The Fair Housing Act provides an affirmative right to persons with disabilities to reasonable accommodations. A reasonable accommodation is a change in a rule, policy, practice, or service that may be necessary to allow a person with a disability the equal opportunity to use and enjoy a dwelling. Failure to provide a reasonable accommodation may be construed as disability discrimination. A housing provider must grant a requested reasonable accommodation if it is necessary to accommodate the disability and does not create an undue financial or administrative burden for the housing provider.

A housing provider in assessing whether the reasonable accommodation request would cause an undue burden upon his business must consider a variety of factors, such as the expected cost of the requested accommodation, the provider’s financial situation, and the availability of alternative accommodations that would meet the disability-related needs of the requester.

Reasonable accommodation requested submitted to the housing provider that pose a direct threat to the health or safety of other individuals can be denied by the housing provider. The contagious nature of infection with COVID-19 may require a housing provider to conduct an individualized assessment of the situation with medical guidance from the Centers for Disease Control and/or state and local public health agencies before making a determination of direct threat.

There are differing opinions of whether COVID-19 is or should be considered a fair housing disability. It may be that determination of disability due to COVID-19 under Fair Housing Act standards will ultimately be decided by the courts. However, it is important for a housing provider to follow fair housing disability protections in all aspects of property management. Disabled persons cannot be treated less favorably than able-bodied persons in housing or housing-related matters.

A publication from one fair housing organization suggests that persons who currently have COVID-19, those who have a history of having COVID-19, and those who are perceived as having the virus may have fair housing protections under the federal Fair Housing Act and other civil rights laws, Another opinion holds that persons with COVID-19 who do not have underlying health conditions, while experiencing temporary illness for a short period may not be regarded as having a disability protected by the Fair Housing Act. However, a temporary disability if severe enough to substantially limit major life activities is not excluded from disability coverage under the Fair Housing Act.

Many persons who contract COVID-19 have debilitating symptoms which can aggravate existing health conditions to cause disability or those persons may even experience new health conditions brought on by COVID-19.

The Fair Housing Amendments Act which added disability as a protected class, defines a person with a disability as:

• Someone with a physical or mental impairment that substantially limits one or more

major life activities;

• A person who has a record of such impairment; or
• Is regarded as having such an impairment.

Factors to be considered in determining substantial limitation of major life activities include the nature and severity of the impairment, the duration or expected duration of the impairment, and the permanent or long-term impact of the impairment.

Disability is established when a person has a record of an impairment, as examples in this case, a person who has recovered from COVID-19, or who has been exposed to the virus and must quarantine according to public health guidances.

Disability discrimination protections also apply to persons who are regarded as having a disability. Persons may not have impairments but are perceived or treated as if they have a disability. If COVID-19 is qualified as a disability, a housing provider who refuses to rent to an applicant or who refuses services to a tenant because the provider mistakenly believes the person has COVID-19 could be subject to claims of illegal discrimination.

A housing provider should follow his standard practices regarding disability protections. A provider may not ask an applicant or tenant if he has a disability, the nature of his disability, the severity of a disability, how the disability was acquired, and medications the applicant/tenant takes.

The COVID-19 pandemic has raised fair housing concerns, particularly on the basis of race, national origin, disability, and age. There have been reports that housing providers have refused to negotiate with persons that the provider perceived, on the basis of race or national origin, to be associated with an area where a COVID-19 outbreak is or has been prevalent. Discriminatory treatment of persons with disabilities and older persons in housing and housing-related services has also been reported during this pandemic period.

The U.S. Department of Housing and Urban Development (HUD) issued a Statement on Fair Housing and COVID-19 which “reminds housing providers and the public at large of important federal fair housing laws that protect persons from discrimination, including harassment and intimidation, in housing and related services on the basis of race, color, religion, national origin, sex, familial status, and disability.” State and local fair housing laws provide anti-discrimination protections to additional classes including disability and age.

Some housing providers, in an effort to help prevent the community spread of COVID-19, have refused tenancy to persons whom the provider perceived to constitute a direct threat to the health and safety of other tenants. The determination of a direct threat cannot be based upon a generalized fear, or a stereotyped assumption about an individual who is a member of a protected class.

The Fair Housing Act, other federal laws, state and local fair housing laws, and civil rights laws prohibit the eviction, turning away or harassment of a person in housing because they are profiled, on the basis of race, national origin or other protected class, to be associated with COVID-19.

Housing discrimination such as the unlawful denial of housing, inquiries about whether a person has COVID-19, or limitations and restrictions to access to housing or housing-related services because of COVID-19 concerns may constitute illegal discrimination.

The U.S. Equal Employment Opportunity Commission (EEOC) recently updated its previously published pandemic guidance, “Pandemic Preparedness in the Workplace and the Americans With Disabilities Act”, to incorporate new information for employers regarding the COVID-19 pandemic.

Additionally the EEOC has released updates to its publication, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws” to provide supplemental guidance to employers on COVID-related workplace issues.

The EEOC is the federal agency that enforces workplace anti-discrimination laws, including the Americans with Disabilities Act (ADA), the Rehabilitation Act, Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, and the Genetic Information Nondiscrimination Act.

The ADA and the Rehabilitation Act regulations are applicable during the COVID-19 pandemic and do not interfere or prevent employers from following the guidelines and suggestions made by the Centers for Disease Control and Prevention (CDC) or state, local public health authorities regarding steps employers should take to protect workplace safety during the COVID-19 pandemic.

As guidance from the CDC and public health authorities continues to change in response to new information about COVID-19, employers should follow the most current public health information for maintaining workplace safety while maintaining compliances with EEOC anti-discrimination laws.

The following questions and answers are excerpted from the EEOC guidances for employers regarding EEO laws and COVID-19 issues in the workplace.

Hiring and Onboarding

If an employer is hiring, may it screen applicants for symptoms of COVID-19?

Yes. An employer may screen job applicants for symptoms of COVID-19 after making a conditional job offer, as long as it does so for all entering employees in the same type of job. This ADA rule applies whether or not the applicant has a disability.

May an employer take an applicant’s temperature as part of a post-offer, pre-employment medical exam?

Yes. Any medical exams are permitted after an employer has made a conditional offer of employment. However, employers should be aware that some people with COVID-19 do not have a fever.

May an employer delay the start date of an applicant who has COVID-19 or symptoms associated with it?

Yes. According to current CDC guidance, an individual who has COVID-19 or symptoms associated with it should not be in the workplace.

May an employer withdraw a job offer when it needs the applicant to start immediately but the individual has COVID-19 or symptoms of it?

Based on current CDC guidance, this individual cannot safely enter the workplace, and therefore the employer may withdraw the job offer.

May an employer postpone the start date or withdraw a job offer because the individual is 65 years old or pregnant, both of which place them at higher risk from COVID-19?

No. The fact that the CDC has identified those who are 65 or older, or pregnant women, as being at greater risk, does not justify unilaterally postponing the start date or withdrawing a job offer. However, an employer may choose to allow telework or to discuss with these individuals if they would like to postpone the start date.

Return to Work

How will employers know what steps they can take consistent with the ADA to screen employees for COVID-19 when entering the workplace?

The ADA permits employers to make disability-related inquiries and conduct medical exams if job-related and consistent with business necessity. Inquiries and reliable medical exams meet this standard if it is necessary to exclude employees with a medical condition that would pose a direct threat to health or safety.

Direct threat is to be determined based on the best available objective medical evidence. The guidance from CDC or other public health authorities is such evidence. Therefore, employers will be acting consistent with the ADA as long as any screening implemented is consistent with advice from the CDC and public health authorities for that type of workplace at that time.

Employers should make sure not to engage in unlawful disparate treatment based on protected characteristics in decisions related to screening and exclusion.

An employer requires returning workers to wear personal protective gear and engage in infection control practices. Some employees ask for accommodations due to a need for modified protective gear. Must an employer grant these requests?

An employer may require employees to wear protective gear (for example, masks and gloves) and observe infection control practices (for example, regular hand washing and social distancing protocols).

However, where an employee with a disability needs a related reasonable accommodation under the ADA (e.g., non-latex gloves, modified face masks for interpreters or others who communicate with an employee who uses lip reading, or gowns designed for individuals who use wheelchairs), or a religious accommodation under Title VII (such as modified equipment due to religious garb), the employer should discuss the request and provide the modification or an alternative if feasible and not an undue hardship on the operation of the employer’s business under the ADA or Title VII.

Harassment

What practical tools are available to employers to reduce and address workplace harassment that may arise as a result of the COVID-19 pandemic?

Employers can help reduce the chance of harassment by explicitly communicating to the workforce that fear of the COVID-19 pandemic should not be misdirected against individuals because of a protected characteristic, including their national origin, race, or other prohibited basis.

Are there steps an employer should take to address possible harassment and discrimination against coworkers when it re-opens the workplace?

Yes. An employer may remind all employees that it is against the federal EEO laws to harass or otherwise discriminate against coworkers based on race, national origin, color, sex, religion, age (40 or over), disability, or genetic information. It may be particularly helpful for employers to advise supervisors and managers of their roles in watching for, stopping, and reporting any harassment or other discrimination. An employer may also make clear that it will immediately review any allegations of harassment or discrimination and take appropriate action.

Reasonable Accommodation

As noted in the Pandemic Guidance, generally, the ADA requires employers to provide reasonable accommodations for known limitations of applicants and employees with disabilities.

A “reasonable accommodation” is a change in the work environment that allows an individual with a disability to have an equal opportunity to apply for a job, perform a job’s essential functions, or enjoy equal benefits and privileges of employment.

An accommodation poses an “undue hardship” if it results in significant difficulty or expense for the employer, taking into account the nature and cost of the accommodation, the resources available to the employer, and the operation of the employer’s business. If a particular accommodation would result in an undue hardship, an employer is not required to provide it but still must consider other accommodations that do not pose an undue hardship.

An adequate discussion of reasonable accommodation in the work environment requires an understanding of various scenarios and recommendations. Such discussion would be best served in reviewing the full text of reasonable accommodation guidance in context of COVID-19, the ADA, the Rehabilitation Act, and other EEO laws as found on the EEOC’s website.

Disability-Related Inquiries and Medical Exams

How much information may an employer request from an employee who calls in sick, in order to protect the rest of its workforce during the COVID-19 pandemic?

During a pandemic, ADA-covered employers may ask such employees if they are experiencing symptoms of the pandemic virus. For COVID-19, these include symptoms such as fever, chills, cough, shortness of breath, or sore throat. Employers must maintain all information about employee illness as a confidential medical record in compliance with the ADA.

When screening employees entering the workplace during this time, may an employer only ask employees about the COVID-19 symptoms EEOC has identified as examples, or may it ask about any symptoms identified by public health authorities as associated with COVID-19?

As public health authorities and doctors learn more about COVID-19, they may expand the list of associated symptoms. Employers should rely on the CDC, other public health authorities, and reputable medical sources for guidance on emerging symptoms associated with the disease. These sources may guide employers when choosing questions to ask employees to determine whether they would pose a direct threat to health in the workplace.

When may an ADA-covered employer take the body temperature of employees during the COVID-19 pandemic?

Generally, measuring an employee’s body temperature is a medical examination. Because the CDC and state/local health authorities have acknowledged community spread of COVID-19 and issued attendant precautions, employers may measure employees’ body temperature. However, employers should be aware that some people with COVID-19 do not have a fever.

Does the ADA allow employers to require employees to stay home if they have symptoms of the COVID-19?

Yes. The CDC states that employees who become ill with symptoms of COVID-19 should leave the workplace. The ADA does not interfere with employers following this advice.

When employees return to work, does the ADA allow employers to require a doctor’s note certifying fitness for duty?

Yes. Such inquiries are permitted under the ADA either because they would not be disability-related or, if the pandemic were truly severe, they would be justified under the ADA standards for disability-related inquiries of employees. As a practical matter, however, doctors and other health care professionals may be too busy during and immediately after a pandemic outbreak to provide fitness-for-duty documentation. Therefore, new approaches may be necessary, such as reliance on local clinics to provide a form, a stamp, or an e-mail to certify that an individual does not have the pandemic virus.

May an employer administer a COVID-19 test (a test to detect the presence of the COVID-19 virus) before permitting employees to enter the workplace?

The ADA requires that any mandatory medical test of employees be “job related and consistent with business necessity.” Applying this standard to the current circumstances of the COVID-19 pandemic, employers may take steps to determine if employees entering the workplace have COVID-19 because an individual with the virus will pose a direct threat to the health of others. Therefore an employer may choose to administer COVID-19 testing to employees before they enter the workplace to determine if they have the virus.

Consistent with the ADA standard, employers should ensure that the tests are accurate and reliable. For example, employers may review guidance from the U.S. Food and Drug Administration about what may or may not be considered safe and accurate testing, as well as guidance from CDC or other public health authorities, and check for updates. Employers may wish to consider the incidence of false-positives or false-negatives associated with a particular test. Finally, note that accurate testing only reveals if the virus is currently present; a negative test does not mean the employee will not acquire the virus later.

Based on guidance from medical and public health authorities, employers should still require – to the greatest extent possible – that employees observe infection control practices (such as social distancing, regular hand washing, and other measures) in the workplace to prevent transmission of COVID-19.

In review, EEOC employer guidances for workplace safety during the pandemic should be read in their entirety on the EEOC website. The above material is for informational purposes only and employers should conduct their own due diligence on best practices for workplace safety during the pandemic. Legal counsel may be appropriate for policy formation and compliance requirements.

Prospective tenants have been accustomed to physical tours of a vacant unit to aid in their decision to submit an application. Be sure you understand and comply with state and local directives for business practices before you schedule an appointment for the prospect to tour the unit. The following suggestions may be helpful in developing a rental policy to safely handle a requested in-person tour of a vacant unit.

You should let the prospect know what precautions will be required before conducting a tour of the property and the procedures that will be followed during and after the showing. As examples:

• Showing of the unit will be by appointment only.
• Social distancing guidelines will be in effect during showing and during all contact between landlord and prospect.
• Landlord will call or text prospect from the property to let prospect know the unit surfaces have been cleaned and unit is ready for showing.
• Cleaning protocols will be in effect upon entry to unit; disinfectant wipes and hand sanitizer will be available for the prospect’s use at the property.
• Landlord will request the prospect to follow the policy of wearing a face covering during all contact between landlord and prospect including the property tour.
• Vacant unit will be cleaned and disinfected after prospect showing.
• Rental applications will be available for submission online at landlord’s tenant portal.

However you may wish to give consideration to a different practice for property tours at this time. A virtual property tour is now being used by many landlords using a video conferencing service to conduct a tour of the unit, allow the prospect to ask questions, and proceed with the application process. Instead of an individual virtual property tour, you could post a video of a virtual walk thru of each room in the rental unit to your property website.

While a landlord should take reasonable care to protect tenant health and safety, it is a tenant’s responsibility to keep his unit in good condition, i.e., the safe and sanitary condition provided to the tenant at his move-in. The tenant will need to perform his own cleaning and disinfecting of his unit. As appropriate you could refer the tenant to the Centers for Disease Control (CDC) website for information on how coronavirus is thought to be spread primarily through the transmission method of respiratory droplets, such as coughs and sneezes. Additionally the CDC website has good information on how to clean and disinfect surfaces in the home, including the “high-touch” surfaces such as light switches, doorknobs, faucet handles, countertops, sinks, and toilets.

As the landlord, you do have the responsibility to regularly clean and disinfect common areas using approved EPA recommended cleaners and disinfectants according to CDC recommended health and safety guidelines including the “high-touch” surfaces in common areas and community rooms.

As a standard rental practice, you are responsible for cleaning and disinfecting a rental unit when the tenant moves out at end of the lease term. You would follow standard practices in preparing a vacant rental unit for a new tenant as well as your newly established cleaning and disinfecting protocols.

Updating your rental plan for repair and maintenance issues to include CDC recommendations for health and safety issues and compliances with local and state guidances and directives such as social distancing should be a priority task. Changes in your maintenance repair practices to accommodate these important health and safety requirements should be communicated to your tenants. It is important that tenants understand your protective practices and the procedures for reporting and handling maintenance and repair issues.

Maintenance policies and practices during COVID-19 should clearly define what is considered essential services for emergency repairs, what is considered non-essential maintenance services and a protocol for each type of service. This information should be communicated to tenants with instructions on how to report service requests and the procedures for handling the requests.

Many landlords are prioritizing emergency type repairs at this time to help protect the health and safety of tenants, employees, and vendors. However, landlords should encourage tenants to report all work requests, whether maintenance items, or those repairs requiring immediate attention for health and safety reasons. Reporting maintenance items now can allow the landlord to include them in future maintenance scheduling when conditions return to normal.

For items needing maintenance or repair, it is helpful if a tenant could post photos and a brief narrative of the condition of the item needing service to the property’s website or tenant portal for evaluation and proper handling. Using online technologies, a landlord or a technician may be able to provide the tenant with step by step instructions that could resolve the issue without having to schedule an in-person service appointment. The uploaded information will be useful if it is later determined a service call is needed.

A landlord’s responsibility is to ensure a rental unit remains in safe, sanitary, habitable living conditions for the tenant. To do that, a landlord should work with his tenants to identify property issues that could make the property uninhabitable. Most state statutes address landlord responsibility for habitable housing to include essential provision of services for electricity, plumbing, heating, ventilation, and sanitation. If a tenant has a repair issue that impacts the provision of essential services, it is important that the tenant know how to contact the landlord for a direct and timely response for determination of emergency repair services.

Tenants requiring emergency repairs should be reassured that an employee or service worker will follow CDC health and safety guidelines such as social distancing, wearing protective equipment such as gloves, face coverings, or shields. It is recommended that tenants and their pets isolate in a separate room while the emergency repair work is being done.

COVID-19 has impacted all types of business operations. Landlords have stepped up to meet the challenges in providing safe and sanitary housing while protecting the health and safety of their tenants, employees, and vendor partners by adapting many of their rental processes . One of the biggest changes in the adaptation of rental practices is the moving away from traditional person-to-person contact in filling a vacancy to online practices that can manage the entire rental process from advertising a vacancy to tenant move-out.

Transitioning traditional rental practices to an online property management practice can provide a more productive, efficient workflow, streamline receipt of rents, enable quicker response to maintenance and repair requests, and improve accessibility for customer service issues and inquiries.

When searching for a new rental home, the majority of renters prefer to start their search online. Therefore it makes good business sense to have an online presence through websites and social media to attract and engage rental prospects.

Online Rental Listings

Online rental listings provide a great opportunity to advertise a vacancy. Rental listings should be accurate in details yet descriptive and informative enough to encourage potential renters to make contact. Must-have listing details include property location, unit features, community amenities, monthly rent, deposits and fees, move-in availability, and important rental policies such as pet policies. Posting photos or a video tour to a rental listing is helpful to show potential renters exactly what the property/unit looks like in real life. It may be possible to syndicate the rental listing to other rental listing sites which can help generate more leads.

There are additional benefits if the rental listing has the ability to direct interested prospects to apply for the rental vacancy by clicking through to a link for application processing.

Online Rental Applications

An online rental application is easier and faster for potential renters to submit the required information to begin tenant screening and verifications. The online application requests the same information as found on the standard printed application. Unlike incomplete applications submitted in person, an online application is not submitted for processing until all required fields have been completed. Applications can be digitally signed for submission. Documents required for verification purposes can be submitted electronically as an attachment to the application.

Video Interview

A landlord can choose to conduct a phone or video interview with the applicant to review application information, ask for additional information, or clarify information that has been submitted. A video interview follows the same guidelines as a person-to-person interview including fair housing protections from discrimination.

Online Tenant Screening

Landlords should ensure they have legally compliant procedures in place regarding the applicant’s acknowledgement and authorization to conduct tenant screenings. Most landlords already have procedures in place to submit online requests for applicable tenant screening reports. Verifications that are customarily conducted by the landlord such as employment, income and references, could continue to be done by the landlord or may be included in a tenant screening package provided by a tenant screening vendor.

Onboarding New Tenants

A tenant onboarding program welcomes a new tenant with a practical guide to the property features, amenities, and services; details specific obligations and duties of landlord and tenant; and reviews important rental policies and practices. There are many ways to provide guidance and instructions to new tenants, such as videos, supplemented by phone calls, email messages, and referrals to the rental website for information on resources, services and how to conduct the required move-in unit inspection checklist.

Lease Agreement E-signing

Incoming new tenants will need to complete the rental processes by signing the lease agreement and supporting rental documents. Documents that need to be executed can be sent for e-signature and returned electronically streamlining the process and moving the tenant forward to move-in.

There are several online programs/apps that can provide e-signature capability for tenant signature on lease documents Landlords should make sure tenants are aware that a digital signature is legally binding on all parties to the contract.

Property Management Tools

Tenant Portal

A Tenant Portal, accessed online by smartphone or computer, is a personalized account for tenants to manage their rental obligations. With 24/7 availability, the tenant portal makes it easy for a tenant to log into their account to pay rent, submit maintenance requests, and receive notification of property-related news, work schedules, and events at a time of their convenience.

Through the portal, a tenant can review account balances, rent payment history, schedule and pay rents on a one-time or automatic payment date using various payment options, such as an e-check, credit card, debit card, or ACH electronic funds transfer.

While a tenant portal offers tenants convenience in making online rent payments, the portal also provides a landlord with an effective method to automatically record and track rent payments and post rent data into bookkeeping/accounting systems.

By using the tenant portal to submit maintenance requests, a tenant can easily report problems before they become major issues and items need repair or replacement. In some portals, tenants can upload photos of the maintenance issue or property damage which allows the landlord to more easily determine how best to solve the issue. This can eliminate the tenant waiting to hear back from the landlord or waiting for a maintenance worker to inspect the unit before proceeding with maintenance or repair. Tenants can receive feedback regarding how the request will be handled, set an appointment date, and receive progress reports if vendor scheduling is needed.

Property Notices

In keeping with online rental services, tenants can access their portal account to edit their profile and communication preference. E-mail addresses and contact information can be updated as necessary without having to leave messages with the rental office. The tenant portal is a communication channel for landlord and tenant to direct information to each other, receive messages, and provide feedback. Keeping the line of communication open between landlord and tenant can help maintain a good landlord-tenant relationship.

Communication is also important for the landlord to notify tenants of important property updates, health and safety updates, alerts for severe weather or other emergency conditions, as well as send routine reminders of important rental rules and regulations.

Shared Access to Important Documents

A tenant portal may include tenant access to a virtual file that includes a copy of their lease agreement, landlord rules and regulations, supplemental documents, such as the completed move-in inspection checklist, or other information provided during tenant orientation.

Using online tools to manage rental properties is an efficient, time-saving, and cost-effective business practice in view of the health and safety guidances and directives to help protect all individuals from community spread of Covid-19.

To help reduce claims of Fair Housing discrimination, it is important that you understand the federal Fair Housing Act and applicable state, city, and county fair housing laws. You need to set your policies and practices for compliance requirements to the fair housing laws that provide the most anti-discrimination protection to protected classes.

The most common fair housing mistake made by landlords is failure to keep complete detailed property management records, including prospective tenant inquires, application files, and tenant files. The best defense against a Fair Housing claim is being able to produce a set of records that shows consistent nondiscriminatory treatment of every prospect, applicant, and tenant during the filling vacancy process through tenancy and termination.

Also important is written documentation of relevant events in property operations. This should include documentation by date of the rental policies and practices in effect at that time, such as screening criteria, unit vacancies, advertising copy, ad responses, unit showings, rents, deposits, fees, rent specials or incentives. In the event that a complaint is filed by an applicant alleging different conditions or terms were offered, and therefore discriminatory, a landlord must be able to prove his policies and practices were in fact non-discriminatory and standard procedures were followed.

Failure to keep records or having incomplete records can lead to inconsistency in the enforcement of landlord policies, practices and rules. It may be difficult to defend against complaints of discrimination if the landlord has, in fact, selectively applied, or more stringently enforced rules to some tenants than to others.

Key points to remember in complying with Fair Housing laws:

• Rental policies, procedures, and practices must be based upon legitimate, non-discriminatory business factors.
• Policies and procedures should be in writing.
• Policies and procedures must be uniformly and consistently applied.
• Accurate, complete record keeping and documentation of all applicant/tenant matters must be maintained and accessible for review.
• Take any complaint seriously, investigate and resolve accordingly.

Your policy is discriminatory on the basis of the Fair Housing Act protected class of familial status. Families with children have the right to use any amenities that are available on the rental property. HUD has recently approved a settlement between a tenant and the owner/manager of a Nevada rental community to resolve allegations of familial status discrimination when children were denied access to the property’s common areas because they did not have adult supervision. The complaint was brought by a child’s mother whose son and other children were made to leave a recreational area of the community by a property manager observing the children playing without their parents observing.

The owner and manager denied that they discriminated against the woman but agreed to settle the complaint. Under the agreement, the community agreed to pay $5,000 to the mother and to allow her to terminate her lease without penalty if she chose to do so. The community also agreed to provide fair housing training for its employees and circulate a letter to residents stating that children do not need to be supervised in order to use the development’s common areas.