Many of you have no doubt read the press release issued by HUD about the Nebraska housing community that was fined $25,000 for failing to reasonably accommodate a resident with a disability in the form of a unit transfer, which subsequently resulted in an injury to the resident. The press release was widely disseminated through a number of sources.
The press release is but the latest indication that HUD’s Office of Fair Housing and Equal Opportunity (FHEO) is taking a much more proactive stance (some in the industry might use the adjective “aggressive,” but I believe “proactive” is more accurate) than we’ve seen in recent years. Well-informed and reliable sources have told me that instructions have been given to FHEO investigators to get out from behind their desks and look for investigative opportunities. Another source told me, “What was somewhat off the table several years ago is definitely on the table now.”
In addition, funding has been made available for increased “testing” or “shopping” (a form of undercover investigation) typically used by state or local fair housing/civil rights enforcement agencies.
Housing management organizations that have made a commitment to fair housing compliance, including having a reasonable accommodation policy that complies with the HUD-US Department of Justice statement of 2004, and who have implemented both policies and procedures that are complied with at all levels have little to fear — other than, perhaps, someone in the organization opening their mouth and saying something monumentally ill-advised. Other organizations that have lagged behind on getting their (fair) house in order might find the going to be rather rough.