Intake

Question 1

What are the four elements of jurisdiction?

Answer 1

Timeliness, Standing, Subject Matter Jurisdiction, and Jurisdiction Over Respondent & Dwelling

Question 2

What elements must complaints address?

Answer 2

Who was harmed?
What happened?
When did it happen?
Where did it happen?
Why are the respondents accountable?

Question 3

What are the requirements for a relative or friend of an aggrieved person to represent CP?

Answer 3

CP must sign a letter authorizing that person to represent them for the purposes of the complaint.

Question 4

What are the requirements for an attorney of an aggrieved person to represent CP?

Answer 4

Attorney must present a retainer agreement or notice of representation (although attorney’s own statement of representation will suffice.)

Question 5

If the CP is an organization, what documentation must they provide?

Answer 5

A Board resolution authorizing the filing of the compliant; or

Official minutes of an executive board meeting where the board authorized the complaint to be filed; or

Written authorization to file a complaint on behalf of the organization, signed by the appropriate board officer.

Question 6

Who can be listed as co-complainants?

Answer 6

Spouses/Partners

Question 7

Who can be listed as aggrieved parties to a complainant?

Answer 7

Others living in the household

Others who are directly harmed by the discrimination?

Question 8

What are the requirements for listing minors as aggrieved parties?

Answer 8

Date(s) of birth

Shielded full name (e.g., Minor Male Smith)

Question 9

Who can be a respondent?

Answer 9

Every individual who participated in the alleged discriminatory act.

The company which employs the above person(s)

If a management company is involved, the company itself and the community manager.

Question 10

How are corporate entities listed in HEMS?

Answer 10

Organization Name:
Address Line 1:
Address Line 2:
City:
State:
Zip Code:
Work Phone Number:
Email Address:

Question 11

When should a person’s name be added to HEMS?

Answer 11

If you are listing them as a complainant, aggrieved party, or a respondent.

Question 12

Where should Respondent Representatives be placed in HEMS?

Answer 12

As a contact for the respondent w/ a note in comments specifying whether the person is counsel or merely a contact.

Question 13

Should you name every officer of the corporation as a respondent?

Answer 13

No. If none of the officers committed a discriminatory act then list the organization only.

Question 14

Should you include d/b/a as a respondent or party name?

Answer 14

No. If you don’t find the name in the Secretary of State database, it is a d/b/a or it may be registered in another state. Apartments/communities are places, not legal entities with the capacity to be sued.

Question 15

What do you do if you only have the first name of the respondent?

Answer 15

Describe that person in the summary of allegations. Amend complaint later after the full name is discovered?

Question 16

How should you order of respondents if listed as HOA or Condo Association?

Answer 16

1. HOA or condo association
2. Management company, if any
3. Individual respondents who participated in the alleged acts. Don’t name individual board members unless the person actively participated in alleged discrimination.

Question 17

How should you order apartment complexes as respondents?

Answer 17

1. Legal owner of the apartment complex (search county tax assessor records)
2. Management company (ask CP, have CP check housing documents, or conduct Internet search)
3. Individual respondents who participated in the alleged acts (manager, security guard, maintenance man, etc.). Must have both first and last names.

Question 18

How should mobile home parks be listed as respondents?

Answer 18

1. Legal owner of the park (search main address in county tax assessor records). Owner may be a company or an individual.
2. Management company, if any
3. Individual respondents who participated in the alleged acts. Organization will be management company, if any, or corporate owner (if owner is a corporation).

Question 19

How should single-family homes be listed as respondents?

Answer 19

1. Legal owner of the home (search for address in county tax assessor records). Owner may be a company or an individual. If an individual, that person must own at least 4 dwellings or might be exempt.
2. Management company, if any
3. Individual respondents who participated in the alleged acts.

Question 20

Which respondents are exempt under the fair housing act?

Answer 20

If the subject property is a single-family home owned by an individual, that person might be exempt under the Act.

Search online property records to find out how many homes the person owns.

If you do not find at least 4 dwellings in the county, search adjacent counties or ask the complainant if the respondent ever mentioned other properties.

Question 21

Questions to ask if the respondent owns fewer that 4 dwellings:

Answer 21

Did the respondent use a real estate agent or property management company to market or manage property?

Did the respondent place a discriminatory advertisement or make discriminatory statements?

Question 22

Which case are not applicable under the Fair Housing Act, Sections 804(a) and 804(b)?

Answer 22

Disability case and denial of housing or discriminatory terms and conditions.

Section 804(a) and 804(b) refer to the discriminatory bases of race, color, religion, sex, familial status, or national origin.

Question 23

Which Fair Housing Act section is applicable to disability discriminations?

Answer 23

Section 804(f)(2) is applicable to discriminatory terms and conditions based on disability.

Question 24

What are some considerations to make when an 804(f)(3) violation is alleged?

Answer 24

The 804(f)(3) issues are NOT standalone violations. They may refer back to 804(f)(1), 804(f)(2), or both. You should add either or or both, if applicable.

Question 25

What must retaliation relate back to?

Answer 25

1. A previous housing discrimination complaint the complainant filed (discrimination based on one of the protected classes); or
2. The complainants assistance or testimony in another person’s housing discrimination complaint; or
3. The complainant otherwise protested about the housing provider’s discrimination based on a protected class.

Question 26

What is not retaliation?

Answer 26

Adverse action because of complaints to Code Enforcement.

Adverse action because of complaints about maintenance or management of the property.

Question 27

When should you use Subsection 818 (harassment & intimidation)?

Answer 27

If the intimidation created a hostile living environment (e.g. sexual harassment claims). Complainant my say the they are reluctant to leave the apartment.

Question 28

Should neighbors be named as a respondent in a harassment complaint?

Answer 28

Only if the neighbor physically harms or threatens the complainant because of their protected class status.

Case involving neighbor’s verbal harassment must be referred to HUD Headquarters for evaluation of First Amendment issue.

Question 29

Which date should be listed on the complaint?

Answer 29

The date of the most recent violation or discriminatory act?

When writing the summary of allegations, the date of violation must be included and described from the occurrences on that date.

Effects of a discriminatory act are not the date of violation.

Question 30

How should the location of the complaint be listed?

Answer 30

If applicable, list the address of the property the complainant attempted to rent, purchase, finance, or insure.

If no property is involved (e.g., case issue involves a Housing Choice Voucher), then list city and state where alleged discrimination occurred.

Question 31

Which dwellings/respondents are exempt from subsections 803 and 807?

Answer 31

1. Individuals who own fewer than 4 dwellings;
2. “Mrs. Murphy” exemption (applies to individuals, not corporations);
3. Religious organization/private club exemption; and
4. Housing for Older Persons (HOPA) exemption from familial status claims (a 55+ community).

Question 32

What is the Mrs. Murphy Exemption?

Answer 32

If a dwelling has 4 or fewer rental units and the owner lives in one of those units, that property is exempt from the FHA.

Except for case when the owner uses a real estate agent or property management company to market the property and/or

If owner makes discriminatory statements/policies/advertisements.

Question 33

What steps should you take to find the legal owner of an apartment complex?

Answer 33

Search applicable county property appraiser records or GIS database to find the owner of the apartment complex.

Searching the property appraiser or GIS databases (or calling the appraiser’s office for the information) is the only method that should be used to find the owner.

Question 34

What address should be listed for service if the corporate entity is not listed in with the Secretary of State?

Answer 34

Use the address on the property card (subject property) for service of the complaint.

Question 35

How should the complaint be named (listed)?

Answer 35

Last Name, First Name v. Respondent(s), et al.

The property name should not appear in the case name once the legal owner’s name has been found.

Question 36

What steps should you take to find the management company for an apartment complex?

Answer 36

Look at the apartment complex website,

Do a web search, or

Ask the complainant or check the complainants housing documents.

Question 37

Where should registered agents names be listed?

Answer 37

Registered agent’s names go on the Address Line 1:

Example:

Woodward Management Partners, LLC
c/o Registered Agent Porter Lummus
12 Piedmont Center, Suite 100
Atlanta, GA 30305

Question 38

Where should the property managers name be listed on the complaint?

Answer 38

Above the organizations name and not as the d/b/a

Example:

Janet Harper, Property Manager
Woodward Management Partners, LLC
755 Braves Ave. – Office
Lawerenceville, GA 30043