Operating a housing complex can be stressful. Not only are you managing the lives of residents, but you are also running a business. This article provides an overview of post-COVID moratorium eviction status related to fair housing compliance.
The Federal Fair Housing Act (FHA) gives tenants, landlords, and property operators alike the right to live without enduring the risk of harm. The FHA requires landlords to take all reasonable steps to keep their property safe for tenants and vice versa. However, the FHA does not offer tenants clear guidance regarding safety issues at multifamily properties. This has left property operators confused as to what they should do when they learn about a known case of COVID-19.
How To Respond To Tenants’ Requests For Maintenance?
A lot of property operators have decided that, at this time, to ensure the well-being and safety of their workers and other tenants, they can just respond to emergency maintenance requests from tenants.
Till the time individual dwelling units remain secure and habitable, this kind of across-the-board ascertainment is reasonable. It is also advisable to make this decision across all housing properties to the extent practicable to ensure that determinations regarding responding to maintenance requests are consistently employed at the property level to evade claims of discrimination based on color, disability, national origin, race, familial status, sex, religion, or any other class of individuals protected under local or state law.
If the tenant has been exposed to or has tested positive for COVID-19, then the property operators should leave these people alone to recover in their unit. If the tenant requests maintenance or support, the property operator should evaluate whether the request is reasonable or not, using the frame that is generally applied to requests for reasonable maintenance.
Common Areas And Amenities Closed Or Not?
Property operators need to recognize whether common areas and amenities should be closed to lessen tenant interactions, especially where gatherings have been restricted under local or state laws.
Some amenities, such as laundry and trash rooms, may require to remain unrestricted as they serve basic functions for residential societies.
In making decisions regarding which common areas or amenities should remain unrestricted, property operators should consider federal, local, and state guidance about essential services. Any decisions regarding which common areas and amenities need to be closed should be made employing objective factors on the basis of the specific circumstances.
Final Words
This is a serious issue and it’s important to understand what actions could lead to a violation of fair housing laws. You should consider not only the diagnosis of COVID-19 but also how it should be handled in a practical sense. If you have any queries about this topic, attend the Compliance Prime webinar.
