With the New Year fast approaching here is the obligatory “resolution” message (a bandwagon I can’t resist getting on). While it may be presumptuous for me to suggest what resolution you should make, I have always been a bit bossy (maybe there is a resolution for me somewhere in that admission). So here goes. For 2011 please resolve to learn what new fair housing protections may have been “rung in” on a state or local basis in 2010 and incorporate them now into the policies and procedures at your apartment communities. Just because you have the race-color-religion-national origin-sex (gender – not doing it)-familial status-disability drill down pat, you may still be unlawfully discriminating and exposing yourself to a fair housing complaint or lawsuit.
For example, Illinois added “Order of Protection” status for victims of domestic abuse (California did similarly, joining states such as Arkansas, Indian, North Carolina, Rhode Island, Wisconsin and Washington in this). Immigration status is protected in California and New York City. Massachusetts has protection for genetic information, and Madison, WI has genetic identity and citizenship protections. Murray and Moab are now some of the 9 Utah cities and counties with sexual orientation and gender identity protections. And in 2010 HUD issued guidelines that indicate that discrimination of the LBGT community can be considered a form of gender discrimination under the Fair Housing Act. This list is not at all inclusive (the attorney caveat), so resolve to reach out to your local fair housing folks, your attorneys, or your apartment association to learn about possible fair housing protections. Because what you don’t know can hurt you and those who want to live at your communities or who already do so.