So many of you in the multifamily housing industry want to “do it right” whatever “right” may mean.  I know this because I am privileged to teach you about fair housing and you ask good questions and struggle with some of the issues that you face as landlords.  One of those challenges is to “do it right” when it comes to reasonable accommodations for those residents who may struggle with emotional (behavioral) or mental (cognitive) disabilities.  You may worry about the older resident who since day one living with you has not been able to find her way from the parking lot to her apartment; you may be dealing with frustrated neighbors who ask you to please, please stop their neighbor disturbing them all through the night.  And you may worry (and rightly so!) about how you handle these situations from a fair housing standpoint.

When faced with these types of issues, you may be inclined to reach into the resident’s file and pull out that Emergency Contact form and call the designated contact (often a family member).  But what if that family member says “She is your problem, not mine?”.  What if this is really not an emergency (as important as the issue may be) and your resident is angry that you violated his privacy – “How dare you call my daughter and tell her this”?  And what if it would be really helpful to consult with an outsider – a health care provider, an advocate group, or social services?  Should you or may you do that?  Being an attorney, I will give you a typical answer:  Maybe, and yet - maybe not.  (You are welcome!)

Privacy issues could arise from a well-intended outreach as part of your attempt to reasonably accommodate and work through issues that are or may be disability-related, and yet which are not emergencies.  So perhaps it is time to think about enhancing your Emergency Contact form (without having to create yet another separate form – goodness knows that there is enough paperwork already for the landlord/tenant relationship).  Without giving you legal advice (I repeat, without giving you legal advice), let me suggest some ways to do that.

1. Change the “title” of the Emergency Contact form to something along the lines of “Resident Designated Contact Information”.

    

2. Keep what you currently have in your form for the resident to provide information on emergency contacts (for true emergencies). 

    

3. Add a section for the resident to provide specific information for “Optional Contact Persons or Organizations” that would read along the lines of: “This contact information is for the purpose of identifying a person (including your health care provider) or organization that may be able to help in resolving any issues that may arise during your tenancy or to assist in providing any special care or services you may require.”

    

4. Add another section for the resident to provide a more general permission to you reach out on their behalf if there is any issue which could result in the resident being required to move.  Perhaps language similar to:  “I give permission to you as my landlord to reach out to any family member, friend, health care provider or social, health, advocacy, or other organization that may be able to help in resolving any issues that may arise during my tenancy and that could affect my being able to continue to live here.”

    

5. Add language that makes it clear that any or all of the selections made (Suggestions 2-4 above) are optional, and that they may be changed at any time.  Language such as “You may update, remove, or change the information you provide on this form at any time. You are not required to provide this contact information, but if you choose to do so, please include the relevant information on this form.  Check this box if you choose not to provide any of the contact information.”

    

6. Now think about going to your attorney (who will, unlike this author,  give you legal advice) and sharing this idea.

Sometimes, not always, being able to have dialogue with a family member, friend, health care provider or organization may lead to ideas that will help mitigate behavior issues that will make it more likely that your resident will be reasonably accommodated and able to continue to live at your community.  And just being able to have such dialogue will show that you are willing, if at all possible, to work through issues involving your residents’ mental or emotional disabilities.

[A favorite fair housing story of mine is the one (perhaps anecdotal) about the landlord challenged with a resident who repeatedly banged on his bedroom walls during the night.  Landlord upset about damage; neighbors upset with the noise.  With permission, the landlord discussed this with the resident’s doctor, learning that the behavior was not about causing damage or making noise – it was about the rhythm of the pounding.  So the resident still pounds, the landlord smiles, and the neighbors sleep – because the answer was to provide the resident with a Nerf® hammer.]

“Knowledge is of two kinds.

We know a subject ourselves, or we know where we can find information on it.”

Samuel Johnson