Understanding HUD’s Final Rule's Concerning Quid Pro Quo, Hostile Environment and Limited English Proficiency

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  • 60 minutes

The U.S. Department of Housing and Urban Development (HUD) has issued a final rule that creates liability for housing providers for occurrences of "quid pro quo harassment" or "hostile environment harassment." Persons with limited English proficiency (LEP) are also included in this rule. LEP includes a limited ability to read, write, speak, or understand English. The guidance reasons that LEP persons are covered by the Fair Housing Act (FHA) because of their close nexus with the protected class of national origin. The new rule, "Quid Pro Quo and Hostile Environment Harassment and Liability for Discriminatory Housing Practices Under the Fair Housing Act," takes effect on October 14, 2016.

The rule prohibits both quid pro quo and hostile environment harassment because of a resident’s protected class which, under the FHA includes race, color, religion, sex, familial status, national origin, or disability. The new guidance also confirms that discrimination against LEP persons may include intentional discrimination or disparate impact, the latter of which involves facially neutral policies that have a discriminatory effect. It imputes direct liability on housing providers more broadly for discriminatory practices.

Join us in this webinar with expert Paul Flogstad as he guides you through the changes in the Fair Housing Act issued in the new final rule which affects fair housing protections. He will explain how these updates should be implemented by owner and management agents in today’s fair housing environment in light of disparate impact rulings from HUD.

Key Features of the Conference:

  • Quid Pro Quo ("this for that") harassment explanation, its occurrence and how it can be addressed for Fair Housing compliance.

  • Hostile Environment harassment explanation, its occurrence and how it can be addressed for Fair Housing compliance. 

  • Judging whether harassing behavior is "sufficiently severe or pervasive," from the perspective of a reasonable person in the aggrieved person's position.

  • Direct liability exposure for any type of discriminatory housing practice. The rule creates three categories of direct liability for housing providers:

  • Liability for the housing provider's own conduct   

  • Liability for failing to take prompt corrective action relating to the conduct of its employees or agents

  • Liability for failing to take prompt corrective action for the conduct of a third party (such as another resident).

  • Imposition of direct liability for the conduct of third parties.

  • Concerns addressed for housing providers under this new rule of facing liability for one tenant harassing another tenant.

  • Prohibited or potentially discriminatory practices against persons with LEP examples and best practices to be in compliance towards Fair Housing. 

Who Should Attend:

  • Property Managers

  • Property Owners

  • Leasing Agents

  • Lenders

  • Realtors

  • Housing authority staff

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Paul Flogstad

Paul Flogstad

Paul has been involved in the real estate industry for the past 38 years. After college graduation he was in law enforcement for 4 years. From that point on, he has been involved in sales, construction, project management, appraisal, mortgage consulting and brokerage, property management and property management consulting/training. 

Most recently, he was a consultant for affordable, multi-housing properties in 22 different states. This involved properties in HUD, Rural Development and Tax Credit programs. In this role he supported managers by training, compliance, budgeting, developing policy and procedures as well as creating successful marketing strategies. Previously was a regional manager for a large property management company in South Dakota. 

For over twenty years was involved in appraisal of residential, multi-family, farm and commercial properties throughout the Midwest.

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

In 2007 he formed Property Management Solutions. In this capacity, he provides training and consulting services nationwide to owners, management companies, multi-housing associations, as well as state and federal agencies. 

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.

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