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It is wise and acceptable to use a criminal background check to eliminate any candidates with a criminal record prior to getting to final interviews when hiring.
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Home Insider Blogs Nadeen Green's Blog Go Team! - What's Your Game Plan?
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Nov 09
2011

Go Team! - What's Your Game Plan?

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Posted by: Nadeen Green on Nov 9, 2011 17:29

Tagged in: Fair Housing
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A big player (note the sports theme evolving here) in our industry recently settled a fair housing lawsuit for allegedly not responding properly to a request for reasonable accommodation by a person with a disability (PWD).  Part of the settlement involved the company agreeing to implement policies to avoid such mishap in the future; perhaps those can serve as a game plan for others as well.  Here are the requirements:

  • When a property manager or owner receives a request for an accommodation from a PWD, the manager or owner must take steps to communicate with the PWD and identify whether or not it is reasonable to provide the accommodation.
  • Coach’s Tip:  [Note that I would be the Coach since I am the one writing this blog.]  Make sure your team members (groundskeepers, housekeepers, leasing staff, maintenance staff) know to report to their property manager or owner anything that even remotely would suggest that it is a request for reasonable accommodation by a PWD.   This is not the time to punt!
  • The company will make immediate changes ensuring that all reasonable accommodation requests are responded to within 10 business days.
  • Coach’s Tip: The company involved here is large; if they can make this happen in 10 business days, so can you.  Making it longer would not be a strategic move.
  • There will be the mandatory use of a centralized computer database to record relevant dates.
  • Coach’s Tip:  Your company many not be large enough to need a computer database, but there are vital stats to be recorded.  If not on a computer, maintain these stats on paper.
  • The relevant dates include: when a PWD makes a request for an accommodation; the date that it is submitted to management or the owner; the date the company makes a decision and informs the PWD; and the date additional information is provided by the PWD, if requested.
  • Coach’s Tip: I would add an offensive play here; a follow up with the PWD to be sure that the accommodation (if was granted – not all will be) was executed as planned and that the result has been as expected.  If not, follow up and invite the PWD to give you more input on how to make it all work.

More fair housing complaints come from existing residents than from prospects wanting to have housing; and disability is the basis for the most complaints.  While we have a sports theme here, keep in mind this is not a game!  Come up with a game plan now for your team’s process in handling requests for reasonable accommodation.  As those Nike folks say, “Just do it!”.


Comments (2)Add Comment
0
written by Scott, November 15, 2011
Do you provide a PWD accommodation-request form to new residents? If you did, you could refer all inquiries back to the form; if there isn't a form filled out, then the request didn't exist. Of course the goal is to make sure your residents don't get angry and move out, but having a set policy on how to handle all requests in writing could avoid confusion as well as streamline the process.
3010
written by Nadeen Green, November 16, 2011
Scott, a PWD form is always a good idea, as long as folks remember two things: First, no disability verification paperwork should be required if the disability and the need for the request is apparent. Second, a LL cannot condition the reasonable accommodation process on a written request form. If a request is asked for verbally, and directed to anyone employed at the community, the request DOES exist. And remember that there are no magic words - the PWD does not need to say "reasonable accommodation" for one to exist.
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