Fire Sprinkler Disclosure - What You Need to Know

As of October 1^st, 2015 a new Connecticut law (Section 57 of bill 1502) requires disclosure of operative fire sprinkler systems with any residential lease. 

Commercial leases are exempt unless there is a dwelling unit.

Who is Covered?

Any residential rental unit with a "fire sprinkler system," defined as "a system of piping and appurtenances designed and installed with generally accepted standards so that heat from a fire will automatically cause water to be discharged over the fire area to extinguish or prevent its further spread."

What is Required?

The new law requires landlords to take action as follows:

When renting any dwelling unit, the landlord...shall include notice in the rental agreement as to the existence or nonexistence of an operative fire sprinkler system in such dwelling unit and shall be printed in not less than twelve-point boldface type of uniform font. 

If there is an operative fire sprinkler system in the dwelling unit, the rental agreement shall provide further notice as to the last date of maintenance and inspection and shall be printed in not less than twelve-point boldface type of uniform font.  

What Steps Should I Take?

1.           Notice should have been provided to all existing residents.  If you did not 

              provide and post the notice, please let me know.

2.            The new Lease Addendum should be utilized effective immediately with 

               new residents. 

3.            Existing tenants will need to sign the Addendum with their next 

               recertification and Lease renewal.

4.            Because the document must contain the most recent available 

               information, the Fire Sprinkler Addendum must be signed 

               every year at recertification.

The Move-in / Recertification Acknowledgements have also been updated.  Be sure that you are using the current version.  

AFHMPs - What You Need to Know

Hopefully, you noticed that you received a calendar reminder on August 3rd which said:

Annual AFHMP Marketing (open this event to see notes)

The notes read as follows:

If you have not already done so this fiscal year, be sure to send out your AFHMP letters, and do your advertising.

 As a reminder, you must:

-          Send letters to all Community Contacts listed in your                                            Marketing Plan

o   Letters must be individually addressed and dated – KEEP COPIES OF ALL SENT

-          Advertise in all sources listed in your Plan

-          Advise Pam if any sources are obsolete                                                                      (phone numbers, names,  returned letters)

-          Review your plan if it is due for updating,                                                                    and advise Pam of any requested changes

o   USDA Plans must be revised every three years
o   HUD Plans must be revised every five years

This calendar reminder will pop up yearly.  You do not need to do this marketing in August; I just wanted a yearly prompt to remind you of your requirements in the event that you had not already done your marketing.  

This also presents a great opportunity to review what your requirements are, especially in light of the fact that there are some new tools to assist you in this area.  The new AFHMP procedure and forms will be posted shortly.  

To review, you are required to take the following actions with regard to Affirmative Fair Housing Marketing:

Posting:
Your AFHMP must be posted.  

If possible, post the plan with all attachments. It should be posted in an easily accessible location (the same bulletin board where the RSP and other required notices are posted).

Annual Marketing (Using the new AFHMP Checklist 3-39a and Affirmative Marketing Tracking Sheet 3-39c):
Once a year, you must place ads and contact all Community Agencies specified in your Plan. 

You must document your efforts, so be sure to:

• Get tear sheets (copies) of all ads'
• Keep copies of all letters (and envelopes) sent to Community Agencies
• Note any obsolete contacts and advise the ADPM (me) that you need a replacement.  
• Clip this documentation together and label with the month and year marketing was completed.  It should generally be done at the same time each year.

**HINT* Make one month a year Update Month.  Look at your Resident Selection Plan and Handbook; do they need updates?  Next, review your Plan and complete letters and advertising..  Finally, do your Wait List Update. 

Annual Review of Plan (See Affirmative Marketing Tracking Sheet 3-39c):
As stated above, this should occur once yearly, and should be documented using the
Affirmative Fair Housing Marketing Tracking Sheet (3-39b).  This form will allow you to note any obsolete contacts that may need replacement.

3-year (USDA) or 5-year (HUD, CHFA, DOH, LIHTC) Review (Using AFHMP Update Worksheet 3-39b):
You will be contacted when your site's Plan is due for review.  If for any reason you are not contacted, and you believe your Plan is due for review, please email the ADPM (me) for instructions.  

HUD requires that plans be reviewed every 5 years, and updated only if that is required.  If the demographics have not changed, and your contacts are current, the plan may not require any changes.  I will simply review the plan and provide you with documentation that the plan requires no changes.

USDA requires that plans be updated every 3 years, which means that you require a new complete Plan.

The Update Process:
For the most part, updates will be completed by the ADPM (me).  It is imperative that all your information in OneSite is accurate and current.  Demographic information regarding race, ethnicity, and disability status is required for the Plan.  I pull the demographic reports from OneSite when completing the Plans.

DOH sites and others not using OneSite, you will be asked to provide demographic information on your applicants and residents. 

If the plan requires updating, you will also be asked to provide a digital color photograph of the site sign, as well as information on the dimensions of the logos on the site sign. 

Once a final draft is completed, it will be emailed to you for review.  Finally it will be sent to the regulatory body for approval.  You will have a copy on site; be sure to keep the approved plan on file.

Failure to Update as Required:
Please note that failure to perform the steps required can result in a finding on your Management Review / USDA Compliance Review.  

Additional Marketing:
Remember, the AFHMP targets your least likely to apply.  If you are finding that your wait list is dwindling, you may also want to undertake additional marketing to those most likely to apply.  You can do that whenever you like, and as many times as you like.  You must, at a minimum, complete your AFHMP advertising yearly.  Speak to your Regional Manager if you believe your site needs to do additional marketing to add to your Wait List.

Questions:
If you have any questions, please be sure to direct them to your Regional Manager / Assistant Director of Property Management / Director of Property Management.   

Reasonable Accommodations Revisited

Few aspects of our business seem to generate the confusion, frustration, and discussion that Reasonable Accommodations do.  And few can get us into as much hot water.  I find that every few months or so, it's a good idea to review some of the main points of this tricky aspect of property management.


A Request, in Any Other Form, Would Smell Like a Request:
A requester does not need to fill out the exact forms we use in order to be making a request.  Don't ignore something just because the resident didn't specifically say "I want a Reasonable Accommodation."  A letter from a doctor, a casual remark, a comment to the Super, etc. can all be deemed to be requests.  At the very least, casual remarks open the door for you to say, "You mentioned to the Super that you have a difficult time walking from the back of the parking lot to the building.  I wanted to review our Reasonable Accommodation policy with you so that you can decide whether you would like to make a request."  Alternatively, if your site has a Resident Services Coordinator, you can ask him/her to meet with the resident to discuss whether a Reasonable Accommodation might be needed.  


When is a Verification Not a Verification:
We have all had the experience of having a doctor write out an ambiguously worded letter - something like this:

"Mrs. Jones states that she suffers from allergies caused by mold in the carpet.  It would be helpful if the carpet was removed for her."

This is NOT sufficient to serve as verification of either disability or need.  Specifically:

• The doctor is telling you that he/she is relying on statements by the resident about their condition and the cause of the problem.  We are asking that the verifier rely on their professional experience.  While we can rely on credible self-certification, this type of note isn't going to qualify as credible self-certification.

• "It would be helpful if" is not the same as "Mrs. Jones requires..."  Other phrases to watch for are "...would benefit from," "may assist with..." and "please consider..."

Sufficient verification, whether on our form or in another format, must contain the following:

• Documentation that the individual is disabled (in some cases, this is worded as the individual having a medical condition)

• Documentation that because of that disability, the requested item is necessary (not a good idea, not beneficial, and not a really nice thing to do).  

The important thing to remember here is that reasonable accommodations and modifications are changes that are necessary (not just something the individual would like) in order to permit a disabled individual an equal opportunity to live on the property, apply for housing, enjoy the facility, etc.  We, therefore, have to accommodate a need, but not necessarily a preference.  

All Requests Go Through the Assistant Director of Property Management (ADPM)
That's right - all of them.  From large print notices to walk-in showers, they all come through Pam for approval.  There are a few of reasons for this:

• It keeps our approach consistent.  The same person is always looking at them, and I have the knowledge of how we've responded to similar requests at the same site, as well as across the portfolio.

• It keeps the response objective.  We all have residents, applicants, family members, etc. that can push our buttons.  An arms' reach approach to approval helps to protect site staff from allegations of favoritism or unfair denials.

• It allows documentation and monitoring of our efforts.  All Accommodations and Modifications are tracked, and reported on monthly.  The Assistant Director of Property Management (Pam) and Director of Resident Services (Lee) work together to ensure that all requests have been completed appropriately, and to offer support for those that are more challenging than others.  

Remember, before forwarding a request to Pam, ensure that you have the following:

• A clear request that states what specifically is being asked for; AND
• A verification form that is complete, i.e., has answers to both the question of disability and the question of need.  

          OR

          A note from a verifier that addresses both areas listed above; 

          OR

• A clear request that states what specifically is being asked for; AND
• A Confirmation of Known/Obvious Disability and Need for Accommodation of Modification

Never Say Never:
When a resident asks us for an accommodation, we will almost never say, "No."  Reasons for a simple denial include 1) A verifier stating that an individual does not qualify as disabled, or 2) A verifier stating that an individual does not need what they're asking for.  Even in those circumstances, the answer is going to be somewhat complicated - it is likely to look like this when it comes from Pam:

"...your verifier stated that you were not disabled, and that you did not require...if you wish to submit an alternate name for a verifier, please do so no later than..." and so on.  

If the issue is that we have found a particular request to be an undue burden, or to be unreasonable for another reason, the response is likely to be something like this:

"...we have determined that the item you requested constitutes an unreasonable administrative and financial burden.  The site does not have the funds to support what you have requested.  Further, we are unaware of any grant funding which would allow us to complete this.  Finally, we do not have sufficient staffing to dedicate solely to obtaining funding for this project.  Therefore, we will offer you the following alternative..."

Basically, you are almost always going to be saying "No, but..." rather than "No."  You must enter into an "interactive dialogue" with the resident in order to arrive at something that everyone can live with.  It's the difference between trying to avoid action, and actively trying to solve the issue.  


The Financial Burden that Isn't:
Always remember that your definition of a financial burden, and your regulatory body's definition of a burden, can be two vastly different things.  Basically, a financial burden means that the cost is so high that it would compromise the financial health of the facility.  

Example:
Green Field Apartments is a 100-unit site with $45,000 in its Reserve Account.  The most recent Comprehensive Needs Assessment (CNA) shows that the property's roof is due to be replaced, it has several areas of unsafe concrete that need to be addressed, and the parking lot needs some work.  They are applying for grants for some of the items, but anticipate more than $40,000 will come out of Reserves for necessary work in the next three years.  Deposits right now are only $5,000 a year.  The boilers are almost at the end of their useful life, and the property has had three water heaters go in the last year.  

A resident puts in a request for a walk-in shower.  The estimates put the cost at somewhere between $5,000 - $7,000.  

This property could make a good argument for a financial burden.  The capital projects that are being planned are not optional, and likely could not be put off.  In addition, there are several more projects that will need to be undertaken, and deposits to reserve are low compared to the need.  In addition to examining its budget, this property will likely need to carefully examine any Reasonable Accommodation requests.  One option here might be to install a tub cut, which would likely cost under $1,000 and may bring the needed access.  

Example:
Plush Park is a 300-unit complex with more than $500,000 in Reserves.  It just completed grant work to install a new roof, new boilers, and new windows.  The parking lot is in great shape, and they weathered the last winter with very little concrete damage.  They have been doing cycle painting and replacement of carpeting, budgeting for some each year.  This seems to be working well.  There are no major capital projects planned at present.  

A resident puts in a request that her carpeting be removed and replaced with something that will not aggravate her breathing issues.  She asks for Italian marble flooring.  The site confirms with the verifier that Italian marble is not necessary; the resident's physician states that anything other than carpet is OK.

Estimates for the carpet removal and replacement with vinyl come in at about $3,500.  This facility will not be able to justify this as an undue burden, but will be able to deny the Italian marble.  They will advise the resident that they can offer replacement of the carpet with vinyl sheeting, their standard option, instead.  

The analysis of financial and administrative burden is something that will be normally be done with your RM and the ADPM.  When submitting a request that you feel is an undue burden, be sure to include sufficient information in your email to explain why you believe that.  This will facilitate review of the request.  


Document, Document, Document:
Remember, if it's not in writing, you're going to have a hard time proving it.  Make sure you document relevant conversations, emails, notes, etc.  Be sure to note date, time, name of any individual you spoke with, etc.  

Also remember there are some things that should not be put in a written record.  You are entitled to your personal viewpoints and feelings, but they don't belong in factual documentation.  For instance, a resident's remark that she believes her neighbor doesn't have a disability because she sees her walk to the garbage room isn't documentation of the lack of a disability.  It may be the basis for a conversation with the commenter, though! 

If you're unsure about whether something should be part of the official file, ask.  


It's Not Personal:
Dealing with Reasonable Accommodations can be challenging, to be sure.  This is especially true when it's that resident - the one who is often difficult, rarely seems to be satisfied, and takes a lot of time to deal with.  The bottom line, though, is that it's not personal.  Reasonable Accommodations are required of us.  If you're in federally-funded housing, they are required to be done at the property's expense, and can only be refused under certain circumstances.  

Do people take advantage of that?  Yes.  But the vast majority of people who ask for accommodations and modifications need them due to disabilities or medical conditions that result in a need.  Your responsibility is to verify as required, and consult with your Regional Manager, the Assistant Director of Property Management and/or other staff as appropriate.


A Final Note:
Elderly Housing Management takes Fair Housing seriously.  We actively work to ensure compliance, and Reasonable Accommodations and Modifications are part of that.  It's important to not only understand your requirements, but also to ask for help when it is needed.  Don't hesitate to contact your Regional Manager, the Assistant Director of Property Management, or the Director of Property Management when you need assistance.  We're all working towards the same goal, and it's always better to prevent a problem than respond to one.  

Pot, Providers, Pests, and a Picnic!

Thought I'd provide a brief recap of Tuesday's Regional Meeting...

Medical Marijuana:

Although medical marijuana is now legal in Connecticut, it is important for providers of federally-funded housing to remember that it is still considered illegal by the federal government.  

Refer to this blog's June 2nd post regarding guidance on medical marijuana.  ALL concerns regarding applicant / resident use of medical marijuana MUST be brought to the attention of the RM, ADPM and/or DPM.

The powerpoint from Tuesday's training is available for download here.

Provider Services:

Charlie Barratt (Resident Services Coordinator for Orford Village) gave us an overview of services available for low-income residents.  He had good news regarding Social Services; while they've had their share of challenges lately, the situation has improved.  

As always, the goal of working with community providers is to keep residents happy, healthy, and safe in their homes for as long as possible.  To that end, it is important that Administrators and RSCs work as a team.

Pests:

Waltham Pest Services provided information on bedbug control.  It is important to remember that bedbugs are secretive insects; they will hide in numerous spaces such as seams in furniture, behind electrical outlets, in screw holes, and in the folds and seams of clothing, upholstery, or luggage.  

It is essential that residents are aware of, and comply with, treatment requirements such as bagging items  and leaving them sealed until all treatments have been completed.  Other steps may include disposing of items that cannot be treated, and laundering clothing appropriately.

It is essential that Residents and Management follow EHM's pest prevention policy.  It is always better to be proactive to the maximum extent possible when dealing with bedbugs.

One suggestion Waltham provided was to ensure that when having furniture delivered, always ask to be the first delivery of the day, in order to avoid having new furniture contaminated by other furniture picked up for disposal during stops.  

Picnic!

Lunch was a "pot luck" which featured hot dogs, hamburgers, and an absolutely stunning collection of various salads, side dishes, and desserts.  Yum!  Due to the rain, we were relegated to inside, but that d

idn't do much to dampen the picnic spirit.  Thanks to all who shared your culinary talents!

Thanks to the staff at Woods Edge / Oak View for hosting our Regional Meeting, and for all the work that goes with setup, cleanup, and cooking!  

Medical Marijuana

A short time ago, we encountered our first resident with a prescription for medical marijuana. It won't be the last time. Medical marijuana is here, and is legal in both CT and MA. There is a fairly complicated online registration process for both. Conditions that may result in a prescription for medical marijuana include: 

• Cancer 
• Glaucoma
• Positive status for Human Immunodeficiency Virus (HIV) 
• Acquired Immune Deficiency Syndrome (AIDS) 
• Hepatitis C 
• Amyotrophic Lateral Sclerosis (ALS) – also known as Lou Gehrig’s disease 
• Crohn’s Disease 
• Parkinson’s Disease 
• Multiple Sclerosis (MS) 

Medical marijuana may also be prescribed for other conditions as determined in writing by a qualifying patient’s physician. 

It is very important for Administrators to understand the distinction between state and federal law. While state law permits use of medical marijuana, federal law considers any use of marijuana to be a crime - whether or not it is prescribed. 

Applicants in federally funded housing (including LIHTC sites) who are discovered to use medical marijuana MUST BE REJECTED, without exception. 

When a resident in federally funded housing is found to be using medical marijuana, the facility has the discretion as to whether or not eviction is appropriate. Several factors will be considered in this instance, including the level of disturbance to neighbors, and whether or not the resident can use it in a non-smoked form. Medical marijuana is never permitted as a deductible medical expense in federally funded housing. 

For state funded facilities, legal use of medical marijuana is just that - legal. 

Smoking of any substance in a non-smoking facility is an issue. 

Further information on this topic will be provided at the upcoming Regional Meeting. 

If you receive information that indicates an applicant or resident in federally funded housing is using medical marijuana, please consult with your Regional Manager and/or the Assistant Director or Director of Property Management immediately. 

Helpful Links:
HUD Medical Marijuana Memo (2014)
CT Medical Marijuana Information
MA Medical Marijuana Information

Valentine's Day in the Juniper Hill Village Dining Hall

As you all know, our communities are more than just "bricks and sticks."  At EHM, we believe that our Residents don't live in our workplace - we work in their home.  That philosophy is brought to life in so very many ways in our communities on a daily basis.  As we approach Valentine's Day, I wanted to show you one very creative (and tasty) way that one community is showing that the facilities we manage are more than just buildings.

If you've spent a day at Juniper Hill Village, you've very likely experienced what their meal program has to offer.  The dietary staff at JHV makes some incredible food, and Artie is always happy to demonstrate what he and his staff can do.  As any of you with meal programs know, it's always a challenge to prepare nutritious and tasty meals on a strict budget.  The JHV staff rise to that challenge and often make it look far easier than it is.  

Take a look at what they're preparing for Valentine's Day!

Wow.  I think you'll all agree that this looks DELICIOUS!  Kudos to the JHV dietary staff for always going above and beyond for the residents they serve.  

Forget going out to dinner with the hubby, I think I'm just going to sneak on into JHV for dessert! ;)

Want to show off what your staff does that makes your site special?  Email your story and pictures to Pam

Confidentiality: Pitfalls and Best Practices

Confidentiality is of paramount concern when dealing with Resident information. In the daily hustle and bustle of the office, it's easy to overlook some of the risks that present themselves. We must, however, always make an effort to keep confidentiality in mind.

What is considered to be confidential?  
Confidential information includes dates of birth, social security numbers, bank account information, medical providers, pharmacy contacts (and in some cases, the names of medications), and other personal information. There are federal and state laws which require careful handling of this information.

Physical Safeguards:
Whenever you leave the office, ensure that the office door is closed and locked. When you leave for the day, ensure that all resident files and other confidential information is secured in a locked cabinet, and the office doors are closed and locked. Compartmentalize information. Resident financial information should not be kept in the same file cabinet with maintenance records needed by the Superintendent. Ensure that file cabinets are accessible only to those people who need that information. Secure the keys so that unauthorized persons do not have access.

Other Safeguards:
Under no circumstances should one Resident's personal information be discussed with another Resident. This includes information about Residents who are in a health care facility. Do not share information about a Resident without their express written permission. Do not post information on a common board that indicates that a Resident may be away from the facility.  If you are asked to share information by a Resident or their designee, use care when deciding what to share and what not to.

Always ensure that you have proper authorization before sharing information about a Resident with another person. This includes Resident Service Coordinators, Police and other EMS personnel, healthcare providers, and others - including, sometimes, the Resident's family members.

Remember that sharing financial information with the RSC requires the Resident's authorization. You are NOT permitted to share EIV information with anyone other than the Resident. If you provide the Resident with a copy of their EIV print-out, mark it "copy," and document in the tenant file that you have provided a copy to the Resident.

What if There's a Breach?
Report any breach of confidentiality to your Regional Manager immediately so that he/she may begin to work with you to address it.

Reasonable Accommodation Pitfalls and Best Practices

Few aspects of property management generate more angst, irritation, agitation, and worry than Reasonable Accommodations / Modifications. In order to help in starting the New Year off right, I thought I'd take some time to touch on some of the important elements of this challenging aspect of our job:

1. ALL REASONABLE ACCOMMODATIONS are to come to me - including the ones
    you believe are "obvious and known." I will work with you to assess what needs to be
    verified and what doesn't.  This is in order to keep our approach consistent.

2. I cannot make a determination of whether we can approve without all the needed
    information. This means that if a doctor / verifier does not fill out form completely,
    I am going to send it back to you in order to clarify. In order to avoid delays,
    follow up with the verifier to ensure the form is completed before you send it to me.

3. A verifier need not be a physician.  They need only be qualified to make the
    determination.  If you are unsure as to whether someone can serve as a verifier,
    please check with me.

4. A doctor's note is acceptable ONLY if it verifies that the resident a) qualifies as
    disabled and b) needs what they're asking for. "Mary tells me she needs..." 
    "...would benefit  from..." or "Please consider..." is likely to be insufficient.
    If you receive a letter like this, it's a good idea to have the resident sign a
    verification form so that we can easily get more info if needed. Send the letter to me,
    and if we need more info, I'll let you know.

5. "It's too expensive" is not necessarily a reason to refuse. HUD / USDA may have
     a very different definition of that than you do. If you believe a request constitutes a
    burden, let me know and I'll talk with you to see what we deem reasonable.

6. Let me know any pertinent facts when you email me. For instance:

    Resident makes a request for carpeting to be removed and replaced with tile due to 
    allergies and chemical sensitivity. She insists that only ceramic tile will suffice. 
    Her physician confirms the need for replacement of the carpeting; but does not 
    mention anything about the tile. The Administrator is aware that apartment is not 
    compliant with housekeeping standards, and there is lots of dust, etc. in the
    apartment. The Resident also has a cat. 

    When you email me the forms, you should include some information for me, such as:

    Pam, Attached is a RA request for Mrs. Smith. Her request only mentions removing 
    carpeting but she has said that she needs ceramic tile. Apartment failed last 
    housekeeping inspection due to a large amount of dust. This resident also has a cat. 
    Could you please call me to discuss? 

    If you believe the information is best discussed with me on the phone, you can simply
    write something like this:

    Pam, Attached is a RA request for Mrs. Smith. I would like to provide 
    some additional information before you make your determination. Could you 
    please give me a call?

7. RSCs can verify the existence of a disability and the need for an accommodation in
    most cases.  There are some cases where they have been instructed not to verify.
    That determination is made by Lee. If you disagree with your RSC's conclusion,
    let me know so that Lee and I can help reconcile the information and help determine
    the best course of information.

8. When working with disabled residents to accommodate their needs, we should always
    be looking for how we can be helpful, not how we can avoid making changes. That
    being said, we are looking to do what is REASONABLE, and what is NEEDED,
    not necessarily what meets the resident's personal preference. We can say no, but
    we can only do so under specific guidelines. Always speak with your RM or me if
    you are unsure of anything.

9. Be aware that a casual comment can be construed as a request. The resident need
    not say "I am disabled," or "I need a reasonable accommodation" or put their
    request in writing when they bring it to your attention. It is up to you to be alert for
    any indication that a resident has asked for an accommodation.
 
    Examples of "requests" that may be harder to discern are:

    "The knobs on this stove are so hard to turn! With my arthritis I can hardly 
    work them." 

    "Whew, I had to park really far away today - I can hardly breathe, and I had 
    to stop three times on the way to the entrance!" 

    When you hear a comment like this, it's appropriate to take the resident aside and
    advise that if they believe that they need a change to something because of a medical
    or disability-related need, we have a process that allows that to be done. You can
    assist them with filling out the request, or advise them that you will have the RSC
    follow up with them to see how we may be able to help.

Reasonable Accommodations are not always easy to navigate through.  If you have any
questions, or need assistance, please feel free to ask!

Are You Experiencing OneSite Issues?

If you are experiencing issues using OneSite this week, here's why (from our OneSite logon page):

 OneSite ProductsOn December 9th, Microsoft released a security update for Internet Explorer (MS14-080) which introduced instability issues with a number of internet applications, including OneSite. Microsoft has not publicly confirmed awareness of the issue but RealPage has confirmed a roll-back of the update resolves the issues that have been reported to us. Any customers that have installed the MS14-080 update are likely to experience accessibility issues within OneSite. We will continue to work directly with Microsoft to resolve this issue and will post updates as we receive them. Please refer to Microsoft’s knowledgebase article for a description of the MS14-080 patch and its implications: https://technet.microsoft.com/library/security/ms14-080

If you're thinking "What the heck did I just read??" you're probably not alone.  Allow me to translate.  One of the updates to Microsoft Windows was a security update to Internet Explorer.  Most of you probably have Windows updating automatically, so it was probably installed and you didn't notice.  That update, however, is resulting in some glitches within OneSite. 

Before we begin -  IF YOU ARE NOT EXPERIENCING TROUBLE ACCESSING FUNCTIONS IN ONESITE, DO NOT CHANGE ANYTHING.

If you are having issues, however, you need to uninstall the update that caused the issue.  The instructions and screenshots below are based on Windows 7; if you are using a different operating system, your system may be slightly different.  If you need assistance, please email your RM or Pam (please email rather than call, as we may have several people needing assistance, and it will be easier for us to work through the list).  

Here's how to fix this issue (click on the pictures for a larger view):

1.  First, click on the "Start" button over there in the lower left-hand corner of your Desktop.

2.  Next, click on "Control Panel."

3.  Next, click "Uninstall a Program"

4.  Now, click "View Installed Updates"

5.  Now, you'll need to look for the file we're going to uninstall.  Under the "Microsoft Windows" heading, look for KB3008923.  It will have an install date on or around 12/09/2014.  

6.  Once you find that file, right-click on the name, and click "Uninstall"

7.  You will be prompted to confirm that you're sure that you want to uninstall.  Click "Yes."

8.  From here, you will need to restart your computer.  OneSite should be fully functional after that.

VAWA - Not Just for Section 8 Anymore...

Did you know that when VAWA was renewed in 2013, its applicability was expanded? Yes indeed. VAWA, the Violence Against Women Act, protects victims of stalking and domestic violence (whether or not they are women). The facts about domestic violence and stalking are alarming. Although women are disproportionately victims, men are not immune. 

According to the National Task Force to End Sexual and Domestic Violence: · 

• Nearly one in five women and one in seventy-one men have been raped in their lifetime. ·

• Women are four more times more likely than men to be beaten, six times more likely to be slammed against something, and nine times more likely to be hurt by choking or suffocating.  

• One in six women nave been stalked during their lifetime; one in nineteen men have experienced stalking in their lifetime. 

Housing Programs covered by VAWA now include: 

• HOME Investment Partnerships program · 
• Section 202 supportive housing for the elderly (including PAC and PRAC) · 
• Section 236 Rental Program
• Section 811 supportive housing for people with disabilities
• Section 221(d)(3) Below Market Interest Rate (BMIR) Program
• HOPWA housing program
• HUD's McKinney-Vento homeless programs · 
• Low-Income Housing Tax Credit properties
• USDA Rural Housing properties 

What are the protections offered by VAWA? As of 2013, VAWA does the following: · 

• Prohibits eviction / termination due to a tenant's status as a survivor. Landlords must maintain survivor tenant confidentiality. Landlords must not deny assistance, tenancy, or occupancy rights based solely on criminal activity related to an act of domestic violence committed against them. · Includes victims of sexual assault in its protections, and ads the term "intimate partner" to the list of eligible relationships. This includes anyone living with the survivor and related to him by blood or marriage - spouse, parent. brother, sister, child, or anyone to whom the survivor stands in loco parentis

• Permits lease bifurcation in order to allow the abuser to be removed from the household without removing the victim. If the victim cannot establish eligibility, he or she must be given a reasonable amount of time in which to find new housing or establish eligibility under another covered housing program. · 

• Housing providers must provide a VAWA "notice of rights" at the time a person applies for housing, when a person is admitted as a tenant of a housing unit, and when a tenant is threatened with eviction or termination of housing benefits. 

• HUD is expected to issue guidance on what "notice of rights" and "reasonable time" mean at some future point. However, this does not mean that we should wait to provide the protections. VAWA is in force now, and we should act accordingly. Ensure that your Residents have signed the VAWA Lease Amendment (If your residents have not signed, you can obtain it here. They should sign it at their next Lease renewal. Each adult family member need only sign it once). 

In addition, please add the following document, now on the Compliance Blog, to your application packet: 

Notice of VAWA Protections 

VAWA forms are also on the Forms and Procedures page of this blog, in the Application Packet and Lease sections.

The Sixth Sense EHM Style - "I See Fair Housing Testers"

Stay in this business long enough, and you'll have the experience of getting an inquiry that you're sure doesn't come from a "regular" applicant.  Instead of asking the questions you're used to, they may seem more savvy.  They may use terms that seem too much like industry jargon, or they may inquire about things that your average applicant just doesn't ask about.  Something like this:

STAFF:  "Good afternoon, Green Hills Apartments, this is Sally.  May I help you?"

CALLER:  "Yes, I'm twenty-eight and I am disabled.  I'm wondering if I qualify to live there."

STAFF:  "We have an application packet that discusses our eligibility criteria.  May I send one to you?"

CALLER:"Well, you're elderly housing, right?  So I'm wondering first what definition of disabled you use." 

Right about now, Sally is starting to get that prickly feeling on the back of her neck.  'Oh, I HATE it when people ask questions like this,' she thinks. She doesn't want to not answer, and be seen as rude, but she doesn't want to say the wrong thing.  And after all, your average applicant doesn't ask 'what definition of disability do you use?'  Could this be a tester?

The short answer is, yes.  

HUD's 2015 budget includes an increase of $10 million for the Fair Housing Initiatives Program, and a large focus of the increase will be the study of discrimination in housing.  How does one study discrimination in housing?  In large part, though testing.  

Testers contact sites and, among other things, request applications and inquire about the housing.  They may visit in person, call, or possibly even write.  They may be of any race, color, or other protected class status.  They can come at any time.  For all I know, we may be tested regularly.

So what do we do?

The simple answer is, if you don't discriminate, you've got nothing to worry about.  How do you accomplish that?  Here are a few tips:

1.  Have a site script, and use it.  You should have the site script posted where you can get 
     to it easily if you need it.  Don't take for granted that you know what to say and what not 
     to say.  Remember, if there is a Fair Housing complaint, it's often your word against the 
     other person's.  Having a site script that you use for every call goes a long way to        
     demonstrate what your answers are to particular questions.

2.  Do not answer eligibility questions over the phone at any point before you have a 
     completed application in hand.  Get in the habit of telling people that you can't answer 
     any questions about whether or not someone qualifies until you see an application.  If 
     you have someone who says that they don't want to apply unless they know they will 
     qualify, tell them that company Fair Housing policy prohibits you from answering those 
     questions over the phone or before you've provided an application.  Once you've sent or 
     provided an application, there is a little more leeway.  If you get backed into a corner, 
     and feel you run the risk of discouraging an applicant if you don't answer the question, 
     read directly from your facility description (included in your application packet), or refer          to your site script, which may contain the answer to the question.  Again, the best     
     answer is, "We don't discuss whether a particular individual may or may not qualify 
     without an application on file."  

3.  Make sure your staff is trained.  Ensure that all individuals who answer phone calls 
     and/or deal with the public know what they can and cannot say.  Individuals with limited 
     knowledge and Fair Housing training should know that they should not answer any 
     questions about eligibility, wait lists, or applications - those questions should be referred 
     to the Administrator, Assistant Administrator or Occupancy Specialist, depending on site 
     staffing and training level.

Some other Fair Housing tips:
1.  Make sure maintenance, housekeeping, kitchen, or other staff are aware of Fair 
     Housing, too.  While they may not require the amount of Fair Housing training that an 
     Administrator does, they should, at a minimum, know what they should or should not say 
     to or around residents. A good bridge to this is the Non-harassment policy that they are 
     required to sign.  An easy way to ensure that you do this regularly is to make it part of a 
     staff meeting on an annual basis.  It doesn't have to be complicated - just have them 
     review the Non-harassment policy and give them an opportunity to ask questions.  If you 
     find that your staff has a lot of questions or concerns, I'm happy to come and speak with 
     them.

2.  Check your postings on a regular basis.  Are they worn or faded?  Can a person in a 
     wheelchair read them easily at the height they're posted?  Are they all there?  Are they 
     current?

     Postings can be found here:
     State:
     CT "Discrimination is Illegal" Poster (English)
     CT "Discrimination is Illegal" Poster (Spanish)


     HUD:
     FHEO "house" logo poster.  You can order one or make your own.  The logo can be      
     found in different formats and sizes here.
     HUD Fair Housing Poster (English)
     HUD Fair Housing Poster (Spanish)
     This poster is also available in Arabic, Bengali, Cambodian, Chinese,  Farsi, 
     French, Haitian, Creole, Hindi, Hmong, Japanese, Khmer, Korean, Lao, 
     Polish, Russian, Tagalog and Vietnamese.  

     You should have it in any language spoken at your site. 

     Other optional HUD handouts and postings can be found here.  

     USDA:
     And Justice For All poster

3.  If you don't know what to do, don't guess - ask for help.  Call your Regional Manager, 
     me, or Tammy if you aren't sure about something.  Fair Housing mistakes can be costly.      Don't be afraid to tell someone "I'll have to get back to you on that" if you need to get 
     further guidance.

Remember, if you are always acting in compliance with Fair Housing guidelines, you will not have anything to worry about should a tester come your way.