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May 06
2012
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If there is one thing that property managers know, it’s that we are exposed to risk in all that we do. This “risk” comes in all shapes and forms; some are more evident than others. I am constantly reminding my employees to be careful of their actions as to not expose the property and our owners to possible litigation. Some of the greatest potential risks, as I have found, are in the very small details. Here’s a few that I wanted to point out.
First, consider the “golden rule” of leasing—treat everyone consistently. Consistently being the key word. I have often instructed my leasing agents to use caution when asking where people are from. Generally, in life this is a great conversation starter, but in the realm of fair housing when we open that door and are inquisitive on a prospects nationality this could be construed as discriminatory (if an allegation were to ever occur). The curiosity of national origin presents a very strong basis for a suit if one were ever made against the defendant (i.e. leasing agent). Think about it: why does it matter where they are from? You are trying to lease them an apartment—its best to stick to questions that qualify the prospect. As an alternative, the leasing agent might inquire about the prospects interests, hobbies, etc. While it may seem like a harmless, amiable way to personally get to know a prospect, its best to leave this question alone.
Secondly, the guest card. The guest card is an all-important leasing tool whose purpose is to gather bona fide, relevant data pertaining to the apartment preferences of a prospect. Not only does this tool aid in the selling process of the leasing agent, but its auxiliary purpose is to ward-off fair housing claims by providing a record of the tour—time and place, apartment shown, follow up, etc. Consider if the prospect has children. I have been to a few properties where the leasing agent will report the familial status of all occupants (i.e. if they are a child, minor, etc.)—this is a bad idea. It’s best to stay neutral and simply state the number of occupants that will be living in the apartment. Remember that familial status is a protected class.









