Be prepared to produce your written policy detailing your community’s standard of conduct and documentation that the resident knew about it.
Under the FHA, it’s unlawful to “coerce, intimidate, threaten, or interfere with” anyone who has exercised her rights under fair housing law—as well as anyone who has helped or encouraged someone to do so.
Just make sure that the rules don’t unfairly target families with children—or anyone else protected under fair housing law. You may have legitimate concerns about outdoor play activities that could disturb neighbors or damage your property, but avoid rules that specifically target children’s behavior.
If a resident with a disability is harassing or otherwise threatening his neighbors, then you may take action, but only after considering the ramifications of fair housing law.
However reasonable your suspicions, it’s necessary to set them aside and handle the request as a request for a reasonable accommodation.
2024 Fair Housing Litigation - Cases of Significance - Single Incident Must Be Egregious to Constitute Hostile Environment Harassment
(First in a series of Six Articles)
Why do landlords need a briefing on fair housing cases? The answer to that question is based on four facts:
And don’t be thrown off by what the resident says or when he says it. Whenever a resident raises a disability-related reason for violating the lease or community rules, you should treat it as a reasonable accommodation request.
HUD recently announced that it has charged a landlord and its property managers in Manchester, N.H. with violating the Fair Housing Act by retaliating, threatening, or interfering with a tenant’s fair housing rights.
Example: In 2013, a Washington public housing community fought off a fair housing complaint filed by a resident who was threatened with eviction for feeding pigeons and allowing them to nest on his deck.
Even when you have solid evidence that a resident has violated the lease or your community’s rules, he may try to turn the tables by questioning your motives.