IN THIS ISSUE REFEREEING DISCRIMINATION CLAIMS UNDER THE FAIR HOUSING ACT: What is an association supposed to do when it receives a discrimination or harassment complaint? Unfortunately, HUD’s advice to take “whatever actions the association legally can take to end the harassing conduct” is too vague to provide solid guidance on how to handle a specific situation. See page 1.
THE PRICE OF WAR: Strife on an association board can sometimes cause volunteers to leave board service never to return. In the worst of cases, directors will turn on each other and entrench for war, leading to unexpected consequences and costs! See page 5.
WINTER 2017
Refereeing Discrimination Claims Under the Fair Housing Act BY DAVID F. FEINGOLD, ESQ. AND MATTHEW HAULK, ESQ. – RAGGHIANTI FREITAS LLP
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iscrimination and harassment complaints are some of the most difficult to resolve for a community manager. In 2016, the Department of Housing and Urban Development (commonly known as HUD) passed new regulations that make handling these complaints even more complex. Under the new
regulations, associations are not only responsible for their own conduct, but they are also responsible for “hostile environment harassment.” This means that an association must “referee” complaints regarding residenton-resident harassment and, when appropriate, take disciplinary action to ensure a
discrimination-free living environment. When an association receives this type of complaint, the first step should always be to consult with counsel. But what comes after that? We’ve developed a playbook for responding to these types of complaints, using the question: “DID you respond correctly by Documenting,
Investigating and Disciplining?”
The Legal Playing Field Under the new regulations, an association must take action when it knows (or should know) that there is “hostile environment harassment” in the community based on race, disability or any other protected characteristic. The term Continued on page 2