Alleged Housing Advocate Group Seeks Quick Profits from Landlords

Tuesday, August 23, 2016 9:11:23 AM

TMHA has recently been made aware of a company confirmed to be operating in Texas that has filed numerous complaints against landlords in an effort to compel a conciliation agreement and payout to the company in the range of approximately $1,250. The companies CityVision and Fair Housing Advocates, Inc. are alleged to be engage in a practice of calling apartments, and at least one manufactured home community, as “testers.” The “tester” on the phone call will ask the property manager about pet deposit polices for therapy animals. If the representative of the property improperly says their policy would still require a pet deposit the company, then sends the owner a notice of a Fair Housing violation with a settlement offer. If the settlement is not agreed to the “advocates” then file a Fair Housing complaint either federally with HUD or with the state. TMHA has learned that the Fair Housing Advocates, Inc. has filed numerous such complaints with the Texas Workforce Commission Civil Rights Division.

The practice appears to be a method of extracting quick settlements from property owners since the offer to settle is less than the cost of going through an investigation by HUD or the Workforce Commission. There are those who are challenging the Fair Housing Advocates, Inc. standing to bring such claims as well as their assertion of damages.

While private actions of “testing” have been previously recognized by the courts, for these particular outfits it is unclear the extent the companies do anything other than testing and filing complaints to achieve settlement profits.

TMHA is aware of a complaint being filed with the Texas Workforce Commission on the practices of the Fair Housing Advocates, Inc. asking that agency to further investigate their practices, claims, and analyze their recent high volume of complaints filed.

Again, TMHA knows of at least one member who owns a community is East Texas who was “tested” by the Fair Housing Advocates, Inc. and they then submitted a complaint to the Workforce Commission. Currently, most of these efforts appear, to be focused in East Texas, but TMHA has a growing concern if there is in fact a profit motive for these companies their presence will be felt elsewhere in the state.

In one particular case, once a complaint was opened and the Civil Rights Division investigator assigned, the investigator required the property owner to provide:

  1. A sign and notarized statement addressing the allegations in the complaint.
  2. Affidavits from all witnesses with first-hand knowledge of the allegations.
  3. A telephone interview.
  4. Copies of policies and procedures regarding pets, including fees and restrictions.
  5. Copies of policies and procedures regarding reasonable accommodation requests.
  6. Copies of policies and procedures regarding service/emotional support animals.
  7. Copies of policies and procedures regarding implementing fair housing.
  8. Property description
  9. Description of all the properties owned or managed.
  10. Copies of the Rent Roll, or identify each tenant by disability status.
  11. Copies of approved and denied accommodation requests in the last year
  12. Copies or listings of pets, service animals, and/or emotional support animals at the property for the last six months.
  13. Any additional information, documentation, evidence and/or witness statements believed to support the property owner’s position.

TMHA encourages all of our community members to review their internal policies and practices related to Fair Housing, as well as review with managers and other staff the proper application of those policies. TMHA would also like you to contact us if you have also been subject to such claims by either of the companies mentioned or other similar companies.