Ms. Management - Legal Issues

Affirmative Advertising
Steering
Correct Verbiage
Service Animal
Interest on Security Deposit
Oral vs. Written Notice to Move
Property Manager Keeps Rent Monies

Q: I work on a federally assisted property and I was told we needed to use affirmative advertising. What is it and how does it work?
A: Affirmative marketing is designed to target specific ethnic or racial minority groups that might not be reached by conventional advertising. This would include advertising in ethnic newspapers, magazines, radio and television stations etc.

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Q: I recently told a client that I thought that another property might better fit his needs. My supervisor told me that I was "steering" and it's illegal. What is "steering" and how can it be avoided?
A: Steering is giving out information with the intent to place an applicant where you believe that he/she should be. It can be verbal such as telling an elderly couple that they would, "be much happier on this part of the property because it's quieter," or non-verbal such as only showing ground level apartment homes to a family with small children without letting them know that other units are available. Steering is a form of discrimination and is prohibited under federal Fair Housing law. Remember all potential residents have the right to see all available apartment homes whether or not you think they should live there. Offer the customer all the available choices and allow him/her to narrow it down to which one he/she wants to see. Do not make any negative comments about the property that could be seen as trying to dissuade someone from leasing from you.

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Q: Can you settle a disagreement between my co-worker and I. I've been telling residents and prospects that we have security officers patrolling the property. My co-worker recently took an NALP course and says that verbiage is incorrect. Can you tell us what the correct thing to say is?
A: Your co-worker is correct. We do not use the term security. The correct term would be courtesy attendant or courtesy associate. The reason is that security patrol would give a false sense of security that could lead to legal problems later on down the line if a resident has a problem that they believe could have been avoided by the presence of a security officer.

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Q: I work onsite in a community that doesn't take pets. A blind woman came in with a dog and said that she could rent here even though we don't take pets. Is that true?
A: Yes, in this instance. Her dog is not a pet; it is a service animal and is considered an extension of her being according to federal fair housing law. In other words, her dog can go anywhere she is, whether or not animals are normally allowed. When renting to a person with a service animal, we do not charge pet rent, pet deposits or pet fees, because again a service animal is not considered a pet.

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Q: I was just transferred from Denver to Tennessee and I am uncertain about some of the laws there. It is unclear in the Tennessee code whether a landlord can earn interest on security deposits placed in a separate escrow account. Further, it is not stated whether the landlord must pay the resident interest in his or her security deposit. Can you help solve this mystery? I've called the state capitol in Nashville and can't seem to find intelligent life there. Thanks.
A: I am unfamiliar with the law in Tennessee. Let me give you the contact information for a couple of apartment associations in Tennessee as well as the number for the IREM headquarters in Chicago. They should be able to help you clear up this mystery. There are three apartment associations that I know of in your state. They are the Apartment Association of Greater Knoxville (423) 588-5961; the Chattanooga Apartment Association (423) 876-8121; and the Greater Nashville Apartment Association (615) 883-9941. The phone number for IREM is (312) 329-6000. Let me know what you find out and good luck.

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Q: I have a tenant that has given me a verbal notice to terminate the apartment on Feb 6/01 and a written notice on Feb 16/01 confirming the departure date of March 6/01. If they do not leave on March 6/01 what recourse do I have?
A: A written notice to terminate is required to be received at least 30 days before move- out. This is a requirement that protects both parties. If a shorter notice is agreeable, both parties should agree in writing indicating that the 30 day requirement is being waived by mutual consent. If that is the case, then you have the same legal recourse that you would have with any other resident that doesn't move out on the agreed upon date.

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Q: I have one rental property. The property manager hasn't given me the rent he has received from the tenants for the last two months. He admits he has received the rent checks, says he will send me the money, but doesn't. I have called him twice and waited three weeks. I have instructed renters not to send him any more rent checks. Before I call him to tell him he is fired, I would like to know what else I can do to get the money he owes me and make sure my complaints about him are heard by other property owners who are thinking of hiring him. What should I do?
A: These days most employers run background checks. If you file a legal claim against him, it will show up. First I would have all your residents call their banks and see if the checks have cleared and ask for copies of the canceled checks. Then call your property manager and tell him you are proceeding with legal action. If there is a real estate license required by your state for performing property management service, call the Department of Real Estate. Give then the facts and ask them how to proceed. Call your district or city attorney's office to determine whether they wish to take action against this person. If you have a small claims court presentation, call or visit the administrative division and ask how to file an action.

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