Disparate Impact and HUD Guidance on Criminal Background Checks (AHA761T)

  • Product Format
  • Pre Recorded Webinar
  • Presenter(s)
  • Paul Flogstad
  • Conference Date
  • Friday, December 15, 2017
  • Aired Time
  • 12:00 am ET - 11:00 pm CT - 10:00 pm MT - 9:00 pm PT
  • Length
  • 60 minutes

Demystifying the Supreme Court's Fair Housing Discrimination Ruling, Disparate Impact and the Latest Word from HUD

Following a major ruling by the U.S. Supreme Court on fair housing discrimination, HUD released a guidance letter regarding blanket criminal background checks. Are you up to speed on these latest requirements relating to disparate impact that affects housing for people with criminal backgrounds?

In this session, expert speaker Paul Flogstad will examine in detail all facets of the discrimination ruling by the Supreme Court and what it means under fair housing guidelines. He will also review HUD's 2016 guidance letter and examine the changes in policies and procedures that multifamily properties must implement in order to comply with this latest guidance. Paul will also discuss the basics of fair housing and disparate impact, as well as the implications of all of these rulings and guidance.

Session Highlights

  • The HUD guidance letter of April 2016
  • The definitions of disparate impact and adverse impact
  • Impact of the guidance letter on blanket policies of disallowing applicants with criminal backgrounds
  • Review of the seven federally protected classes
  • The basics of federal fair housing law, including steering, reasonable accommodation and modification, and assistive animals
  • How the Supreme Court's ruling affects development activities going forward
  • How the ruling affects certain protected and nonprotected classes
  • The difference between arrests and convictions and how it relates to the HUD guidance
  • How to avoid violation of Title VII of the 1964 Civil Rights Act

Agenda Details

  • Basic screening principles
  • Requesting an application, and what to look for on a rental application
  • Running a compliant credit check
  • Running a compliant background check
  • Contacting employers and previous landlords
  • Interviewing the tenant
  • Policy background
  • Impact on property managers' daily operations
  • HUD's final rule on disparate impact
  • A review of recent disparate impact cases and examples
  • New HUD guidance on use of criminal background checks
  • How to handle convictions for the manufacture or distribution of controlled substances
  • Considering credit screening before criminal history
  • Tailoring screening policies to focus on protecting resident safety
  • Compiling appropriate evidence to support your policies

Who Should Attend

  • Property managers
  • Property owners
  • Maintenance staff
  • Lenders
  • Realtors
  • Developers, especially those who have low-income housing tax credits
  • Bankers
  • Builders
  • Asset managers
  • Real estate consultants

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About the Presenter(s)

Paul has been involved in the real estate industry for the past 38 years. He has been involved in sales, construction, project management, appraisal, property management and property management consulting/training.

Through his consulting company, Property Management Solutions, he provides training and consulting services nationwide to owners, management companies, multi-housing associations, as well as state and federal agencies.

He specializes in fair housing issues and has developed fair housing and outreach programs for governmental agencies as well as conducting seminars which are presented to property management companies, apartment associations and the general public nationwide. Most recently, he has been a consultant to the State of South Dakota. In this assignment he has developed a fair housing awareness program that is one of the first of its kind in the nation. It involves a three pronged approach to fair housing awareness. This approach makes use of an ombudsman concept and has proven to be very effective in dealing with discrimination and landlord/tenant issues.

For over twenty years he was involved in appraisal of residential, multi-family, farm and commercial properties throughout the Midwest. Most recently, he was a consultant for affordable, multi-housing properties in 22 different states. This involved properties in HUD, Rural Development, HOME and Tax Credit programs.

He holds numerous professional property management designations and currently holds the prestigious RHM designation from the National Center for Housing Management.

Paul was previously Vice President of the South Dakota Multi-Housing Association, Vice Chairman of the Minnehaha County Housing and Redevelopment Commission, and Chairman of the Sioux Falls Property Appeals Board. In 2009, he received the Outstanding Educator of the Year award from the South Dakota Multi-Housing Association.

Paul just authored a book which was released in January of 2015. It is titled: “Fair Housing: What Everyone Should Know”. This is a comprehensive book about the fair housing written with a property manager’s perspective and with real world examples.

Paul enjoys working with people and helping them be the best they can be.


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