The Trainer — April 2013
AVOIDING MAINTENANCE-RELATED DISCRIMINATION CLAIMS; COMPLYING WITH VAWA
In this month’s feature, we discussed how to prevent maintenance staff from triggering fair housing claims. Sites may face allegations of discriminatory maintenance policies or procedures, or accusations of sexual harassment or discrimination by a maintenance worker. And maintenance operations are often involved in requests for reasonable accommodations or modifications by individuals with disabilities; discrimination claims can easily arise from how these requests are handled.
In our article on the Violence Against Women Act (VAWA), we discussed how the recent reauthorization of the law has expanded its scope, and what you need to know to comply with its new provisions.
QUIZ
QUESTION #1
To avoid fair housing problems, always handle maintenance requests on a first-come, first-served basis. True or false?
a. True.
b. False.
QUESTION #2
Some female residents complain that employees of the landscaping company you hired often take their lunch break by the site’s picnic tables. They say that a couple of workers have tried to engage them in conversation, commented on how they look in their shorts, and repeatedly asked them for dates. Since the workers aren't your employees, you don't have to worry that their behavior could trigger a fair housing complaint against your site. True or false?
a. True.
b. False.
QUESTION #3
Among other things,your guidelinesfor maintenance workers should require them to enterunits only for scheduled repairs or maintenance or in case of emergency. True or false?
a. True.
b. False.
QUESTION #4
VAWA doesn’t apply to all federally subsidized housing programs. True or false?
a. True.
b. False.
QUESTION #5
VAWA provisions apply only to women who have been the victims of domestic violence and sexual assault. True or false?
a. True.
b. False.
QUESTION #6
A female resident who’s seeking protection from her abusive husband asks you to “bifurcate” her lease—that is, take her husband’s name off it so that it’s in her name only. Can you require her to show proof that she’s a victim of domestic violence?
a. Yes.
b. No.
ANSWERS & EXPLANATIONS
QUESTION #1
Correct answer: b
False. In general, sites should adopt policies to handle maintenance and repair requests on a first-come, first-served basis—unless the request involves an emergency. Furthermore, a maintenance or repair request may require immediate attention in some cases if it qualifies as a reasonable accommodation for an individual with a disability.
QUESTION #2
Correct answer: b
False. Even if the workers involved aren't your employees, site owners or managers may be held liable if they knew or should have known that a contractor was sexually harassing residents, but failed in their duty to stop it. Once you've received a complaint about the landscapers, you should report it to the company and follow up to ensure that the company is taking steps to get its employees to stop the offending conduct.
QUESTION #3
Correct answer: a
True. To reduce the risk of improper conduct—or false accusations of improper conduct—by your maintenance staff or outside contractors, maintain written guidelines regarding when maintenance and repair work is performed—particularly inside occupied units. Your guidelines should also include: requiring maintenance workers to have proper identification while on the job; not entering a unit unless the resident lets the worker in; and not entering a unit if a child under the age of 18 is home alone—except in case of emergency.
QUESTION #4
Correct answer: b
False. Although the prior version of the law didn’t cover all federally subsidized housing programs, the latest reauthorization expands protections to individuals in all federally subsidized housing programs, explicitly protects victims of sexual assault, and creates emergency housing transfer options.
QUESTION #5
Correct answer: b
False. VAWA protects all victims of domestic violence, regardless of their gender or sexual orientation. Lesbian, gay, bisexual, and transgender survivors of violence experience the same rates of violence as straight individuals. But LGBT survivors sometimes face discrimination when seeking help and protection. VAWA now prohibits such discrimination to ensure that all victims of violence have access to the same services and protection to overcome trauma and find safety.
QUESTION #6
Correct answer: a
Yes. Under VAWA, if an individual seeks to assert VAWA’s protections, the site owner or manager may request in writing that the individual provide documentation that she’s a victim of domestic violence, dating violence, or stalking. VAWA specifies three types of proof that can satisfy the documentation requirement: a HUD-approved form; a police or court record; or a signed statement from a victim service provider, an attorney, or a medical professional.