The Trainer

Avoiding Charges of Retaliation, Enhancing Energy Efficiency

In this month's feature, we discussed how various federal, state, and local laws prohibit retaliation against renters who assert their rights. To steer clear of claims of unlawful retaliation, be careful to document all of your lease enforcement activities. You may need to show a court that your actions were motivated by something other than your personal feelings for the resident.

Avoiding Charges of Retaliation, Enhancing Energy Efficiency

In this month's feature, we discussed how various federal, state, and local laws prohibit retaliation against renters who assert their rights. To steer clear of claims of unlawful retaliation, be careful to document all of your lease enforcement activities. You may need to show a court that your actions were motivated by something other than your personal feelings for the resident.

In our Maintenance article this month, we discussed how, as part of the economic stimulus program, Congress has provided substantial new funds to make the housing of low-income people more energy-efficient. We gave you some tips on how you can take advantage of the expanded residential weatherization program, such as:

  • Become familiar with how the program operates in your area. Nonprofit community groups administer the program on behalf of the U.S. Department of Energy, and their practices vary from place to place. You need to get to know the agency that operates in your area if you want to benefit from federal weatherization resources.

  • Get ready for a comprehensive energy audit at your site. Every step the weatherization program recommends has to be based on the results of the energy audit.

  • Keep residents informed. They are intended to be the primary beneficiaries of the program even if you are the one who sets it in motion at your site.

 

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

For every dollar of federal weatherization money your site receives, HUD will reduce your capital or rental assistance by one dollar. True or false?

  1. True.

  2. False.

QUESTION #2

Fill in the blank: The federal agency that administers the weatherization program is _______________.

  1. HUD

  2. the U.S. Department of Energy

  3. the Internal Revenue Service

QUESTION #3

Low-income renters and homeowners are eligible for weatherization assistance. True or false?

  1. True.

  2. False.

QUESTION #4

Which of the following projects is least likely to be undertaken with weatherization funds?

  1. Adding attic insulation.

  2. Installing new plumbing fixtures.

  3. Installing grab bars in a bathroom.

  4. Replacing an old water heater.

QUESTION #5

Weatherization program regulations require the owner to approve all work items before work begins. True or false?

  1. True.

  2. False.

QUESTION #6

A site manager received a phone complaint from a resident four days before he issued an eviction notice for nonpayment of rent. Is this a retaliatory eviction?

  1. Yes.

  2. No.

QUESTION #7

A maintenance worker occasionally gets into disputes with residents over their work requests. Can these arguments be used in court?

  1. Yes.

  2. No.

QUESTION #8

To be illegal, a retaliatory eviction must be motivated by feelings that are based on a resident's race, color, religion, sex, handicap, familial status, or national origin. True or false?

  1. True.

  2. False.

 

ANSWERS & EXPLANATIONS

 

QUESTION #1

Correct answer: b

False. HUD has not issued regulations on the weatherization program. There has been no suggestion from HUD that it intends to change funding levels because a site receives weatherization assistance.

QUESTION #2

Correct answer: b

Although the beneficiaries of the program are primarily low-income renters and homeowners, HUD does not administer the federal weatherization program. The U.S. Department of Energy does.

QUESTION #3

Correct answer: a

True. In years past, aid has been tilted in favor of single-family homeowners. However, both renters and home-owners are eligible for assistance.

QUESTION #4

Correct answer: c

All improvements to a unit must be justified by the energy audit.

QUESTION #5

Correct answer: a

True. The weatherization team cannot begin work until you approve the work items.

QUESTION #6

Correct answer: b

No. As long as the site manager was not motivated primarily by a desire to retaliate against the resident for her complaint and the claim of nonpayment of rent is true, this is not an example of retaliation. It could give the appearance of retaliation, though, and have to be justified in court.

QUESTION #7

Correct answer: a

Potentially, yes. Showing a history of conflict between site staff and a resident can help support the resident's claim of retaliation in court.

QUESTION #8

Correct answer: b

Retaliatory actions based on a resident's race, color, religion, sex, handicap, familial status, or national origin may violate civil rights laws. However, retaliatory actions do not have to be motivated by resident characteristics to violate state landlord-tenant laws. Under those laws, retaliation against a specific action of a resident (like complaining to a building inspector) is illegal.

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