Topic: Fair Housing stipulations for posting delinquent notices on colored paper..

Is it against Fair Housing laws to post delinquent notices on residents' doors on colored paper?

I think best to check with your state as well as your local apartment association.

Just out of curiosity, did someone tell you it was, or are you just being cautious?

What protected class would you be discriminating against by doing this? None, as long as all delinquent residents are receiving these notices, then you should be just fine.

It's possible someone might think it violated the Fair Credit Reporting Act, assuming that every time you posted a certain color notice it was a delinquent notice, and therefore would disclose to others the fact that the resident was delinquent. I would suggest you not do so, if "everyone" in the community would know what it was...(Although at certain times of the month they can probably guess anyway...)
Mary
Mary Gwyn, CPM
www.AptDynamics.com
Making the World a Better Place One Lease at a Time!

I don't think delinquent payers are a protected class exactly, but I tend to believe respect is paramount in the landlord-tenant relationship. I wouldn't post the notice in colored paper because I feel it is disrespectful. Instead, on the last day of the month, you could put RENT REMINDER DUE TOMORROW of some such on everyone's doors. Those who have not paid rent on time and are in danger of incurring Late Fees, I would send emails to reminding them that "Tomorrow Is the Last Day to Pay Rent ..." This has worked well for my communities. Everyone knows the dreaded eviction procedure is sacred to me. :-)

Yes a regional said it would be against Fair Housing. I asked my property attorney a few years ago and he said that as long as I am consistent with using the colored paper, and EVERY resident who has a balance gets it, then it's not discriminatory. Also, he explained that "Delinquent Status" is not a protected class so it's not discriminatory as long as everyone with a balance gets the same notice on the same color paper.
I suggested this method to a collegue who is having delinquency issues at her property and our regional stated she shouldn't because of fair housing, the resident may feel singled out. I just didn't know if any laws had changed that I was not aware of.

Hey Sarah,
Your instincts (and attorney) were accurate, and the Regional was probably confusing laws. The Fair Credit Reporting Act is really where you would be at risk, since you might be construed as identifying "debtors" publicly. Best to avoid this and use other techniques, such as invoicing in advance, prompt reminder to anyone not paid on the 2nd (rent is due on the first and late on the 2nd), delinquent notice and late fee notice, knocking on doors for face-to-face discussion, and prompt court action (whatever your state allows). You may even want to have a policy of XX strikes and you're out. Best to you!
Mary
Mary Gwyn, CPM
www.AptDynamics.com
Making the World a Better Place One Lease at a Time!