Announcing!

My new site is JudyCook.BIZ; just launched today. I still have quite a bit of content to upload to the site, but plan to transition to that space entirely, within the next few weeks. Please take a moment to check it out, and subscribe to updates as they’re posted. Thanks!

Something to think about.

We’ve been hearing quite a bit of discussion lately on Arizona’s new immigration law, Senate Bill 1070.  Its proponents claim the law is necessary to stem the flow of illegal immigrants into the state from Mexico. Its opponents say it will lead to racial profiling.  Here is the text of the bill that most concerns its opponents:

In a CNN article on the federal government’s lawsuit to stop Arizona’s new law, President Obama said the law has “the potential of violating the rights of innocent American citizens and legal residents, making them subject to possible stops or questioning because of what they look like or how they sound.”

What is Racial Profiling?

As applied to the Arizona law, Wikipedia has a succinct definition: “Racial profiling refers to the inappropriate use of an individual’s race or ethnicity by law enforcement personnel as a key factor (or sometimes as any factor at all) in deciding whether to engage in enforcement (e.g. make a traffic stop or arrest).”

Linguistic Profiling

In terms of Fair Housing issues, racial profiling has long been a concern.  A practice often referred to as “linguistic profiling,” is used by some housing providers to steer or otherwise illegally discriminate against someone because of the sound of his voice.  A few years back, the television program 20/20 did an informative piece on this subject.

A brief, well-executed PSA on this topic was widely shared by HUD:

An article I wrote a few years ago for the National Association of Residential Property Managers (NARPM) on this subject was well received, and helped to open discussion on the topic among rental housing providers.  In part, it reads:

“Do you draw conclusions about someone’s race, sex, age, sexual orientation, or other traits by the sound of his or her voice? New research points to the fact that, by an overwhelming majority, people do exactly that.

What does this mean to the world of rental property? It demonstrates even further the necessity to establish and abide by consistent and fair practices when handling rental inquiries. Not only do you need to set up a system whereby you return all calls promptly, but you must make sure you’re treating all callers in the same manner. Many people use a script or needs-assessment form when discussing available rentals with potential tenants. Use of these standardized forms and methods provides assurance that all callers receive the same information in the same way.”

Melissa Prandi, in her book “The Unofficial Guide to Managing Property” recommends:

“■ Return every voice message call. No matter what! There should be no excuse not to return a call from someone who was interested enough in your property that they called you. Not only is failing to return calls rude and bad business, it is now potentially dangerous. Instruct your staff that every message will be responded to promptly and pleasantly, and that they should make a record of it.

■ Always conclude with an invitation. Be sure that at the end of any conversation that an invitation is extended to the prospect. Again, no matter what! The conversation could be misconstrued as discriminatory is some way, through no fault of the leasing agent, and the fastest way to correct that misrepresentation is to invite the prospect to visit.

“Even though we don’t have any two bedroom apartments now, you are still welcome to visit us . . . may I set up an appointment?” or “Would you still like to visit us even though we don’t have tennis courts? If so, let’s make an appointment. . . .”

Something like this can be an insurance policy for you as the landlord. If the prospect declines the invitation, this should be noted accordingly.

■ If you have staff or an on-site manager, test that person.

From time to time, check to be sure that your employees are following the just-mentioned procedure. Have different people leave messages, asking to be called back. Have them call and ask about an amenity you don’t have and see how your on-site manager handles this. If calls are returned and invitations are issued, reward your manager.

If you find a problem, work with your manager or find someone who will not put you at risk.   Bottom line: Treat everyone equally.”

No one deserves to be excluded or otherwise treated differently, solely because of his/her race, color, religion, national origin, gender, family status, or disability. These are foundational principles of our country’s civil rights and fair housing laws, and key to what makes our nation great.

Do you have an experience with racial profiling you’d like to share? Please do so by leaving a comment.

Maybe, it’s because I felt discriminated against as a single mom with a small child, looking for housing. I remember once being told I wasn’t welcome because, “We can’t have men coming and going from here all the time.” Maybe it goes back even farther in time – back to the days when our big family didn’t quite fit the norm of the neighborhood in which we lived. Or, maybe it was the strange looks my kinda-crazy step dad used to get in the grocery store. I’ve always known, it hurts to be treated poorly, just because you’re ‘different.’

I read a blog post today that really spoke to my heart.  The topic focused on the necessity to be proactive when including others.  As Mr. Gerstandt so beautifully stated, it’s never been enough to simply NOT engage in behavior that excludes.

In my classes, there is always a great deal of discussion around what NOT to do. We talk about NOT treating people differently because of their race, religion, skin color, national origin, gender, family status, or disability. We talk about NOT making rules that target a “protected class” under the law – no rules for kids; just rules for residents. We talk about NOT steering people to specific areas in our community, based on what we assume their preferences to be, because of their status in a protected class.

Once we’ve covered the things NOT to be done, we start exploring the affirmative steps we can take to make people feel welcome in a housing transaction. This is a much tougher assignment for many housing providers.  Some have been proactive by taking on voluntary positions with organizations that further Fair Housing interests. Some publish their documents and notices in multiple languages. Others provide streamlined procedures for accommodating the needs of people with disabilities.  All of these are active efforts with great outcomes for the housing providers and consumers.

What do you do to actively encourage diversity in your community?

These questions, and more, will be answered in the newly-approved Nevada CE class for real estate licensees, “Accessibility Requests – The Manager’s Guide.”

The course will cover what constitutes a “disability” in the eyes of the Federal Fair Housing Act, what protections are afforded under the law, the Landlord’s (or community manager’s) responsibilities under the Act, and will provide a sample “Reasonable Accommodations Policy” for managers to use as a guide when preparing their own policies.

This class will be offered for the first time in Reno on Thursday, August 19, 2010, at the Reno/Sparks Association of Realtors.  Contact the association at 775-823-8800 for more information and to register for the course.

I recently had the pleasure of giving a presentation to a local property management company on the topic of risk management.  It occurred to me this information would be helpful to other property managers in our state.  The talking points are below:

Who Talks to Whom?

The  Property Manager and/or Broker should be the primary contact for Owners, Tenants, and Vendors, with just a few exceptions:

• An unlicensed person can answer phones, forward calls to or take messages for licensees.
• An unlicensed person can update files and records, under the direction of a licensee.
• An unlicensed person can prepare correspondence and complete documents, as directed by a licensee.
• An unlicensed person can perform bookkeeping duties, under the direction of the Broker.
• An unlicensed person can issue receipts for rent payments made by tenants.
• An unlicensed person can schedule appointments for a licensee.
• An unlicensed person can schedule property repairs, under the direct supervision of a Property Manager.
• Good rule of thumb:  If a decision needs to be made, the decision should be made by the Property Manager!

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Words to Avoid

When dealing with clients

“Here’s the problem…”

The client doesn’t want to know the gory details of how badly the tenant trashed the unit.  He wants to know what it’s going to take to turn the unit over and get it rented again.  Try this:

“I inspected the property today.  I expect we can have it rent-ready within a week.  Here is the list of required work, the associated cost, and whether it’s billable to the tenant.  As soon as you fund your account by $____, we can get started.”

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“I’ll try.”

When someone says this to you, do you immediately assume they don’t have much faith in their ability to do what you’d like them to do?  Most of us hear it that way.  Try this:

“I will.” (Then, explain to the client how you intend to accomplish the goal.)

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“You should…”

Argh!  Them’s fightin’ words!  We are easily triggered into a rebellious feeling when we here those words.  Try this:

“If we replace the carpeting, we’ll be in a much better position to find a quality tenant.”

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“You have to…”

(See above, “You should…”)

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“It’s not my fault.”

Even if you don’t actually say the words, statements that imply someone else is “to blame” for a bad outcome deeply erodes the client’s faith in your ability to do the job.  Rather than focus on blame, try telling yourself this:

“I am in control of, and responsible for, my own actions in this situation.” (Step up.)

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“No problem.”

I’m guilty of using this phrase, frequently.  Even though well-intentioned, it can trigger negative emotion.  It might imply there is a problem, but you’re willing to ‘sacrifice’ to take care of it.  Try this:

“It’s my pleasure.”

* * * * *

Words to Avoid

When dealing with Tenants

Agency

“I’ll see if I can take care of that for you.”

This implies you intend to act as an advocate for the tenant, whatever the particular request.  Try this:

“I will be happy to talk to the owner, and let you know his response as soon as I have it.”

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Risk Management

“This house is in a safe neighborhood.”

What makes a neighborhood safe?  Could this be construed as an implied warranty?  When courts look at issues of the Landlord’s duty to protect, they consider two factors:

-        Could the incident have been foreseen?

-        Did the landlord imply any kind of safety or security?

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“If you don’t like it, you can move.”

A dissatisfied tenant is a lawsuit waiting to happen.  Respond promptly to sensitive issues, and address them effectively.  Be courteous, even if the tenant is being abusive.

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Words to Avoid

Fair Housing

“Children are not permitted to…”

Nope.  Never.  When you’re tempted to use the word “children,” quickly ask yourself if the sentence would be acceptable if you replaced “children” with a name for another protected class:  “Latinos are not permitted to…”  If that doesn’t sound right, then the word “children” doesn’t work, either.  Try this:

“Residents and their guests are not permitted to…”

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“The ethnicity of the neighborhood is primarily…”

This indicates a preference or limitation, based on ethnic background – a violation of Fair Housing Law.

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“The _____ church is within walking distance.”

This indicates a preference or limitation, based on religious background – a violation of Fair Housing Law.

8 Protected Classes in Nevada:

It is illegal to state or indicate a preference or limitation,

based on any protected class.

Then, I understood why I had to do this.

The biggest driver here is not to boost search-engine rankings. I don’t much care about that. People who want my classes and guidance in Property Management seem to know how to find me. I suppose that’s the payoff for 3 decades in the industry, and the resultant gray hair. What really tipped the scales for me is the fact I couldn’t blog about some of the things that really drive my passions – Fair Housing, Landlord/Tenant Law, and the Nevada Legislative Process, are high on that list. The Comma Queen just isn’t the place for it. This is. And, I intend to partake.

Welcome to my new space! Please sprinkle your comments liberally, should you feel moved to do so.

Smiles,

Judy