MHCO Columns

DO Keep Good Records to Counter Discrimination, Retaliation Claims  - DON’T Neglect Your Paperwork 

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Manufactured Housing Communities of Oregon

 

Good recordkeeping is essential to your success in fending off fair housing claims when dealing with residents who break the rules. If challenged, you’ll need proof that you had legitimate, nondiscriminatory reasons for taking action against the resident—that he in fact broke the rules—and that you’ve consistently applied the rules against other residents for the same or similar misconduct.

Be prepared to produce your written policy detailing your community’s standard of conduct and documentation that the resident knew about it. To prove the resident violated the rules, you should have records about his payment history or complaints against him, including evidence about the frequency and severity of the problem behavior.

Keep good records of any investigation you conducted—including witness statements, photos of any property damage or injuries, and repair receipts or medical bills incurred as a result of the resident’s misconduct. Document all your previous earlier attempts to resolve the problem, including written warnings to the resident to stop the offending behavior.