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Q. How do I avoid fair housing trouble caused by outside contractors? A. As an owner or manager, you know that the Fair Housing Act makes it illegal to discriminate or harass a person based on their race, color, religion, sex, disability, familial status or national origin. But what you might not know, is that you don’t have to discriminate against or harass someone yourself to be liable under the FHA. In fact, you can be sued when outside contractors working at your community discriminate against or harass your residents. Real estate brokers, lawn care contractors, painters, construction workers and plumbers whom you have hired, can get you in major fair housing trouble. Many courts have found owners and managers liable for outside contractors’ fair housing violations, particularly if the owner knows the contractor is behaving poorly and does nothing to stop it. In addition to immediately terminating your relationship with the contractor, there are four additional guidelines for avoiding fair housing trouble caused by outside contractors: 1. Get the contractor to sign a fair housing acknowledgement. 2. Get the contractor to agree to indemnify you for any fair housing violations. 3. Train the staff on how to deal with contractors and react to complaints. 4. Keep records of incidents. By following these rules, you can safeguard your community from contractors who may commit fair housing violations and reduce your chances of facing liability for their actions.
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