The Trainer

DEALING WITH UNSUPERVISED CHILDREN; RESPONDING TO CLAIMS OF RESIDENT HARASSMENT

In our feature article on dealing with unsupervised children, we discussed how important it is to know how to deal with these often tricky situations. Most people would not just simply stand by if they witnessed a young child in potential danger. But in today's litigious climate, these same people may not want to intervene for fear of possible legal action, especially on the part of the child's parents.

DEALING WITH UNSUPERVISED CHILDREN; RESPONDING TO CLAIMS OF RESIDENT HARASSMENT

In our feature article on dealing with unsupervised children, we discussed how important it is to know how to deal with these often tricky situations. Most people would not just simply stand by if they witnessed a young child in potential danger. But in today's litigious climate, these same people may not want to intervene for fear of possible legal action, especially on the part of the child's parents. In addition, while you might be tempted to stave off problems by placing limitations on the families who can live at your site, that practice may violate fair housing law. Setting procedures for dealing with unsupervised children can help you avoid legal trouble—and protect the children at your site.

In another article, we discussed what you need to know about working with residents to resolve issues related to complaints of harassment by other residents. It's very important to take these complaints seriously and not to view the dispute as simply a personal issue between two of your residents. HUD rules and the lease signed by your residents promise them “quiet enjoyment” of the leased living space at your site. In addition, you are obligated to deal appropriately with residents who disrupt the livability of your site or who adversely affect the health or safety of others who live there.

 

TRAINER'S QUIZ

INSTRUCTIONS: Each of the questions below has only one correct answer. On a separate sheet of paper, write down the number of each question, followed by the answer you have chosen—for example, (1) b, (2) a, and so on. The correct answers (with explanations) follow the quiz. Good luck!

QUESTION #1

In general, you can set rules at your site regarding unsupervised children, but they should be:

  1. Extremely restrictive.

  2. Least restrictive.

  3. Age specific.

QUESTION #2

In most places, the law expects that you will take reasonable steps when you see an unsupervised child at risk. True or false?

  1. True.

  2. False.

QUESTION #3

If a child is in immediate danger, you might:

  1. Bring the child to the police station.

  2. Take the child home.

  3. Avoid the child completely for fear of legal action.

QUESTION #4

If there's a pattern of having to deal with unsupervised children of a particular set of parents, you can consider eviction. True or false?

  1. True.

  2. False.

QUESTION #5

If residents harass or intimidate other residents or applicants because of their race, color, religion, sex, familial status, disability, or national origin, you could be sued for violating fair housing laws if you ignore a complaint. True or false?

  1. True.

  2. False.

QUESTION #6

The first step in dealing with harassment complaints of residents is to:

  1. Meet with the resident who is complaining.

  2. Meet with the resident who is the target of the complaint.

  3. Get the complaint in writing.

QUESTION #7

Which statement is a best practice when it comes to dealing with alleged instances of resident harassment?

  1. Never ban all abusive or harassing behavior.

  2. Ban all abusive or harassing behavior by and directed at the residents.

  3. Ban all abusive or harassing behavior directed at all parties connected with your site, including residents, guests, management, employees, and customers.

QUESTION #8

One good way to make residents aware of the fact that you take situations of harassment very seriously and will not tolerate such behavior is to:

  1. Include discussions at resident meetings or in newsletters.

  2. Bring in the police.

  3. Hire a consultant.

 

ANSWERS & EXPLANATIONS

 

QUESTION #1

Correct answer: b

You can establish rules at your site that address legitimate safety issues, but they have to be the least restrictive. For example, if you want to prevent small children from riding bikes in your parking lots, you could post signs that say, “No bike riding permitted in the parking lots.” Such a rule doesn't single out just children. Instead, you are addressing a safety issue in the least restrictive way.

QUESTION #2

Correct answer: a

Placing blame on the parents for inadequate supervision is not likely to be a sound defense if you become involved in a lawsuit. Check your state law to see how it defines your obligations.

QUESTION #3

Correct answer: b

Approach the child in a friendly manner and confirm that he lives at your site. Then ask the child, “Do your parents know where you are?” If the child is not in danger or says his parents know what he's doing, then first talk to the parents.

QUESTION #4

Correct answer: a

Yes, you can consider eviction—but only as a last resort and only after talking to your attorney. If the situation warrants a call to social services or the police, the investigation and action plan could take some time. If, in the interim, the child continues to be seen around your site unsupervised—and still at some risk—or if the parents become disruptive in any way as a result of your actions, eviction might be an option to consider.

QUESTION #5

Correct answer: a

Fair housing laws often make owners and managers responsible for fair housing violations if they know residents are discriminating against other residents or applicants and they do nothing to stop it.

QUESTION #6

Correct answer: c

Getting the complaint in writing is the first step in a systematic approach to dealing with harassment situations. Identify, to the degree possible, the persons who are believed to be engaging in the harassing behavior. Whenever possible, include dates, times, places, and witnesses, if any.

QUESTION #7

Correct answer: c

If you ban all abusive or harassing behavior on the part of all parties, you'll give the impression that you desire your site to be a civil and welcoming environment for all.

QUESTION #8

Correct answer: a

Resident meetings and newsletters are good vehicles for making sure that your residents are aware that you take situations of harassment very seriously and will not tolerate such behavior. However, be careful not to make any mention of specific incidents or to use any resident names or other possible identifying information.

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