Live Webinar

Retaliation Claims: The Fair Housing Risk You Didn't See Coming

Oct
14
01:00 PM ET / 12:00 PM CT / 11:00 AM MT / 10:00 AM PT
Duration: 90 minutes Speaker: Tina M Austin
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Hours
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ABOUT THE EVENT

Retaliation is one of the most easily overlooked Fair Housing risks because the original resident complaint does not necessarily have to result in the finding of discrimination for subsequent conduct to create a separate retaliation concern. This 90-minute training examines how everyday management actions, including lease enforcement, inspections, maintenance responses, transfers, notices, recertification decisions, and employee communications—can create allegations that a resident was punished for exercising Fair Housing rights.  Participants will learn how HUD's Fair Housing regulations prohibit retaliation against individuals who make complaints, participate in Fair Housing proceedings, or report discriminatory housing practices to housing providers or other authorities.  The session focuses on identifying protected activity, recognizing potentially adverse actions, evaluating timing and consistency, documenting legitimate business reasons, and avoiding statements or conduct that may create evidence of retaliatory intent.  Through affordable housing examples and practical scenarios, attendees will learn how to continue legitimate property management and lease enforcement while reducing the risk that ordinary operational decisions become Fair Housing retaliation claims.

Why You Should Attend 

Affordable housing professionals are trained to recognize obvious discrimination, but retaliation claims often develop after the original Fair Housing issue appears to be over. The resident requests reasonable accommodation and receives a lease violation two days later. A resident reports discrimination against corporate management and suddenly experiences more frequent inspections. Each underlying management action may have a legitimate explanation. The risk arises when the timing, documentation, inconsistent treatment, staff comments, or absence of a clearly documented business reason makes the action appear connected to the resident's protected activity.  HUD's regulation at 24 CFR §100.400 prohibits coercion, intimidation, threats, interference, and retaliation connected with the exercise of rights protected by the Fair Housing Act. It specifically identifies retaliation against a person because that person made a complaint, testified, assisted, participated in a Fair Housing proceeding, or reported a discriminatory housing practice to a housing provider or other authority.  This training will help affordable housing professionals recognize retaliation risks before a routine management decision becomes the second Fair Housing complaint.

 

Areas Covered

  • Explain what retaliation means in the Fair Housing context.
  • Identify resident activities that may be protected under the Fair Housing Act.
  • Recognize operational decisions that could be viewed as adverse or retaliatory.
  • Distinguish legitimate lease enforcement from conduct that creates retaliation risk.
  • Evaluate the importance of timing between protected activity and subsequent management action.
  • Identify employee comments, emails, and internal notes that may suggest retaliatory intent.
  • Apply consistent policies to residents who have previously complained about discrimination.
  • Document legitimate, nondiscriminatory reasons for management decisions.
  • Recognize when a matter should be escalated to compliance, senior management, or legal counsel.
  • Develop practical safeguards for preventing retaliation allegations throughout property operations. 

Who Should Attend

Target Audience:

  • Public Housing Staff
  • Property Managers, Assistant Managers, Occupancy Specialists
  • Compliance Staff
  • Property Management positions who are responsible for calculating income eligibility, auditing files, approving new move-ins or recertifications, AND/OR supervising those that do.
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Tina M Austin

Tina Austin has been in the affordable housing industry for more than 15 years and currently serves as the CEO of Compliance One. Her experience ranges from being a property manager to the Vice President of Operations with Affordable Housing program compliance always being her passion. Known to many of her clients as the Compliance Coach and “Fixer”, Tina’s expertise is taking a non-compliant distressed property into a compliant model property. Her no-nonsense, personable style of training keeps the bottom-line objective to “Always protect the asset”. Tina is a part of several HUD Roundtable committees and sits on the boards of two non-profit organizations. Affordable Housing is dear to her heart as she believes everyone deserves to have decent, safe and stable housing.

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Steve

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Learning the importance of REAC due to I am a new Property Manager this is very helpful.


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Elga was very engaging to listen and learn from. She gave good examples to follow.


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Speaker was very animated, which I found amusing and kept me engaged on a topic that could be quite boring.


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The presenter is knowledgeable about the topic and makes the webinar interesting


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Great explanations of the income discrepancies, loved the slides to show the differences


Sarah Blanos

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The speaker was very interactive and made it fun.

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