NAA Informs Rental Housing Operators About Screenings, ESAs and Website Accessibility
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apartment building exterior

By James Swart |

3 minute read

The much-anticipated “April is Fair Housing Month” provided property managers with hours of insightful information. The celebration began on April 3 with the first “April is Fair Housing Month” session for 2024 presented by the National Apartment Association. Jay Harris, Partner with Hudson Cook, shared his expertise with attendees during the session “Part II: 10 Applicant Screening Solutions for Property Managers,” which was a follow-up to his session in February on renter history reporting. Harris discussed areas that are important for property managers and operators to understand related to resident screening, including fraud, credit and income qualifications, and new agency guidance. Applicant fraud is up 40% year-over-year, according to a recent survey of NAA members, and Harris provided information on what to do when an applicant “fails” identify verification. 

Fair Housing Month continued to inform attendees with its second webinar on April 10. Terry Kitay, Shareholder with Baker, Donelson, Bearman, Caldwell & Berkowitz, presented the session “To Verify or Not: Emotional Support Animals and Other Unique Requests.” During the session, Kitay dove into specific areas of HUD’s 2020 guidance on animals in rental housing and what that means for working onsite. 

Kitay began by offering a reminder that, under fair housing law, housing providers are required to make changes in rules or policy if the change is necessary to allow a person with a disability full use and enjoyment of the housing. From there, Kitay noted the difference between service animals – those trained to perform a task for those with a disability – and support animals, those not specifically trained. Kitay called out that both service and support animals can be viewed as reasonable accommodations under the Fair Housing Act.   

Fair Housing Month concluded with Christine Walz, Partner with Holland & Night, presenting “Clicking Through: Website and Digital Accessibility Requirements.” During the session, Walz discussed legal requirements for websites and digital accessibility, including the current state of the law and how businesses can comply. Walz began by defining digital accessibility, noting that websites, tools and technologies that are accessibly designed and developed ensure that individuals with disabilities can use them. Walz outlined that there are several laws, both on the state and federal level, that govern accessibility – specifically noting the Americans with Disabilities Act (ADA) and the Fair Housing Act. 

Walz noted that while the ADA predates the internet, and therefore does not specifically call out websites, the Department of Justice has expanded its interpretation and published guidance that deems websites as public places, meaning they are also expected to be accessible. Walz called out that there are several pieces of proposed legislation that would expand or clarify current website accessibility requirements. 

 

Visit naahq.org/fair-housing for additional resources. 

 

James Swart is Director, Education and Leadership Development with NAAEI.