New Final RuleAffects Fair Housing Protections

In September, HUD released a new Final Rule - Quid Pro Quoand Hostile Environment Harassment and Liability for discriminatory HousingPractices Under the Fair Housing Act which can be found at:

https://www.gpo.gov/fdsys/pkg/FR-2016-09-14/pdf/2016-21868.pdf.

The majorprovisions of this rule:

  1. Formalize definitions of "quid pro quoharassment" and "hostile environment harassment" under the Fair Housing Act.
  2. Formalize standards for evaluating claims ofquid pro quo and hostile environment harassment under the Fair Housing Act.
  3. Add illustrations of prohibited quid pro quoand hostile environment harassment to HUD's existing Fair Housing Actregulations.
  4. Identify traditional principles of direct andvicarious liability applicable to all discriminatory housing practices underthe Fair Housing Act, including quid pro quo and hostile environmentharassment.

This new final rule addresses claims of sexual harassmentspecifically related to housing.

Quid Pro Quo, or this-for-that, is a common form of sexual harassment that wediscuss in the RBD Fair Housing classes. If property staff, including managementstaff and maintenance staff, offer to provide services, preferences or otherfavors in exchange for sex, this is commonly referred to as quid pro quoharassment. HUD goes on to say that protections for applicants and residentsextend beyond acts of property staff; OAs are liable if they do not intervene orattempt to stop such harassment when the OA was or should have been aware thatsuch harassment was occurring.

Discrimination specifically related to creating a hostile environment is alsodiscussed. A hostile environment is created when a person was subjected tounwelcome spoken, written, or physical conduct; the conduct was because of aprotected characteristic; and the conduct was sufficiently severe or pervasiveas to interfere with or deprive the victim of his or her right to use and enjoythe housing or to exercise other rights protected by the Act.

Owner/agents should review the formalized definitions and become familiar withactions that may constitute discrimination.

We will be adding discussion of this new rule to our Fair Housing classes and tothe HUD Hot Topics classes that will be offered in 2017.









Join Mary Rossfor Online Training This Fall

Thechanges to the Section 8 student rule prompted us to add a new online trainingclass to our fall lineup. Based on popular request, we have also scheduled:

  • EIVBasics and EIV Discrepancy classes,

  • Aclass to review the effect of disparate impact on how we screen applicants andaddress criminal activity on the property

  • Anadvanced AR/IR class and

  • ASection 504 class for those of you who are responsible for addressing concernsand requests from people with disabilities

JoinMary Ross for the following live online training classes. Classes include atraining workbook and sample forms and checklists.

Clickon the link below for additional information and to register for the class.

New 4thQuarter 2016 Online Training Schedule

Classes Offered

Schedule

NewSection 8 Student Rule(Class length 1.5 hours)October 13, 2016

EIV Income Discrepancy(Class length 2.5 hours)

October 27, 2016
EIV Basics(Class length 2 - 2.5 hour sessions)November 9 & 10, 2016
Section 504Coordinator(Class length 2.5 hours)December 8, 2016
CriminalActivity, Screening & Tenancy(Class length 2.5 hours)December 13, 2016
AR / IR &Terminations(Class length 2.5 hours)December 15, 2016

Students who register andattend the entire class will receive a certificate of completion.Students should register individually.Confirmations are unique to each student and cannot be shared.

For additional informationor to register, visit our web site athttp://www.rbdnow.com/onlinetraining.htm

Training materials andsample forms are provided to facilitate instruction.Training materials are provided and should beprinted before the training begins.


Instructor-ledTraining From RBD

HUD Management & Occupancy Challenge - Only 1 classes leftin 2016!

Since HUDhas indicated that we should expect an increase in the number of Management &Occupancy Reviews (MOR) conducted in 2016, we have created a class to allowowner/agents and property managers to take a step back and review HUD'smultifamily occupancy requirements. This is not a review of basic requirements,but rather a discussion about best practices designed to help you identifycommon mistakes that may otherwise be revealed during the MOR.

Trainingincludes sample forms, notices and checklists.

Location

Class

Date

St. Paul, MNHUD Management & OccupancyChallengeOctober 25 & 26, 2016


Toregister for training, visit our web site atwww.rbdnow.comor contact our Training Coordinator (Larue Marin) atlarue.marin@rbdnow.com.

To sign up for the HUDBlast,visit our web site atwww.rbdnow.com. Just enter your email address in the box in the center ofthe home page.You canview previously posted HUDBlasts from our web site athttp://www.rbdnow.com/hudblasts.htm

We also encourage you to sign-up for theListserv, so you can receive current RHIIP related information from HUDhttp://www.hud.gov/subscribe/mailinglist.cfm.You canview the RHIIP Tips Archives, under "Listserv-Multifamily RHIIP Tips" athttp://www.hud.gov/offices/hsg/mfh/rhiip/mfhrhiip.cfm

RBD does not act as a legal advisor nor as a regulatory governingagency. The recipient should understand that any materials or commentscontained hereinare not designed for, nor should be relied upon as a source oflegal guidance or as a final authority with respect to any particularcircumstance. Ross Business Development, Inc. makes no warranty ofmerchantability or fitness for a particular purpose or any other warranty of anytype. Owners and management should seek competent legal advice in developing andcarrying out policies and procedures. While we have been diligent in ourefforts to provide comprehensive and accurate regulatory information, RossBusiness Development, Inc. shall not be responsible for errors or inaccuracies.