Apartment Blog

Pick up any magazine within the multi-family housing industry or attend an educational conference, and it is likely you will find something about fair housing.  This issue is important to our industry for many reasons, including the dollar impact of not being in compliance with the fair housing laws. If you are charged with discrimination, the defense costs are high, not to mention perhaps having to pay to either settle the case or satisfy a judgment.  You have protected your business and yourself from the ramifications of a fire, a slip-and-fall, or the myriad of other events that create liability for you as a landlord.  But what about fair housing insurance coverage?  Do you have it?  Do you not have it?  Do you know?  Do you really need it?  Do you care (probably, since you are reading this article)?  Is there really any such thing? 

Yes, there is coverage available. But it is up to you to find it, evaluate it, and make good business decisions regarding your needs. This article won’t give you all the answers, and will most likely raise more questions for you, but it is a good starting point for you to dialogue with your insurance agent or carrier.  So, here goes…

The first step is to see if you have coverage:

1. Keep in mind that your General Liability and Directors & Officers policies will likely not provide you with fair housing protection.  Personal Liability policies may (or may not!) provide coverage, but Professional Liability will often do so.
2. Check the AM Best’s rating (FSR - Financial Strength Rating) for your carrier’s ability to meet its obligations to you as a policyholder.
3. Discuss whether the carrier is “admitted” or “non-admitted/unauthorized” in the state or states in which you have properties and do business.
4. Next, open up a discussion with your agent/carrier about “Discrimination Coverage” or “Tenant Discrimination Liability Insurance.” The term “fair housing insurance” is not generally used in the insurance industry.

Now, let’s say that your agent/carrier assures you that you have the coverage or that you will be able to buy it. You’re all set now, right?  No, not at all.  As a smart business person you need to know what it is that you have bought or will buy.  And what you think you “see” is not necessarily what you might actually “get.”  You need to know:

1. Are you covered for intentional acts of discrimination?
2. Are you covered for punitive damages? There have been fair housing cases with punitive damages in excess of a million dollars, and one non-landlord fair housing case with punitive damages awarded at one hundred million dollars (that’s $100,000,000 and not a typo!).
3. Are you covered for civil penalties, emotional distress, compensatory damages, legal fees and settlements?
4. There are so many people for whose acts you are responsible.  Are you covered for the issues created not just by your regular employees, but also part-time, temporary, and leased employees, as well as volunteers?  What about issues created by residents, or your contractors and vendors?
5. Are you only covered during the leasing/application process?  What about coverage as relates to residents during their tenancy with you?  (In fact, most complaints are filed by current residents for harassment, evictions, different terms and conditions of their leases, and denial of requests for disability accommodation.)
6. Are you covered for groundless or false claims?  Defending these can cost thousands of dollars!
7. Are you only covered for actual lawsuits?  What about formal complaints made to HUD?  What about an informal claim made to you?  Keep in mind that you likely have a responsibility to notify your carrier even when someone just mentions a fair housing issue to you.  What is the time frame for notification?  And what can it cost you for failure or delay in notification…you may invalidate the coverage entirely!
8. Are you covered for prior acts, those which may have occurred before your policy went into effect?
9. Can you choose your own attorney?  The answer is “not always” and this can be to your detriment.  Attorneys who are familiar with fair housing complaints, the various enforcing agencies and investigators, can often get a situation handled quickly and resolve it efficiently because of their expertise.  A carrier’s attorney may not be able to do that and can run up hours of legal fees while trying to learn about this specialized area of the law.
10. Will the carrier pay up front, as you accrue expenses, before the case concludes?  Keep in mind that fair housing cases (and their costs) can, and do, go on for years and years.  Your carrier may give you a “Reservation of Rights Letter” - they’ll pay you now, but if the event turns out to be non-insurable at its conclusion (perhaps for intentional discrimination), then you will be required to give the money back and pay your own judgment to boot!
11. Who controls a possible settlement; you or the carrier?  Most cases are settled, and few actually make it into an administrative or federal district courtroom.
12. Is there a “hammer clause” regarding settlement?  If you refuse to agree to a settlement offer and insist on going to court, but then lose more than you could have settled for, guess who pays the difference?  (Hint- if there is a hammer clause, it won’t be your carrier who pays.)
13. Will a settlement affect your tax credit properties?  If you are found to have discriminated, you bet. If you settle and thus “admit” liability or lose in a lawsuit, you stand a good chance of losing your tax credit status.

A fire can occur at your community, someone can slip and fall.  There could be wind damage, hail damage, a tragic drowning in your pool.  You have likely protected yourself from these possibilities with insurance.   But be sure that you have done what you can to also protect yourself from the wrongful denial of a reasonable modification or accommodation request; sexual harassment or harassment based on protected class status; eviction or differential treatment because of protected class status; saying the wrong thing; treating applicants differently; linguistically profiling on the telephone; having community rules that unreasonably target children; automatically evicting the mentally disabled; not allowing assistance animals in pet-free properties; failing to have accessible housing where required or failing to allow modifications for the disabled.  These are the most common bases for fair housing complaints.

Make smart business decisions.  You may be disinclined to pay the premiums for tenant discrimination insurance yet just a few hours work on a fair housing issue may result in legal fees that are as high as the premium for coverage would have been.  Know what you are buying. Hopefully the ideas shared above will help you evaluate that. And consider this closing message from this trio of authors…complying with fair housing law is the right thing to do and avoiding fair housing complaints in the first place is the best insurance of all. 

REQUIRED LANGUAGE FOR ALL REPRINTING OF THIS ARTICLE:  “Fair Housing Focus” is written by Nadeen Green, Senior Counsel with For Rent Media Solutions^TM, Anne Sadovsky, CSP, CAM, CAPS, RAM and DJ Ryan, Fair Housing Specialist, Kimball, Tirey & St. John, LLP.  The information contained in this article is not to be considered legal advice, and the authors and their companies strongly suggest that you consult with your own counsel as to any fair housing questions or problems you may have.

What happens in Vegas stays in Vegas, right? I would like to think that’s the first thought that comes to mind for the average person when Las Vegas is the topic. When I think of Las Vegas, I picture casinos, big shows, and of course “The Strip”! Well according to Jana Gordon, former Nevadan, the number one misconception that non-Vegas residents have is that most people live on “The Strip”. Gordon remarked, “No, we have houses and neighborhoods! I think the mountains get ignored. It’s very picturesque with the waterfalls and people have their weddings there too.” Could it be that there’s more to Las Vegas than gambling??

Las Vegas has been aptly named, “The Entertainment Capitol of the World” and at the close of the century it was considered the most populous city founded in the 1900s¹. Las Vegas was discovered and founded by the Spaniards in the 1800s (in Spanish it means “The Meadows”)¹.

According to Wikipedia, the average age of Las Vegas residents is 34. With that fact, I would have gathered that there would be an overwhelming population of renters. And to my surprise, nearly half of the population (41 percent) is renters. Even still, rent prices seem pretty reasonable; in 2005 the average rental cost was $765². Of those who rent, the average number of rooms per apartment is 3.7².

So I asked my dear friend Jana, recent graduate of the University of Nevada Las Vegas (UNLV) and life-long resident of Las Vegas, what is apartment living like in Vegas? To my surprise, Jana actually resided in what we call “Senior Housing” during her college years.

Not so surprising is the idea that UNLV can be tagged as a regular party school, just as any other school in the country can. Per Jana, UNLV is definitely a commuter school, but there were parties in and around campus. The majority of students lived in apartments and duplexes around and near campus. “It’s very communal,” she says. To find Apartments Near the University of Nevada Las Vegas, check out ForRent.com.

Also, I was interested in what residents of Las Vegas did besides go to the strip. “We have the Arts, talent shows, the park, movie theaters, bowling and resorts.” So I guess you could say aside from “The Strip”, Vegas is like every other city in America, minus the gambling. “Without it, Vegas would be pretty boring,” Jana commented. It seems to me that Vegas would be a cool place to start out for a young person just graduating college. Nice apartments for reasonable prices. You can’t really beat that. So if you’re looking for something new, get more information and search tips on Las Vegas Apartments, or view all Apartments for Rent in Las Vegas, NV.

Sources:

1. Wikipedia

2. CityData.com

I’ve written previously about the fear seniors have regarding the loss of independence. Sometimes growing old without having to move from their original home isn’t an option. Moving to a smaller, more manageable dwelling, such as an apartment or condo, is better than a nursing home where seniors lose a majority of their independence. Before such a move can take place there are four factors to consider in order for this shift to take place; security, exercise, health and socialization.

Before moving into a new environment, you need to make sure it’s a safe one. This advice is as true for young adults as it is for the after 55 demographic. The locks on the doors need to work properly. Not answering the door to strangers is an obvious and being able to identify suspicious people is important. Also, make sure you have all the information for the fire and police departments by your telephone. For extra precaution, you can look for an apartment community that is gated, such as mine, which also has a security officer out every night.

The second factor would be exercise. Exercise is important for all age groups, particularly for older adults. Is the community you plan on moving to a safe environment for you to walk around? Or is there a nearby mall for you to travel to? How about a fitness center? These issues need to be considered before you move anywhere as they are important for your health.

Speaking of health, this is another factor that has to be thought about before relocating. If you move, will you be able to properly care for yourself? Will you be able to get your own groceries, get them to the kitchen and prepare yourself a meal? Making sure your body has the nutrition it needs as well as daily exercise will keep you healthy and able to be independent longer.

The final factor, at least for these tips, is socialization. Older adults need to interact with a variety of people. Having meaningful interactions with people promotes a feeling of hopefulness and well-being. Not to mention keeping your mind sharp.

So as I’ve mentioned before in a previous blog, After 55 or not, For Rent Media Solutions strives to improve the apartment hunting process for all apartment seekers. Your independence and peace of mind is important to us. Check out our apartments for rent on SeniorOutlook.com and look at the communities you think would fit into these four categories!

Source: Unionsentinel.com

Did you know that there is a town called Valentine? It’s the “Heart City” of Nebraska with a scenic backdrop comprised of cliffs and pine trees. It was named after E.K. Valentine, who as a Congressman from Nebraska was chairman of the house committee on Agriculture for six years while in office. From 1870-1885, as a member of the House of Representatives, he was instrumental in passing a bill to protect settlers from ‘land sharks’. Due to his popularity in the region, Valentine, NE was named after him. This small town has a land area of 2.01 square miles with only 1,380 people per square mile! It’s comprised of 46.6% males and 53.4% females with the median resident age of 40 years old.

Something of particular interest for you apartment renters, is the “Heart City’s” median rent asked for vacant units, in 2000, was $283!! The median gross rent in Valentine, in 2000, was $435!! That’s amazing! I know that I pay double that where I live!! View apartments in Nebraska on ForRent.com.

During Valentine’s Day this town is always buzzing with festivities. For example, February 14^th, Valentine’s Day itself, gets many travelers from all over the country wanting to get married there! Another big event that happens on Valentine’s Day in Valentine, Nebraska is the Valentine’s Day Coronation. The Valentine’s Day Coronation, which is a community-wide celebration, is where students from each grade, K through 12, are elected to participate in the ceremony which has a different theme each year. The King and Queen of Hearts are crowned from the Senior class with a dance held afterwards for the high school students.

So if you’re not sure what your plans are this Valentine’s Day, you could always visit the quaint town Valentine, NE to celebrate your love!

According to a new research study by Clarity and The EAR Foundation, one of the biggest fears for senior citizens is the loss of independence. This fear even outweighs the fear of death for most!

This study produced some key statistics for seniors. For example, “the vast majority of seniors (89%) want to age in place or grow older without having to move from their homes.” 1 And because they are so determined to maintain that independence, half of them are open to using new technologies to help them do so.

Clarity president, Carsten Trads says “….Independent living is a key determinant of quality of life for seniors….” Therefore this shows that not only do older American’s value their ability to live independently, but they will also try any means to enable them, i.e. technology.¹

This study also showed that almost half of seniors are comfortable using personal computers, Internet and email. “Seniors are clearly more open to technology than many people believe,” commented Trads. ¹

So in essence seniors are willing and able to be independent, and are open to using technology to help them attain that independence.

Here at For Rent Media Solutions, we are committed to providing resources that make apartment hunting for seniors uncomplicated. After 55 Housing and Resource Guide, a For Rent Media Solutions publication, worked in collaboration with the AARP Foundation to create Exploring Life After 55, an annual supplemental publication geared towards adults age 55 and beyond. This new publication serves as an education resource, addressing subject matter important to baby boomers that are planning their retirement, and aging adults and adult children who are researching housing options for their parents. The first issue covers a variety of topics including: an assisted living and health check list, a description of housing and care options, estate planning basics, how to guard against identity theft and so much more! Exploring Life After 55 will be published once a year and distributed to AARP Foundation offices nationwide as well as to local industry events and senior centers.

In addition to Exploring Life After55 and After 55 Housing and Resource Guide, For Rent Media Solutions offers online resources at SeniorOutlook.com. Resources include: moving services, storage, Medicare and Medicaid information and more. SeniorOutlook.com also helps our consumers navigate through the website by providing ‘How to Use SeniorOutlook.com’ instructions to help make the process easier.

We at For Rent Media Solutions strive to improve the process of apartment hunting for all apartment seekers, After 55 or not. Your independence and peace of mind is important to us. Please let us know if you have any suggestions as to how we can improve our services.

Source: Research Brief: Seniors Want to “Age in Place,” and Want Technology to Help; Thursday, November 8^th, 2007.

SeniorOutlook.com, the Internet’s guide to senior housing makes it fast and easy for you to find the appropriate housing to fulfill all your needs. As a site dedicated to senior housing, listing over 3,000 communities, SeniorOutlook.com offers valuable resources to seniors and their families searching for housing options. Certain properties will have “slide-shows” of photos from the communities you are interested in to ensure your comfort. In addition, some of our listings provide a Virtual Tour so you can see what your new home will look like before you move in. Once your choice is made, you can contact the senior housing community directly by email via their direct link, or by telephone.

SeniorOutlook.com is a division of ForRent.com, and the Internet portal for Senior Outlook™ Magazine. As a member of the Dominion Enterprises family, we boast the very best in technical support, hardware and software to ensure that we are always ready when you need us. It is our goal to provide you with the quickest access to the best, most comprehensive information available to fulfill your needs. We are always looking for ways to improve our site and encourage you to contact us with suggestions or comments.