Intake Flashcards
What are the four elements of jurisdiction?
Timeliness, Standing, Subject Matter Jurisdiction, and Jurisdiction Over Respondent & Dwelling
What elements must complaints address?
Who was harmed? What happened? When did it happen? Where did it happen? Why are the respondents accountable?
What are the requirements for a relative or friend of an aggrieved person to represent CP?
CP must sign a letter authorizing that person to represent them for the purposes of the complaint.
What are the requirements for an attorney of an aggrieved person to represent CP?
Attorney must present a retainer agreement or notice of representation (although attorney’s own statement of representation will suffice.)
If the CP is an organization, what documentation must they provide?
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.
Who can be listed as co-complainants?
Spouses/Partners
Who can be listed as aggrieved parties to a complainant?
Others living in the household
Others who are directly harmed by the discrimination?
What are the requirements for listing minors as aggrieved parties?
Date(s) of birth
Shielded full name (e.g., Minor Male Smith)
Who can be a respondent?
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.
How are corporate entities listed in HEMS?
Organization Name: Address Line 1: Address Line 2: City: State: Zip Code: Work Phone Number: Email Address:
When should a person’s name be added to HEMS?
If you are listing them as a complainant, aggrieved party, or a respondent.
Where should Respondent Representatives be placed in HEMS?
As a contact for the respondent w/ a note in comments specifying whether the person is counsel or merely a contact.
Should you name every officer of the corporation as a respondent?
No. If none of the officers committed a discriminatory act then list the organization only.
Should you include d/b/a as a respondent or party name?
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.
What do you do if you only have the first name of the respondent?
Describe that person in the summary of allegations. Amend complaint later after the full name is discovered?
How should you order of respondents if listed as HOA or Condo Association?
- HOA or condo association
- Management company, if any
- Individual respondents who participated in the alleged acts. Don’t name individual board members unless the person actively participated in alleged discrimination.
How should you order apartment complexes as respondents?
- Legal owner of the apartment complex (search county tax assessor records)
- Management company (ask CP, have CP check housing documents, or conduct Internet search)
- Individual respondents who participated in the alleged acts (manager, security guard, maintenance man, etc.). Must have both first and last names.
How should mobile home parks be listed as respondents?
- Legal owner of the park (search main address in county tax assessor records). Owner may be a company or an individual.
- Management company, if any
- Individual respondents who participated in the alleged acts. Organization will be management company, if any, or corporate owner (if owner is a corporation).
How should single-family homes be listed as respondents?
- 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.
- Management company, if any
- Individual respondents who participated in the alleged acts.
Which respondents are exempt under the fair housing act?
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.
Questions to ask if the respondent owns fewer that 4 dwellings:
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?
Which case are not applicable under the Fair Housing Act, Sections 804(a) and 804(b)?
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.
Which Fair Housing Act section is applicable to disability discriminations?
Section 804(f)(2) is applicable to discriminatory terms and conditions based on disability.
What are some considerations to make when an 804(f)(3) violation is alleged?
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.
