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If you ever have to evict a resident, you need to keep in mind that the resident has certain rights. Among them is the right to meet with you to discuss your rationale for the eviction. Essentially, during this meeting, the resident has the right to present his or her case to convince you not to proceed with eviction.
In 2007, HUD issued final guidance on helping those with limited English proficiency (LEP) gain access to federally funded services and programs. The guidance called for HUD-assisted housing entities to implement a plan that includes translating “vital” written materials and providing access to competent interpreters (unrelated to the person with LEP) on a timely basis when such services are needed to ensure “meaningful access” to HUD information.
HUD has established “Privacy Principles” in which the agency outlines its obligation to protect privacy and safeguard the information that individual citizens entrust to it (see HUD's Privacy Principles on p. 7). This obligation is, HUD says, a fundamental part of its mission to administer its programs fairly and efficiently.
Owners and managers of assisted housing often struggle to comply with fair housing requirements. Laws protecting people with disabilities can be especially tough to interpret. To help clarify the requirements, particularly with respect to people with mental health disabilities, the Insider recently spoke with Michael Allen, an attorney who specializes in cases involving the housing rights of people with mental and physical disabilities.
When is an eviction retaliatory? That is an important question for managers of rental housing because many state and local rental housing laws bar “retaliatory eviction.” In addition, the Fair Housing Act makes certain retaliatory actions against residents illegal if they hinder the residents' exercise of their civil rights.
How can you avoid a charge of retaliation? Know the specific requirements of your state and local laws. Be careful in your policies and procedures. And train your staff.
One of the toughest jobs of a site owner or manager is writing a good tenant selection plan. The tenant selection plan is a crucial document, says Dan Bancroft, an attorney who has written tenant selection plans for project-based sites. It gives you a way to explain and justify your decisions if you are challenged. It is your first defense against claims of illegal discrimination, and it helps your staff, applicants, residents, and program administrators know what to expect from you. Without a clear, thorough written plan, you are open to charges of acting arbitrarily or unfairly.
In April 2008, the Environmental Protection Agency (EPA) issued important new rules on renovation, repair, and painting of housing that was built before 1978. According to the EPA, the new requirements are part of a comprehensive federal effort to eliminate childhood lead poisoning.
The new rules specifically cover multifamily rental housing, so you need to be familiar with them before you begin any significant nonemergency repairs or rehabilitation projects at your site. Here are three major rules you need to follow.
Federal law requires housing providers to disclose to potential renters and buyers the presence of lead-based paint hazards on the premises. Almost all housing built before 1978, whether subsidized by HUD or not, is covered by the disclosure law. The penalties for noncompliance can be substantial, not only from the agencies enforcing the rules, but also from negligence suits from residents who are harmed by the presence of lead.
With tens of thousands of military personnel overseas in 2003 and 2004, Congress rewrote a World War II-era law that provides certain financial protections to members of the military and their families. Today, the conflicts abroad are continuing to require the service of thousands of men and women in uniform. On the home front, it is the responsibility of housing providers to comply with the law and thus relieve some of the burden of service on military families.