legal responsibilities Flashcards
marketing and advertising
fair housing laws, americans with disabilities act, section 504 of the rehabilitation act
leasing and screening applications
FCRA, FACTA
resident experience
leases, landlord/tenant laws, implied warranty of habitability, negligence, megans law, FCC rulings
property operations
contracts, vendors, environmental hazards, OSHA and EPA, Virginia Graham Baker, All HR laws
fair housing
compliance ensures all persons have equal housing opportunities when it comes to where they want to and can afford to live
federal protected class
race, color, religion, sex, national origin, familial status, handicap
Civil rights act of 1866
ensures all persons born in the US shall have the same rights regardless of race, color, or previous condition of slavery
Title VI of the civil rights act 1964
prohibits discrimination based on race, color, religion, or national origin in programs or activities that receive federal financial assistance
title VIII of the civil rights act of 1968 (fair housing act)
prohibits discrimination in the sale or rental of housing because of race, color, religion, or national origin. Sex was added as a protected class in 1974. The act exempts owner occupied buildings with no more than 4 units, single family houses sold or rented without a broker, as long as person doesn’t own more than 3 homes at a time, houses operated by private organizations and clubs that limit occupancy to members
fair housing amendments act of 1988
it added extensive enforcement authority to federal, state, and local governments to investigate and prosecute violations; it also added familial status and handicap as protected classes nationally
housing for older persons act of 1995 (HOPA)
ensures the policies and procedures that demonstrate the intent to qualify for senior housing are followed and distributed
the Americans with disabilities act of 1990 (ADA)
prohibits discrimination on the basis of disability regarding public accommodations, employment, and transportation
disparate (different) impact
when an apparently neutral policy or procedure has a disproportionate or discriminatory effect on protected class
fair housing compliance
maintain records for at least 3 years
disability
a physical or mental impairment which substantially limits major life activities or someone who has a record of such an impairment or is regarded as being disabled.
FHA
handicapped residents can ask for reasonable modifications and/or accommodations to give them equal access to all features, amenities and benefits of the rental community and its policies
ADA
all public areas of a community into which the public is invited must be readily accessible to and usable by qualified individuals with handicaps
section 504
qualified individuals cannot be excluded from participation in denied benefits of or subjected to discrimination in federally subsidized housing
fair credit reporting act (FCRA)
a law that identifies regulations for checking a prospects credit history, enforced by FTC
adverse action letter
if you deny an application based on information from a credit report, must write an adverse action letter
FACTA
broadens the FCRA by extending allowable types of consumer reports and providing descriptions of adverse actions- enacted to increase identity theft
contracts
a formal and legally binding agreement made in writing intended to protect you your residents and the owner
elements of a contract
offer, acceptance, consideration, capacity
offer
an invitation to enter into a legally binding contract
acceptance
occurs when the lease is signed
consideration
one thing of value is exchanged another
capacity
a person must have the competence to enter into a contract
lease forms
leases must be well written, precise, and comply fully with applicable state laws
injury liability
you must respond appropriately to potential for danger to residents
habitability
suitable maintenance of housing properties
responding to danger
you must respond appropriately to the potential for danger to residents
Megan’s law
a law requiring authorities to notify communities of the whereabouts of convicted sex offenders
Federal pool and safety
all public pools and spas must use anti entrapment devices
indemnity agreement
is another name for a hold harmless agreement
contractor
a separate business entity hired to perform specific services or work
liability
legally contractors may be viewed as extensions of property management team
responsibility
inform contractors vendors and other service providers of the non discriminatory operating policies of the property
the bid process
scopes and specifications, bidding, awarding the contract
bid process elements
performance security, insurance certificates, awarding a bid, bidder disqualification
performance security
a form of security deposit
lien waiver
a signed and notarized document that waives all claims against the property or the management company
what are the protected classes that the federal fair housing act and its amendments recogize
race, color, religion, national origin, sex, familiar status, handicap
define descrimination
occurs when actions, decisions, or statements are based on an individuals protected class
what is disparate impact discrimination
this can occur when an apparently neutral policy or procedure has a disproportionate or discriminatory effect on a protected class
who can be held liable for a violation of fair housing law
everyone can be held personally liable for a violation. ultimately the owner is responsible for the acts of his or her agents and that responsibility cannot be delegated
how can you determine what is a reasonable occupancy standard for your property
use keating memorandum
what type of housing does section 504 of the rehabilitation act cover
federally funded properties
what is an accomodation
a change in the rules, services, practices or policies that allow individuals with disabilities equal enjoyment of housings
what is a modification
a physical change to a residence or to the common areas of a building to allow individuals with disabilities equal use and enjoyment of housing
what reasons would you have to ask about a persons disability
to determine eligibility for a federal assistance program or accessible units
when a reasonable accommodation is requested
if the person is eligible for an allowance for medical expenses
why should you have screening process guidelines
they guarantee that every applicant is reviewed against the same criteria and receives equal consideration
what are the two main purposes of a rental application
to gather as much information as possible
to give the owner the right to check references, employment, credit history and criminal record
when screening applicants, what does that FCRA regulate
checking a prospective residents credit history
what is fair and accurate credit transaction act
an act that broadens FCRA by extending the allowable types of consumer reports and providing descriptions of adverse actions
when a prospective residents application is approved, what element of contract is being fulfilled
offer
a lease drawn up to meet which element of contract
acceptance
when is acceptance complete
when a lease is signed by all parties
what is consideration
something of value is exchanged for something of value from another party
resident A is paying $800 for and apartment. resident b is paying $1000 for an identical unit. is this permitted under contract law?
yes
does an applicant of 17 years of age who has been legally emancipated have the capacity to sign a lease agreement
yes
when entering an apartment unit, how can you limit liability
strictly follow your right of entry policies
you may an apartment unit without notice in case of emergency list some emergency examples
smoke pouring out of windows, water leaking out of unit, gunshots, screaming, smell of gas
what are some reasons law enforcement or government officials may want entry to an apartment unit
random building inspections, suspected safety or health violation, serving arrest warrant, the pursuit of fleeing criminals
regarding satellite dishes and tv antennas, what has the federal communications commission (fcc) ruled?
apartment residents may not be unreasonably restricted from installing an individual satellite dish or antenna
what is negligence
an unreasonable response to a foreseeable risk
when preventing danger, what should you encourage residents to do
understand personal responsibility for safety
inform management of dangerous situations
what are your disclosure responsibility regarding a tenant who has a sex offense conviction
it depends on the specific state regulations, seek legal counsel
if a resident is injured through criminal activity can they sue the apartment manager? why or why not
yes, you can be liable if you acted unreasonably in the face of foreseeable risk
what is megans law
a law requiring authorities to notify communities of the whereabouts of convicted sex offenders
what does that Virginia Graeme baker pool and spa safety act require
all public pools and spas MUST use anti-entrapment devices
when should you hire contractor
you normal staff cannot do the task
it is more cost effective
you need required documentation
can you properly be held liable for the actions of a contractor
yes, legally contractors may be viewed as extensions of the property management team
what are the four bid process elements
performance security
insurance certificates
awarding a bid
bidder disqualifications
in which section of a contract is the type of work that will be performed and the time frame for the work
scope of work
what is performance security
a form of security deposit that ensures the successful bidder will perform according to all contract requirements
what should be included in bid invitation
the specifications for the procurement
terms and conditions
specifications defining goods or services
formally numbered specifications
what is a lien waiver
a signed and notarized document that waives all claims against the property or the management company
what releases one party from liability for claims asserted by another party?
general waiver of release
