2025 Update About Disparate Impact, AFFH, and Section 8 HCV Status

Nov 05	01:00 PM ET / 12:00 PM CT / 11:00 AM MT / 10:00 AM PT
	Duration: 60 minutes	Speaker: Doug Chasick

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ABOUT THE EVENT

Fair housing compliance continues to evolve—and with it, the legal responsibilities of apartment managers. The release by HUD in September of the “Notice of the Withdrawal of FHEO Guidance Documents” adds to the current confusing compliance environment.

Today’s compliance environment is also shaped by several key forces: the interpretation and enforcement of disparate impact liability, the resurgence of Affirmatively Furthering Fair Housing (AFFH) requirements, and the growing number of jurisdictions recognizing Section 8 Housing Choice Voucher (HCV) status as a protected source of income.

Together, these elements create a complex regulatory environment that impacts everything from leasing policies and applicant screening to property-level decision-making, advertising strategies, and community development plans.

While some property managers may think of disparate impact or AFFH as issues for policymakers or developers, these regulations are increasingly affecting day-to-day operations at the property level. Here's what’s at stake:

• Disparate impact liability means that even policies that appear neutral—such as certain income requirements, screening policies, or occupancy limits—may violate fair housing law if they disproportionately exclude protected classes without justification.

• AFFH (Affirmatively Furthering Fair Housing) rules now apply more broadly, affecting not just public housing agencies and municipalities but also the decisions of landlords, owners, and management companies participating in federally-assisted programs.

• Section 8 HCV discrimination lawsuits are rising, and dozens of states and localities now include "source of income" (SOI) as a protected category, making it illegal to refuse applicants solely because they use a housing voucher.

The legal, operational, and reputational risks are real—and growing. This webinar will help you stay ahead of the curve by understanding these concepts and knowing how to apply them to your policies and procedures.

Areas Covered

How the recent “Notice of the Withdrawal of FHEO Guidance Documents” by HUD impacts fair housing compliance.
Defining disparate impact vs. disparate treatment.
Analyzing examples of disparate impact claims, including those related to criminal background checks, and typical application scoring standards.
The “Three Step Burden Shifting Process”
The "legitimate business necessity" defense.
A brief history and the current state of the AFFH rule.
What the latest rule changes mean for apartment managers and owners.
Addressing common myths and misunderstandings about Section 8 vouchers.
The "do's and don'ts" of handling HCV applicants.
Creating a comprehensive, multi-layered strategy to reduce fair housing risk.
Tips for training and empowering your staff.

Learning Objectives

Gain a clear understanding of the legal concepts of disparate impact, AFFH, and Section 8 HCV status under federal fair housing law.
Identify common policies and practices that may inadvertently result in discriminatory effects, even when not intentionally discriminatory.
Learn how recent court decisions and HUD guidance affect apartment managers’ obligations and risk exposure.
Explore strategies for compliance with AFFH requirements, including meaningful actions to promote fair housing and address patterns of segregation.
Understand the rights of applicants and residents using Section 8 Housing Choice Vouchers, and the implications of refusing to rent to voucher holders.
Develop practical policies and procedures to minimize liability and foster an environment of equal opportunity.

Who Should Attend

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

Handouts & Reference Material

A PDF copy of the presentation will be available for download.

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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