body gestures, whistling, ogling, unwelcome touching or even physical violence. Certain printed materials can also constitute sexual harassment. Because several residents have made the same complaint about Frank's potentially harassing behavior, he's certainly made them uncomfortable in a common area, and this could amount to discriminatory sexual harassment.

The property owner is responsible for the behavior of employees, managers, maintenance workers, property management company employees or other workers who live at or visit the apartments. If a tenant complains of being sexually harassed, management must take prompt action intended to redress the harm and prevent it in the future. The manager should discuss the situation with Frank, reiterate the nonharassment policy, and warn him that he risks negative employment action if he continues to behave inappropriately. Follow up with the tenants to ensure there have been no further problems, and document everything!

Brian and Dwayne, 13-year-old twins, always swim together and comply with all the pool rules at Alder Manor. One day manager Angela sees Brian's medical ID bracelet that says he has epilepsy. She sends a notice to their mother saying that unless Brian swims with Martha or another responsible adult present, she will cite them for a rule violation.

It is a discriminatory practice to treat a person with a disability differently than a nondisabled people with respect to apartment rules for any other purpose than to provide a reasonable accommodation(s) so that a disabled person may equally use and enjoy the dwelling. Managers should not formulate special rules for persons with a condition or disability based upon perceived stereotypes or a belief that the disabled person is an increased liability. In this situation, the tenants are complying with reasonable pool rules, and Brian's disability should not be a factor.

The management of the Laurel Tree Complex requires that prospective tenants show their driver's license as identification. Does this violate fair housing laws?

This practice is not discriminatory in and of itself. However, keep in mind that an individual with a disability may not have a driver's licenses because of the disability, so other photo identification should be accepted as ID instead of a driver's license. Also, some people who are new U.S. residents may not yet have applied for a driver's license, but may have other perfectly useful identification. One good guide is to look at what most banks accept as identification -- a driver's license, a passport, student identification, a state identification card, and even some types of credit cards. Many other types of documents may be acceptable as identification. For a list of alternative screening documents, see our online list at www.metrokc.gov/dias/ocre/100QsappB.htm.

Note that a few local fair housing agencies (for example, Seattle Office for Civil Rights) prohibit housing providers from requesting and making a record of any information, or using any application form containing questions or inquiries concerning protected class.

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Updated: July 13, 2005

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