Housing operators are constantly looking for ways to prevent fair housing complaints, and when the inevitable complaints do come, managers need to apply an effective defense. One of the best (and most overlooked) tools for defense against a fair housing complaint is the tried and true "guest card."
Every apartment community should have a guest card policy, and these cards should include information beyond just the name and contact information of the prospect.
- Timing is often an important issue in fair housing complaints. Unit availability can change on a day-to-day and even an hour-to-hour basis. Noting the date and exact time that staff was notified of an upcoming vacancy can provide an effective defense in the case of an accusation that management provided different information regarding unit availability based on a protected characteristic. This is especially the case in the event of an on-site "test" by paired testers. If a guest card is completed for every prospect that calls or visits the property, then a card also will have been prepared when the "testers" visited. This information can contribute to an effective defense when the timing of vacancies is an issue.
- Always note the unit size and type that a prospect is interested in. This will determine the units that must be shown to prospects. For example, if a prospect is only eligible for a two-bedroom unit due to family size, this information will help in defeating a complaint that vacant one-bedroom units were not shown. The same is true if a prospect states that they only want a downstairs unit. If they complain later that they were not shown vacant upstairs units, the guest card will show why that was the case.
- The guest card should always note the specific units that were shown to a prospect. If you offer to show a unit to a prospect and they decline to look at it, note this on the card.
- When do they want to move in? If they will not be ready to move for two months, this should be noted. This will assist your defense if the prospect claims that you rented a vacant unit to someone else who came in after the prospect. If the second visitor was ready for an immediate move-in, such action is justified.
- One of the most forgotten elements of a guest card is the prospect signature. Getting their signature is evidence that the information on the card is accurate.
- If the prospect decides to move in, note when that decision was relayed to you on the guest card. The same goes if they decide not to move in; note when you got that information. Ask them why they decided not to move in and note that on the card also.
- Finally - it is always a good idea to include the Fair Housing logo or slogan on the guest card.
Bottom Line: Guest cards are an inexpensive and effective tool that will both assist managers in the marketing of a property and provide a defense against some fair housing complaints.
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