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Bacon is Popular

Bacon is Popular

Yes, indeed it is.  An entire culture has been developed around this pork product in America, and once limited to breakfast and cheeseburgers, bacon has now found its way into products ranging from ice cream to vodka to toothpaste to fried crickets (I have tried the nacho crickets, not the bacon ones yet).

There is another Bacon.  That would be Sir Francis Bacon, who said “Consistency is the foundation of virtue".  Allow me to rephrase the esteemed gentleman's adage with: ”Consistency is the foundation of wisely made housing decisions". It is not as catchy, but at least you have now read this far and may stay with me as I respond to the frequently asked question - at least frequently asked of me:  

“Do I have to treat everyone the same?”

And the answer is “no” – you do not have to treat everyone the same.  And in fact, often you do not do so.  If one person’s income qualifies them to rent from you, and another person’s income does not, you will treat these folks differently.  One will be offered a housing opportunity, the other will not.  If a resident has a verified and documented history of late payments and disturbing neighbors with loud music or a barking dog, you often will decline to renew that resident’s lease; but the resident who pays on time and presents no issues is the very resident you hope to re-sign to a lease at renewal time.

There is nothing in the Fair Housing Act that demands or requires consistency.  That being said (a big “HOWEVER”!), being consistent whenever possible is a darn good business policy.  Because when people are treated differently it can create the illusion that the difference was based on who they are (as examples, perhaps because of their race, their accent, their child, or their wheelchair).  Remember that people who have faced discrimination before will see your actions through their personal lens, perhaps based on that personal history.  And fair housing advocates and lawyers have seen so much discrimination that their views on your actions may be seen through a similar lens. You always want to be in a position to correct their vision, particularly in the case of a lawsuit or a charge of housing discrimination.

So while the law may not technically require you to treat everyone the same, there is wisdom in making consistency the policy for all of your housing decisions whenever possible.

As a best practice, consider:

1.     Including in your Policies & Procedures a statement along the lines of “It is our intent that all of our policies and procedures shall be compliant with all fair housing laws."

 

2.    Creating Policies & Procedures that are well thought out and that provide for consistency in their application. 

 

3.    When you find yourself considering a different treatment of a prospect, an applicant or a resident, asking yourself “Why are we doing this?”  Or to say it another way, if you are not treating someone in a manner consistent with other similar decisions you have made, ask yourself “If not, why not?”

 

4.    If you do not have a good business reason for that different treatment, re-thinking the possibly risky decision.

 

5.    If you do have a good business reason for that different treatment, writing it down.  Someday you may be asked “Why did you treat this person differently than others?” and you will be able to answer with specifics that you may have long ago forgotten (because fair housing issues can be raised usually for at least 2 years after the alleged violation occurred).

So, back to Bacon: 

Look to make your course regular,

that men may know beforehand what they may expect.

 

 

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