Most fair housing instructors will tell you to “Document, document, document”.  While there is no legal requirement to do so (in theory you never have to write down anything from a fair housing perspective), it sure is a wise business and risk management policy.  And why is that?  Because our ability to process what we see and remember it is colored by many subjective factors, and that leads to inaccuracies.  Speaking of “colored”, I will offer this as an example:  What color is a yield sign?  Did you say yellow?  You are wrong.  Since the 1970s, yield signs have been red and white (the change from yellow was a long time ago!).  But perhaps your recollections were wrong?  Could wrong recollections hurt you in a fair housing lawsuit.  You bet!

Thank you to Mike Williams with Fowler, Hein, Cheatwood & Williams, P.A. for the great example.