The following is a recap from Varsity’s Roundtable, a weekly virtual gathering of senior living marketers and leaders from across the nation. For updates about future weekly Roundtable gatherings, submit your name and email address here.
Fair housing rules continue to evolve, and for senior living providers, keeping up with those changes is about more than compliance. From assistance animals and ASL interpreters to the language and imagery used in marketing, a single interaction with a prospect or resident can raise questions about what constitutes a reasonable accommodation and how communities should respond.
Leslie Tucker, Assistant Vice President of The Fair Housing Institute, joined Varsity’s weekly Roundtable to break down some of the latest fair housing issues affecting senior living. She discussed HUD’s changing approach to emotional support animals, how communities should handle accommodation requests, what frontline employees need to know and where marketing can create potential fair housing concerns. Below are a few Fresh Perspectives from her discussion.
HUD IS RETHINKING THE RULES FOR EMOTIONAL SUPPORT ANIMALS
HUD is considering a new standard that would recognize animals specifically trained to assist with a disability, potentially eliminating federal reasonable accommodation protections for untrained emotional support animals.
THE ESA CHANGE ISN’T A DONE DEAL
A new regulation has not yet been issued, and important questions remain around training and verification. State laws, Section 504 requirements and years of court precedent could also affect how any new federal standard is applied.
ASSISTANCE ANIMALS GET MORE COMPLICATED AT HIGHER LEVELS OF CARE
Residents are responsible for caring for their assistance animals or arranging for their care. Communities aren’t responsible for feeding, walking or otherwise caring for an animal when a resident can no longer do so.
DON’T SHUT DOWN AN ACCOMMODATION REQUEST
Whether it’s a request for an ASL interpreter or another accommodation, staff shouldn’t simply say no. Explore reasonable alternatives and, when necessary, refer the request to someone who knows how to handle it.
FAIR HOUSING COMPLIANCE STARTS WITH THE FRONT LINE
Testing is still happening, and one incorrect response can trigger a complaint. Anyone who interacts with prospects, including employees answering the phone, should know how to recognize an accommodation request and where to direct it.
MARKETING SHOULD SIGNAL THAT EVERYONE IS WELCOME
Photography should reflect diversity, while messaging should avoid suggesting preferences based on protected characteristics. Religiously affiliated communities should be especially careful with language that could make people of other faiths feel they aren’t welcome.
VARSITY’S FRESH PERSPECTIVE
Fair housing compliance isn’t just a legal or operational responsibility. It’s part of the prospect experience. The people answering phones, giving tours and creating marketing materials are often where potential issues first surface. Communities should make sure those teams know the boundaries, understand when to elevate a question and never let uncertainty turn into an automatic “no.”
