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Fair Housing and Disparate Impact Update
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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
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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
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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
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Additionally, these restrictions leave owners and managers vulnerable to potential legal liability
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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
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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.”
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State and local policymakers are considering proposals to add individuals with arrest and conviction records to this list
Overview of the webinar
This program analyzes several important recent developments in Department of Housing and Urban Development (HUD) rulemaking and issuance of guidance based on disparate impact liability under the Fair Housing Act (FHA).
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.
Join this session by expert speaker Paul Flogstad, where he will discuss the three part burden shifting test for determining when a housing practice has a discriminatory effect even without discriminatory intent.
Who should attend?
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Property Managers
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Property owners
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Lenders
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Housing Authority Staff
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Builders
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Realtors
Why should you attend?
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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.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.