Ask a Lawyer

By: Steven M. Williams

I require my staff to be trained annually in fair housing laws—they are all well-versed with the laws and do not discriminate. Do I really need to have a written fair housing policy?

It is a good idea to have a written fair housing policy for a number of reasons. First, if you do not have a written policy, you cannot be sure that all of your employees truly understand their legal obligations. While regular fair housing training is important, your employees need to know what your policy says. If they do not comply with your policy, it could invite liability, even if they are technically compliant with fair housing laws.

Second, if you do not have a written policy, holding employees who violate fair housing laws accountable could be challenging. A written policy removes an employee’s “I didn’t know” defense.

Third, training your employees is easier, but fair housing compliance is more likely with a written policy. People are generally better able to understand and comply with their legal obligations if they can see them. Simply being told what a policy says is not as effective for many people as seeing it on paper.

Finally, if you are sued or investigated for a fair housing violation, you will be asked to produce a copy of your fair housing policy. If you do not have the policy in writing, the investigator will presume, and a plaintiff’s lawyer will argue, that you don’t have a policy and, thus, do not practice fair housing.

In short, every landlord should have a written fair housing policy and ensure that every employee reads and understands it and acknowledges that they will comply.

I have a hoarder whose junk has “taken over” her lot. She refuses to clean it up. I recently filed an eviction complaint, and an attorney called me saying that my resident is disabled and I have to accommodate her hoarding. What does this mean?

Hoarding can be deemed to be a disability under fair housing laws. If you have someone who just likes to accumulate junk, there may be no issue with evicting them. But, if their hoarding constitutes a disability, you must try to accommodate them before you can evict them. This means you need to work with them to get things cleaned up. If they refuse to cooperate or cannot clean things up, you may be able to move forward with an eviction. But, if they try to cooperate and fail, you may have to give them time and multiple chances to clean things up. How much time and how many chances you must provide is dependent upon many factors, including:

1. Does the hoarding simply pose an aesthetic problem?
2. Are there code violations?
3. Does the hoarding threaten the health, safety and welfare of other residents or your staff?
4. Does the hoarding threaten damage to your property?
5. Are you facing citations from the municipality due to the conditions?

This can be a tricky “dance.” Landlords should consult with their attorneys before proceeding with legal action against a resident who appears to be a hoarder.

Can I evict a tenant for failing to maintain her lot?

Generally, you can, if:

1. Your Community Rules and Regulations or the lease clearly outline your expectations;
2. Your expectations are reasonable and serve to protect and preserve the property, good order and the health and safety of residents;
3. The tenant fails to comply after receiving the appropriate notice to clean up the lot; and
4. You enforce the expectations uniformly against all residents.

Can I restrict the sale of a home within my community?

It depends. First, you may not, under any circumstances, prohibit a resident from selling his home to someone who intends to move it out of the community. However, you can impose reasonable restrictions if the buyer wants to keep the home in the community. For example, you can require repairs to bring the home into compliance with your rules and regulations. Second, you can require that the buyer qualify to reside in the community. The Manufactured Home Community Rights Act prohibits any rule, regulation or condition of a lease that prevents a sale of a home. So, owners must be very careful when drafting rules, lease language or policies relating to resales.

How can I handle tenant complaints about neighbors?

Community owners have a duty to provide a reasonably safe and habitable environment for their residents. Complaints about noise, harassment, disturbances and other problems should be taken seriously. Owners should document all complaints, investigate them fully, and, if necessary, take action to enforce the lease and community rules and regulations. Once this is done, owners should communicate to the complaining resident that the complaint has been handled. If a problem resident fails to correct their behavior, the community owner may have to pursue eviction. Absent taking these actions, a community owner could default on the lease, and the other residents could have claims against the owner.