Pot, Pets, Parking & People: Fair Housing Pitfalls to Avoid

In the fast-paced, ever-evolving world of property management, the ground beneath our feet is constantly shifting. New laws, new expectations, and new social norms mean that what was acceptable yesterday could be a complaint or lawsuit waiting to happen today.

You juggle leases, maintenance, resident complaints, and marketing, all while striving to maintain a thriving, harmonious community. But lurking in the shadows of this complex job are hidden dangers – pitfalls that can lead to devastating legal battles, massive fines, and irreparable damage to your reputation and your property's bottom line.

This isn't about the obvious; we all know you can't discriminate based on race or religion. But what about the nuances? The seemingly innocent policies that, when scrutinized by a Fair Housing attorney, reveal a pattern of discriminatory impact? The seemingly harmless conversation that could be interpreted as a violation? These are the real-world scenarios that blindside even the most seasoned property managers.

That's why we've created a comprehensive, one-hour webinar designed specifically for you: "Pot, Pets, Parking & People: Fair Housing Pitfalls to Avoid."

Areas Covered

• State vs. Federal Law: What marijuana laws apply to your property and which supersede others.
• Reasonable Accommodation Requests: How to handle requests for marijuana use as a medical necessity.
• Zero-Tolerance Policies: When is it appropriate to enforce a no-smoking policy, and how to balance it with Fair Housing laws?
• Defining Service Animals and Emotional Support Animals: What qualifies as a service animal under the law, and what doesn’t.
• Accommodations and Documentation: How to assess whether a tenant’s request for an animal is legitimate and how to ask for proper documentation.
• The Pitfalls of Pet Policies: How to prevent discrimination against tenants with disabilities while maintaining your building's pet policies.
• ADA Compliance: What the Americans with Disabilities Act requires for parking, including designated spaces, accessible routes, and signage.
• Eviction Risks: How not having an accessible parking plan could expose you to lawsuits.
• Fair Housing Violations: The importance of maintaining consistent and equal parking policies for all tenants, while accommodating those with disabilities.
• Red Flags in Tenant Screening: How to avoid discrimination in your tenant selection process—whether it’s in advertising, interviews, or leasing.
• Equal Treatment and Selection Criteria: How to apply consistent criteria for all tenants while respecting their rights.
• Handling Complaints: How to deal with potential discrimination claims in a way that minimizes liability and protects your property.

Learning Objectives

1. Explain how federal Fair Housing laws interact with state marijuana laws, and identify potential risks in allowing or prohibiting marijuana use on rental property.
2. Distinguish between pets, service animals, and emotional support animals (ESAs) under Fair Housing regulations and describe when accommodations are legally required.
3. Recognize valid documentation requirements for service animals and emotional support animals and avoid unlawful inquiries that could lead to discrimination claims.
4. Develop legally compliant pet and animal accommodation policies that protect both the rights of residents and the property owner's interests.
5. Identify when parking accommodations may be required as a reasonable modification or accommodation under the Fair Housing Act and Americans with Disabilities Act (ADA).
6. Describe the correct process for handling requests for reserved or accessible parking spaces, including evaluating documentation and timelines for response.
7. Detect common forms of unintentional discrimination in tenant screening, leasing, advertising, and communication.
8. Apply consistent, nondiscriminatory tenant selection criteria to ensure compliance with Fair Housing requirements while maintaining property standards.
9. Respond appropriately to accommodation or modification requests from prospective and current tenants, including how to document and communicate decisions.
10. Identify and avoid common Fair Housing violations related to marijuana use, animals, parking accommodations, and interpersonal tenant issues, thereby reducing legal and financial risk.

Who will Benefit?

Community Manager/Director, Multi-site Manager (Area, Regional), Leasing Managers, Maintenance Managers/Supervisors, Training, HR and Compliance Professionals.

Speaker(s)

Doug Chasick

Doug Chasick, CPM®, CAPS, Adv. RAM, SLE, That Fair Housing Guy™, is the former President of the Fair Housing Institute, Inc. With more than 46 years of investment real estate experience, he began as the Resident Manager of a 524-unit apartment property and has been the President or CEO of five real estate companies, responsible for portfolios of over 28,000 apartments. Doug was awarded his CPM® in 1979 and was a member of the IREM National Faculty for eight years. A Senior Instructor member of the NAAEI Faculty, he leads the Advanced Facilitator Training course, is the co-author of “Outstanding Facilitation Techniques”, and a co-author of the joint IREM & NAAEI “Fair Housing and Beyond” course. He is a licensed Real Estate Broker in Florida, a licensed Expert Fair Housing Instructor in the Commonwealth of Virginia, and the recipient of the NAAEI Apartment Career & Education award.

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