The Trainer

COMPLYING WITH AFHMP; ACCOMMODATING WHEELCHAIR USERS

In this month's feature, “Keep Records to Show You Followed Marketing Plan,” we discussed how important it is to comply with your site's Affirmative Fair Housing Marketing Plan (AFHMP). HUD released the latest version of the AFHMP form in May 2010. We noted that an AFHMP is required of all HUD-assisted sites with five or more units.

COMPLYING WITH AFHMP; ACCOMMODATING WHEELCHAIR USERS

In this month's feature, “Keep Records to Show You Followed Marketing Plan,” we discussed how important it is to comply with your site's Affirmative Fair Housing Marketing Plan (AFHMP). HUD released the latest version of the AFHMP form in May 2010. We noted that an AFHMP is required of all HUD-assisted sites with five or more units. The plan must describe an affirmative action program to attract residents to the site, regardless of race, color, religion, sex, disability, familial status, or national origin.

In “Accommodating Wheelchair Users: What Is ‘Reasonable’?,” we discussed what you need to know about complying with HUD and other federal rules regarding providing reasonable accommodations for residents who use a wheelchair for mobility. We pointed out that your challenge is to find the right balance to meet the needs of both the wheelchair user and other residents, while at the same time making sure that you are safely overseeing and operating your site. A good starting point is reviewing what HUD and federal regulations require you to do.

 

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

A good way to demonstrate that you're complying with HUD rules on Affirmative Fair Housing Marketing Plans is to:

  1. Distribute a newsletter to applicants.

  2. Establish a diverse group of advisors.

  3. Keep comprehensive records showing exactly what marketing you've done.

QUESTION #2

Site owners must be able to provide documentation that marketing activities for the site have been consistent with fair housing marketing requirements and the approved plan for the site. True or false?

  1. True.

  2. False.

QUESTION #3

If you use billboards to market your site, you should:

  1. Use attractive models.

  2. Make sure you include all ethnic minorities in the ads.

  3. Take a photo of the billboard or ask your sales rep to provide a photo.

QUESTION #4

If you use promotional offers to attract qualified residents, you should not bother to keep a written record of them. True or false?

  1. True.

  2. False.

QUESTION #5

In general, you must grant a reasonable accommodation or modification request to a person who needs a wheelchair for mobility if the resident or applicant needs the accommodation or modification to allow him or her to “use or enjoy” your site. True or false?

  1. True.

  2. False.

QUESTION #6

Under the Americans with Disabilities Act, you must remove barriers that prevent people with disabilities from getting to and using public-use areas if barrier removal is:

  1. Not more than $100.

  2. Done without the assistance of any contractors.

  3. Readily achievable.

QUESTION #7

You should always assume that a person who needs a wheelchair for mobility wants to live in a ground-floor unit. True or false?

  1. True.

  2. False.

QUESTION #8

One issue with motorized wheelchairs that is garnering increased attention is:

  1. Whether to require a driving test of residents who use them.

  2. Whether they should be electric or battery-powered.

  3. Whether they're really necessary.

 

ANSWERS & EXPLANATIONS

 

QUESTION #1

Correct answer: c

Keeping accurate records and documentation not only can help prove that you've marketed your site in compliance with HUD rules, but also can help protect you against claims of discrimination by prospects and applicants.

QUESTION #2

Correct answer: a

HUD Handbook 4350.3, Chapter 4, Paragraph 4-18 states that during compliance reviews, owners must be able to provide documentation that marketing activities for the site have been consistent with fair housing marketing requirements and the approved plan for the site. Useful records for this purpose, according to the Handbook, include copies of media and marketing materials, records of marketing activities conducted, and documentation of any special marketing activities performed.

QUESTION #3

Correct answer: c

In addition to the photo, your invoice should show the location of your billboard as well as the dates it was posted. Keep that as a record of where and when you advertised.

QUESTION #4

Correct answer: b

You should definitely maintain a written record of promotional offers and copies of the materials you use to publicize them, such as flyers or ads. For example, some sites draw applicants with the offer of free basic phone hookup. Be sure the records you keep spell out the terms of the offer and the dates of when the promotion started and ended.

QUESTION #5

Correct answer: a

True, but this does not mean that you must grant every request made by a person who needs a wheelchair for mobility. You can deny a request under the law and regulations if compliance would place an undue financial or administrative burden on your site.

QUESTION #6

Correct answer: c

It must make sense from both a structural and financial standpoint to remove the barrier. For example, if to widen an entrance, you have to tear down supporting beams, that removal would not be considered readily achievable.

QUESTION #7

Correct answer: b

You shouldn't assume that a person who needs a wheelchair wants to live in any particular area of your site. If you “steer” applicants toward or away from any specific part of your site, you could be in violation of fair housing laws. You should not impede or discourage wheelchair users in any way.

QUESTION #8

Correct answer: a

Right now, you generally can't require a driving test for wheelchair users, unless you have reason to believe there are legitimate safety concerns. If you have seen the person bumping into walls or people, that should be a concern that you properly document.

Topics