FAIR HOUSING AND DISPARATE IMPACT UPDATE 2019

Duration 60 Mins
Level Basic & Intermediate
Webinar ID IQW19F0678

  • History of the Housing and Urban Development Act
  • Creation of cabinet position
  • Definition of various housing programs
  • Definition of various low interest loans and programs to purchase real estate
  • Complete overview of the fair housing act and its ramifications
  • We will provide examples of disparate impact and how they relate to property managers and owners
  • Also discussed is the Final Rule on Disparate Impact
  • HUD also has new rules on:
  • Quid pro quo and hostile environment Harassment
  • Limited English Proficiency Protections
  • Enforcement of crime Free Ordinances and nuisance Ordinances
  • Smoke-Free Housing
  • Gender Identity

CASE STUDY

There will be a discussion of the original Texas court case that imitated the disparate impact ruling in the first place.

Overview of the webinar

Fair Housing and Disparate Impact Update - 2019

Simply stated, disparate impact occurs when a housing provider’s policies or actions, although neutral and non-discriminatory on their face, serve to disproportionately negatively impact a protected class of individuals, as defined under the Fair Housing Act.  These “Protected Classes” include race, color, religion, gender, national origin, familial status (presence of children under 18), and handicap (mental or physical disability).

In this program, Paul analyzes several important recent developments in the Department of Housing and Urban Development (HUD) rule making and issuance of guidance based on disparate impact liability under the Fair Housing Act (FHA)..

Who should attend?

  • Property Owners
  • Property managers
  • Lenders
  • Community development staff
  • Housing authority staff
  • Developers
  • Real estate professionals

Why should you attend?

In 60 min session of Fair housing and disparate impact, Paul will discuss the three-part burden-shifting test for determining when a housing practice has a discriminatory effect even without discriminatory intent. Also discussed are various policies such as:

  • A growing number of lawmakers and advocates express concerns with the ability of ex-offenders to successfully transition back to society outside of the correctional system.
  • They promote legislative and regulatory proposals prohibiting the use of arrest and criminal records in screening procedures for employees and prospective residents of apartment homes.
  • Proposals restricting a property owner or manager’s ability to conduct such criminal background checks inhibit their ability to ensure a safe, secure environment for residents and employees.
  • Additionally, these restrictions leave owners and managers vulnerable to potential legal liability.
  • Proposals to limit the use of criminal background checks in the housing context appear in a variety of forms at the federal, state and local levels of government.
  • Under the federal Fair Housing Act (FHA), it is unlawful to deny housing to persons on the basis of race, color, religion, sex, handicap, familial status or national origin. These groups of individuals are designated as “protected classes.”
  • State and local policymakers are considering proposals to add individuals with arrest and conviction records to this list.

Faculty - Mr. Paul Flogstad

Paul has been involved in the real estate industry for the past 38 years.He has been involved in sales, construction, project management, appraisal, mortgage consulting and brokerage, 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. He also conducts research analysis for impediments to fair housing for grantees of federal CDBG funds. 
Most recently, he has been a consultant to the State of South Dakota. In this assignment he has developed a program that is one of the first of its kind in the nation. It involves being an Ombudsman for fair housing issues. In this role he takes calls from anyone who may have a fair housing or landlord tenant question. He attempts to resolve the issue before it has to go to HUD. This has been a successful program and he takes over 900 calls a year.
For over twenty years 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 is a certified trainer for a national company which specializes in HUD and Tax Credit education.
He holds numerous professional property management designations and currently holds the prestigious RHM designation from the National Center for Housing Management.
Paul has served on numerous boards and commissions that deal with real estate, property management and fair housing issues and is in demand as a speaker in the affordable housing industry.

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