Tuesday Tip
Use this fair housing checklist to review six key areas to ensure your property remains HUD Compliant.
Fair Housing compliance touches many parts of day-to-day property operations. Therefore, a periodic review can help owners and agents identify areas that may need attention before they become larger concerns.
A useful fair housing checklist should go beyond written policies. It should also consider what residents and applicants see, how staff communicate, how the property advertises, and whether established procedures remain current.
Here are six areas to include in your next Fair Housing compliance checkup.
1. Check Property Signage and Posted Information
Start by walking through the property and looking at signage from the perspective of a resident, applicant, or visitor.
Is the signage clear, readable, and up to date? Are letters missing? Is important information difficult to see?
Additionally, review bulletin boards and other common posting areas. Fair Housing information and other important resident materials should not be covered by newer notices or otherwise difficult to find.
The goal is simple: residents and applicants should be able to clearly see and read information intended for them.
2. Review Advertising and Marketing Practices
Next, compare your current advertising practices with your Affirmative Fair Housing Marketing Plan.
A common misconception is that a property no longer needs to advertise simply because it has plenty of applicants on its waiting list. However, the Tuesday Tip guidance explains that affirmative Fair Housing marketing should continue in accordance with the property’s plan as long as the applicable waiting list remains open. If the waiting list has been closed according to HUD requirements, the situation is different.
Your fair housing checklist should also include a review of the words and images used in advertising.
Look for outdated terminology or language that could suggest a preference for or against a protected class. Likewise, consider whether the people pictured in an advertisement could unintentionally suggest that only certain groups are welcome.
Finally, review your Equal Housing Opportunity logo. Use the complete logo with the words Equal Housing Opportunity rather than relying only on the abbreviation “EHO.”
3. Evaluate Staff Communication Practices
Fair Housing responsibilities do not stop with managers and compliance staff.
Anyone who interacts with residents, applicants, or the public should understand what they should and should not say. Depending on the property, that may include maintenance employees, front-office staff, or even residents who volunteer to answer phones.
Although HUD does not require communication scripts, scripts can help staff provide consistent information. Written handouts may also help prevent confusion about subjects such as reasonable accommodations and VAWA.
Documentation is important as well. Particularly when a Fair Housing matter is involved, keep appropriate records of who was involved, what was discussed, and the relevant date and time.
Also consider communication accessibility. Limited English proficiency or other accessibility needs may affect how residents and applicants receive and understand important information.
4. Review Reasonable Accommodation Procedures
Reasonable accommodation requests do not always arrive as formal written requests.
For example, a resident might mention to a maintenance employee that walking a long distance to enter the building is becoming difficult. Staff should understand that an informal comment like this may need to be brought to management’s attention for further review.
Therefore, make sure employees can recognize a potential request and know where to direct it.
Owners and agents should also review whether established reasonable accommodation procedures are being followed consistently. Communication should be clear throughout the process, including where a request stands and what may happen next.
Importantly, interactions should focus on identifying what can be done to address the resident’s or applicant’s needs rather than creating the impression that staff are looking for ways to avoid an accommodation.
5. Revisit Your Limited English Proficiency Plan
Your fair housing checklist should also include your property’s Limited English Proficiency, or LEP, plan.
Make sure staff know the property’s procedures for communicating with people who may have difficulty speaking or understanding English. In addition, consider which languages are commonly spoken by the people your property serves and what translation resources may be available locally.
Community organizations, colleges, and other resources may be able to help identify translation assistance. However, each property should know and follow its own LEP plan.
Changes in federal administrative priorities also should not automatically be interpreted as changes to underlying legal requirements. Owners and agents should continue reviewing applicable requirements and following established procedures.
6. Confirm Your VAWA Materials Are Current
Finally, review your Violence Against Women Act, or VAWA, procedures and materials.
Start with the property’s emergency transfer plan. Make sure it is current and that appropriate staff understand what it says.
Next, verify that required VAWA notices and postings are being provided. Owners and agents should also confirm that they are using the latest HUD forms.
The VAWA forms discussed in this Tuesday Tip have an expiration date of January 31, 2028. Current forms and additional information are available through HUD’s VAWA resources.
Make a Fair Housing Checklist part of Routine Operations
A Fair Housing review should not be limited to what is written in a policy manual.
Look at the property itself. Review what residents and applicants see. Check your advertising. Listen to how staff communicate. Make sure employees understand how to recognize potential reasonable accommodation requests. In addition, review your LEP plan and VAWA materials.
Most importantly, remember that changes in administrative priorities do not necessarily change existing Fair Housing or Section 504 obligations. Owners and agents should continue following applicable requirements, established procedures, and current HUD guidance.
Regularly working through a fair housing checklist can help owners and agents identify areas that deserve attention and reinforce consistent practices across the property.
For additional information, review HUD Handbook 4350.3, Chapter 2, HUD’s Fair Housing resources, HUD’s VAWA resources, and information from the appropriate state Fair Housing enforcement agency.
Fair Housing Checklist FAQs
What Should Be Included In A Fair Housing Checklist?
A fair housing checklist can include property signage, advertising practices, staff communications, reasonable accommodation procedures, the property’s Limited English Proficiency plan, and VAWA requirements. These areas can help owners and agents evaluate how Fair Housing practices are working in day-to-day operations.
Do Properties Need to Advertise When Their Waiting List is Open?
Having many applicants on a waiting list does not automatically eliminate advertising requirements. Properties should follow their Affirmative Fair Housing Marketing Plan while applicable waiting lists remain open.
Can a Reasonable Accomodation Request Be Made Informally?
Yes. A potential reasonable accommodation request may arise during an informal conversation or through a statement about a disability-related need. Therefore, staff should know how to recognize a potential request and refer it appropriately.
Should Maintenance Staff Receive Fair Housing Training?
Staff who interact with residents should understand the Fair Housing responsibilities relevant to their roles. For example, maintenance staff may hear comments or requests that need to be brought to management’s attention.
Where Can Owners & Agents Find Current VAWA Forms?
HUD provides current VAWA forms and related resources. The forms discussed in this Tuesday Tip have an expiration date of January 31, 2028.
