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Risk Management > legal responsibilities > Flashcards

legal responsibilities Flashcards

1
Q

marketing and advertising

A

fair housing laws, americans with disabilities act, section 504 of the rehabilitation act

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2
Q

leasing and screening applications

A

FCRA, FACTA

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3
Q

resident experience

A

leases, landlord/tenant laws, implied warranty of habitability, negligence, megans law, FCC rulings

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4
Q

property operations

A

contracts, vendors, environmental hazards, OSHA and EPA, Virginia Graham Baker, All HR laws

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5
Q

fair housing

A

compliance ensures all persons have equal housing opportunities when it comes to where they want to and can afford to live

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6
Q

federal protected class

A

race, color, religion, sex, national origin, familial status, handicap

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7
Q

Civil rights act of 1866

A

ensures all persons born in the US shall have the same rights regardless of race, color, or previous condition of slavery

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8
Q

Title VI of the civil rights act 1964

A

prohibits discrimination based on race, color, religion, or national origin in programs or activities that receive federal financial assistance

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9
Q

title VIII of the civil rights act of 1968 (fair housing act)

A

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

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10
Q

fair housing amendments act of 1988

A

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

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11
Q

housing for older persons act of 1995 (HOPA)

A

ensures the policies and procedures that demonstrate the intent to qualify for senior housing are followed and distributed

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12
Q

the Americans with disabilities act of 1990 (ADA)

A

prohibits discrimination on the basis of disability regarding public accommodations, employment, and transportation

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13
Q

disparate (different) impact

A

when an apparently neutral policy or procedure has a disproportionate or discriminatory effect on protected class

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14
Q

fair housing compliance

A

maintain records for at least 3 years

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15
Q

disability

A

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.

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16
Q

FHA

A

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

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17
Q

ADA

A

all public areas of a community into which the public is invited must be readily accessible to and usable by qualified individuals with handicaps

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18
Q

section 504

A

qualified individuals cannot be excluded from participation in denied benefits of or subjected to discrimination in federally subsidized housing

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19
Q

fair credit reporting act (FCRA)

A

a law that identifies regulations for checking a prospects credit history, enforced by FTC

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20
Q

adverse action letter

A

if you deny an application based on information from a credit report, must write an adverse action letter

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21
Q

FACTA

A

broadens the FCRA by extending allowable types of consumer reports and providing descriptions of adverse actions- enacted to increase identity theft

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22
Q

contracts

A

a formal and legally binding agreement made in writing intended to protect you your residents and the owner

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23
Q

elements of a contract

A

offer, acceptance, consideration, capacity

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24
Q

offer

A

an invitation to enter into a legally binding contract

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25
Q

acceptance

A

occurs when the lease is signed

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26
Q

consideration

A

one thing of value is exchanged another

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27
Q

capacity

A

a person must have the competence to enter into a contract

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28
Q

lease forms

A

leases must be well written, precise, and comply fully with applicable state laws

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29
Q

injury liability

A

you must respond appropriately to potential for danger to residents

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30
Q

habitability

A

suitable maintenance of housing properties

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31
Q

responding to danger

A

you must respond appropriately to the potential for danger to residents

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32
Q

Megan’s law

A

a law requiring authorities to notify communities of the whereabouts of convicted sex offenders

33
Q

Federal pool and safety

A

all public pools and spas must use anti entrapment devices

34
Q

indemnity agreement

A

is another name for a hold harmless agreement

35
Q

contractor

A

a separate business entity hired to perform specific services or work

36
Q

liability

A

legally contractors may be viewed as extensions of property management team

37
Q

responsibility

A

inform contractors vendors and other service providers of the non discriminatory operating policies of the property

38
Q

the bid process

A

scopes and specifications, bidding, awarding the contract

39
Q

bid process elements

A

performance security, insurance certificates, awarding a bid, bidder disqualification

40
Q

performance security

A

a form of security deposit

41
Q

lien waiver

A

a signed and notarized document that waives all claims against the property or the management company

42
Q

what are the protected classes that the federal fair housing act and its amendments recogize

A

race, color, religion, national origin, sex, familiar status, handicap

43
Q

define descrimination

A

occurs when actions, decisions, or statements are based on an individuals protected class

44
Q

what is disparate impact discrimination

A

this can occur when an apparently neutral policy or procedure has a disproportionate or discriminatory effect on a protected class

45
Q

who can be held liable for a violation of fair housing law

A

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

46
Q

how can you determine what is a reasonable occupancy standard for your property

A

use keating memorandum

47
Q

what type of housing does section 504 of the rehabilitation act cover

A

federally funded properties

48
Q

what is an accomodation

A

a change in the rules, services, practices or policies that allow individuals with disabilities equal enjoyment of housings

49
Q

what is a modification

A

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

50
Q

what reasons would you have to ask about a persons disability

A

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

51
Q

why should you have screening process guidelines

A

they guarantee that every applicant is reviewed against the same criteria and receives equal consideration

52
Q

what are the two main purposes of a rental application

A

to gather as much information as possible

to give the owner the right to check references, employment, credit history and criminal record

53
Q

when screening applicants, what does that FCRA regulate

A

checking a prospective residents credit history

54
Q

what is fair and accurate credit transaction act

A

an act that broadens FCRA by extending the allowable types of consumer reports and providing descriptions of adverse actions

55
Q

when a prospective residents application is approved, what element of contract is being fulfilled

A

offer

56
Q

a lease drawn up to meet which element of contract

A

acceptance

57
Q

when is acceptance complete

A

when a lease is signed by all parties

58
Q

what is consideration

A

something of value is exchanged for something of value from another party

59
Q

resident A is paying $800 for and apartment. resident b is paying $1000 for an identical unit. is this permitted under contract law?

A

yes

60
Q

does an applicant of 17 years of age who has been legally emancipated have the capacity to sign a lease agreement

A

yes

61
Q

when entering an apartment unit, how can you limit liability

A

strictly follow your right of entry policies

62
Q

you may an apartment unit without notice in case of emergency list some emergency examples

A

smoke pouring out of windows, water leaking out of unit, gunshots, screaming, smell of gas

63
Q

what are some reasons law enforcement or government officials may want entry to an apartment unit

A

random building inspections, suspected safety or health violation, serving arrest warrant, the pursuit of fleeing criminals

64
Q

regarding satellite dishes and tv antennas, what has the federal communications commission (fcc) ruled?

A

apartment residents may not be unreasonably restricted from installing an individual satellite dish or antenna

65
Q

what is negligence

A

an unreasonable response to a foreseeable risk

66
Q

when preventing danger, what should you encourage residents to do

A

understand personal responsibility for safety

inform management of dangerous situations

67
Q

what are your disclosure responsibility regarding a tenant who has a sex offense conviction

A

it depends on the specific state regulations, seek legal counsel

68
Q

if a resident is injured through criminal activity can they sue the apartment manager? why or why not

A

yes, you can be liable if you acted unreasonably in the face of foreseeable risk

69
Q

what is megans law

A

a law requiring authorities to notify communities of the whereabouts of convicted sex offenders

70
Q

what does that Virginia Graeme baker pool and spa safety act require

A

all public pools and spas MUST use anti-entrapment devices

71
Q

when should you hire contractor

A

you normal staff cannot do the task
it is more cost effective
you need required documentation

72
Q

can you properly be held liable for the actions of a contractor

A

yes, legally contractors may be viewed as extensions of the property management team

73
Q

what are the four bid process elements

A

performance security
insurance certificates
awarding a bid
bidder disqualifications

74
Q

in which section of a contract is the type of work that will be performed and the time frame for the work

A

scope of work

75
Q

what is performance security

A

a form of security deposit that ensures the successful bidder will perform according to all contract requirements

76
Q

what should be included in bid invitation

A

the specifications for the procurement
terms and conditions
specifications defining goods or services
formally numbered specifications

77
Q

what is a lien waiver

A

a signed and notarized document that waives all claims against the property or the management company

78
Q

what releases one party from liability for claims asserted by another party?

A

general waiver of release

Risk Management (8 decks)

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