When your Tenant Wants a Roommate

by BRENDAN O'BRIEN

Your tenant calls. He’s having some money troubles, and he needs a favor. You think “Oh no.” But this request isn’t what you expected. He wants to… bring in a roommate.
Of course, your tenant had to ask your permission to do this because your lease specified that only those people named in the lease could occupy the unit. (If your lease didn’t specify this, you screwed up, and you don’t have any control over his selection of a roommate. All of your future leases should have this provision.)
How are you going to handle this so that a) you have some control over the new tenant, b) you are financially protected, and c) you don’t have a lot of extra trouble?

You have four options. The first is to simply allow the additional tenant with no written agreement. Obviously, this is a big mistake. The second is to create a new lease that adds the second tenant (so that both sign the same document). I don’t recommend this because there it adds a lot of complications – who is responsible for which damages, are both equally liable for the rent, and so on.

The third is to put the roommate on an entirely separate lease, and create a new one for the original tenant – charging each (almost always) half of the total rent required. Now you have two completely separate tenants in one unit. The danger with that approach is that if one tenant bails, the first one is still a tenant in good standing, yet you’re only getting half the rent you need from your unit.

Here’s a fourth approach that I think is actually the best. Why not have the existing tenant create a separate arrangement with the new roommate? This is not a sub-lease, although it is similar. The new roommate has to follow your rules (as would any guest staying at the apartment). The legal arrangement is essentially an agreement between three parties; the new tenant, the original tenant and yourself. Key points:

The new tenant owes rent and security deposit to the existing tenant, not you
The initial term of the arrangement must end at or before the initial term of your lease arrangement with the original tenant. The arrangement is null and void and the new tenant has no right to the apartment if the original tenant moves out for any reason. The new tenant must follow all the “behavioral” rules established by you in the original arrangement. The new tenant must pass whatever background checks you applied to the first tenant.

There is one legal problem with an arrangement like this. Since the new tenant owes rent to the original tenant, and nothing to you, any agreement between you and this new tenant may not be binding. Generally contracts require consideration to be valid and there is no consideration in your arrangement with the new tenant. Therefore, it makes more sense to create two separate arrangements. The first is between you and the existing tenant, and specifies his obligations in consideration of being able to bring in a roommate. He has to enforce certain rules (the same rules you enforce for him). He can’t sign an agreement with the roommate unless you have approved it (in reality, you will draft it). He can’t bring in a specific roommate without your approval.

Having made such an arrangement with the existing tenant, you can now let him and the new roommate make their own arrangement, previously reviewed by you. The advantage to this system? You get all the rent you are owed without responsibility for a second tenant, and the original tenant gets to keep his place. It’s a win-win.

What if one of the roommates does not meet his obligations?
The new roommate’s obligations are entirely to the original tenant. So if the new guy screws up, it’s up to your original tenant to fix it. He has an obligation to you to do so. For example, suppose the new roommate doesn’t pay the rent owed to the original tenant. It is up to the original tenant to evict him.

It gets more painful if the original tenant doesn’t meet his obligations. Suppose the rent on the apartment is $800. The new roommate faithfully pays his share – say $400 – and the original tenant goes out and blows it all at the track. Now the new tenant is in trouble, because he doesn’t have an arrangement with you, and the original tenant is about to get evicted. That will trigger an eviction of the new roommate according to your arrangement.

That stinks for the roommate, but it’s not your problem. It is up to the original tenant and the roommate to work out.

I’ll be curious to read any comments and suggestions on this idea.

RePost: Outrageous Things Tenants Say as Excuses

Most landlords are quick to say that they have many good, reliable tenants. If not, they’d find another business; tenants are their livelihood. But then there are the rest, that tiny percentage of renters who can’t seem to get it together and aren’t quick to fess up.

And what kinds of things do these tenants say? Below are some favorites from landlords. Tenants take note: If you hear these lines start to come out of your mouth, stop and think a moment. Another strategy — the truth, perhaps — might prove more effective.

It’s not a dog; it’s a barking cat.’
Hmmm … are you sure you want to make that your final answer?

This was Barry Maher several years ago in Santa Barbara, Calif., where he owned a small apartment building. Dogs were not allowed, as outlined in the rental agreement. Cats were.

However, shortly after a young woman moved in, her neighbors complained about barking in the apartment. Maher called the tenant.

“She said, ‘Oh I would never have a dog. But what I have is a special breed. It’s a very rare thing; it’s a dog cat ... a mix of a cat and a dog.’

“It was so blatant and so crazy that I actually spent a moment thinking, ‘Is there really such a thing as a dog cat?’ ” Maher recalled. “And I’m really not an idiot.”

‘But you said I could paint it.’
Did you not know that it’s usually just walls that get painted? And in a color that’s possible to paint over? The entire apartment was purple. The ceiling, the walls, the whole entire apartment was painted lavender,


‘My grandmother died ... again.’
That’s strange: According to our files, your grandmother has died six times recently. At least according to the reasons you’ve provided each time you couldn’t pay the rent.

The sudden need to pay for a funeral is a common claim for a tenants inability to pay.

‘I have to move out. I’m allergic to pet dander.’
How is it, then, that you work as a groomer in a veterinary clinic?

The problem is that once people sign a 12-month lease, there are very few ways to break it. So tenants must come up with their own — at times creative — reasons about why they must leave.

‘The check may have bounced, but at least I paid.’
Actually, mailing a check that isn’t backed by real money isn’t quite the same thing as paying the bill. In fact, it’s not the same thing at all.

‘I was the victim of identity theft.’
OK, that would seem valid, given your bad credit. Except for this catch: Your credit was just as bad before the date your identity was allegedly stolen.

This is a reason frequently given by prospective tenants to explain their poor credit, as well as by existing tenants unable to pay the rent.

‘You can’t come in. There’s too much cash in my bedroom.’
Um, could you put it somewhere safe before we arrive for the inspection?

This tenant apparently didn’t want to an annual walk-through. But this isn’t the best way to keep visitors out. Perhaps the tenant put valuables out of view and entered as scheduled.

‘Someone threw a brick through my window.’
But something’s missing — namely, the glass. Oh, look, it’s on the outside.

“Unless the laws of physics don’t apply here, the window was broken from the inside out, not the outside in,”

‘The ceiling is dripping and we don’t know why!’
Well, do you think the drip might have something to do with the fact that you turned the roof into a swimming pool?

The tenant left clear evidence that it was they who had caused the very leak about which they were complaining. The roof was intentionally flooded and the tenants’ names spray-painted on the tiling next to the words, “Welcome to Silver Beach.”

The roof had a silver-oxide coating and a thigh-high shoulder wall along all the edges. The culprits had plugged the drain with a candle and flooded the entire roof, about the size of a standard swimming pool.

‘The electricity is out and I don’t know why!’
So you say that the power flipped off right after you turned on the microwave, the hair dryer and the toaster at the same time? Do you know anything about circuit loads?

‘See, the walls are almost the same color.’
Gee, I’m sorry that you ran out of paint, but I’m going to have to finish each wall before re-renting the apartment.

My dog ate it
Really?!

Always keep in mind you need to have a sense of humor when dealing with tenant. Especially if you’re going to have more than a couple rental units. You can’t take this stuff personally.”

Funny but True, Messages Tenants Leave.

The toilet is blocked and we cannot bathe the children until it is cleared.

This is to let you know that there is a smell coming from the man next door.

The toilet seat is cracked: where do I stand?

I am writing on behalf of my sink, which is running away from the wall.

I request your permission to remove my drawers in the kitchen.

Our lavatory seat is broken in half and is now in three pieces.

Will you please send someone to mend our cracked sidewalk? Yesterday my wife tripped on it and is now pregnant.

Our kitchen floor is very damp, we have two children and would like a third, so will you please send someone to do something about it.

Would you please send a man to repair my downspout? I am an old-age pensioner and need it straight away.

Could you please send someone to fix our bath tap? My wife got her toe stuck in it and it is very uncomfortable for us.

When the workmen were here, they put their tools in my wife's new drawers and made a mess. Please send men with clean tools to finish the job and keep my wife happy.

How to Prorate Rent

Many newcomers to property management as well as many tenants do not understand how to prorate a rent payment.

This comes up when a new tenant moves in mid month. Most property managers want all rents due on the first of each month, so the question becomes, how do we figure out what amount of rent is due to accomplish that.

On move in, most income property owners have each new tenant pay a full months rent and the entire security deposit. If the rent is $1200.00 and the deposit is $1200.00 then the tenant must pay $2400.00 to get the keys. If the tenant moves in on the first day of the month, there is no figuring to do. Each month thereafter the tenant will pay $1200.00.

But if the tenant moves in on the 20th of the month, the question is, what does the tenant owe on upon moving in? It is quite easy to figure out as long as you stick to the formula and thought process.

Figure it this way: Every month is considered a 30 Day month, which is what we call a bankers month. If the tenant moves in on the 20th, they were not in the property for 19 days. 30-19 = 11 Days they were in the property. Now take the rent rate $1200 and divide it by 30 days (one month) = $40.00 per day. $40 x 11 days the tenant had possession = $440.00. That is what they owe prior to moving in thereafter the tenant would pay the original amount of 1,200 on the first of every month
.

FREE rental application available

I received several inquires from landlords about updating there rental application.
As a Members of the Greater Salem Landlord Association (GSLA) you have free access to a rental application as well as many other forms. Just log onto the members only page of www.salemlandlords.org . If your not a member of the GSLA, you can still obtain these forms for a small fee by logging onto the resource page of www.salemlandlords.org

How to Reject A Rental Application

To protect yourself from potential discrimination complaints filed by applicants you've turned down you need make sure you base your decision based on the information you've collected from your rental application. Please refer to "Does Your Rental Application Ask Enough in a post this past February.

Additionally, you can protect yourself further if you have a standard set of guidelines for evaluating that you apply to every applicant. Decide ahead of time what criteria are most important to you. Give this set of criteria a numerical order. What will you look at first — what reasonable standard do you require? For those who passed the first test, what will come second? Third?

If you check each application and credit history according to that pre-established order as you weed out candidates, you're all set. And you won't have to worry about whether you made a sound decision or have broken any fair housing rules. The following criteria are all valid reasons to turn down an applicant when used as part of a standard set of guidelines.

Poor Credit Record or Insufficient Income: If your applicant's credit history indicates frequent nonpayment of rent or if, based on information submitted, the rent is too high for the reported income, you can turn down an applicant.

Poor Prior-Landlord References: If previous landlords say the applicant's rent payment often came in late or that the apartment was left in poor shape, you can refuse to rent to that person.

Evictions and Civil Lawsuits: If an eviction is noted on the credit report and the landlord won the lawsuit, you can turn that person away. (If, however, the tenant prevailed, you should make your decision using other criteria.) If you have any doubt about whether your decision would be considered valid, consult a lawyer before notifying the applicant.

Criminal Records: You can refuse to rent to anyone who has been convicted of a criminal offense (with the exception of a drug-use conviction). In some locations you may find convictions listed on an applicant's credit report. (An applicant with a prior drug-use conviction is protected by the Fair Housing Amendments Act because the use of drugs is considered a disability. You cannot reject an applicant for previously using drugs, but you can legally refuse to rent to anyone who has been convicted of manufacturing or selling drugs.)

Incomplete or Inaccurate Rental Application: You can reject anyone who has not answered all the questions on your rental application. Likewise if you discover that someone gave you false or inaccurate information, you can reject that person, too.

Unable to Meet Terms of Lease: You don't have to consider anyone who is unable to pay the required security deposit or to rent the apartment for the length of the lease. If you have a one-year lease and they only want the apartment for nine months, it's legal to say “No.”

Pets or Smokers: You can refuse to rent to smokers or people with pets if your space for rent is designated “nonsmoking” or “no pets.” However, if an animal is trained to assist someone who is blind, deaf, or mentally or physically disabled, it must be allowed.

If a couple, married or not, wants to rent an apartment, you must use both of their incomes in determining whether they can afford your rent. If you don't, you risk a discrimination complaint about marital status or sex.
Always Write Down Why

When you reject an applicant, note the reasons for your decision. Put them on the back of the rental application. Then file it and other appropriate documentation. Don't throw any of this information away. You may need it later if a discrimination complaint is filed. The application also might come in handy later if that person tries to rent another apartment from you.

TO RENT or To NOT, a tenant with a past eviction?

Most Landlords will give a resounding "NO". There is no way you should ever rent to a tenant who has been evicted. And those landlords have a legitimate case and point.However, if you rent to low-income or marginal tenants, you may run into applicants who have been evicted. It’s just a fact of life. Low-income and marginal tenants have a higher incidence of evictions than do renters who earn $100,000 a year.
There can be numerous reasons for those evictions, some that will absolutely disqualify them from renting from you, and some that just mean they had some hard luck and probably will not be evicted again. In a slow rental market (one where it’s hard to find tenants), you might want to consider renting to applicants who have been evicted. If you make it clear that an eviction will not absolutely disqualify them from renting from you, you may find out that they were in a situation that simply made it impossible to pay the rent or that they had a roommate or spouse who created the problem that precipitated the eviction.

Ask on the screening form or rental application for the reason for a past eviction and you may get an explanation that will satisfy you that you will not have to evict them. Of course, you will verify the information they give you.
Be extremely careful, though. You need to satisfy yourself that the applicant is telling you the truth without embellishment and without forgetting to tell you part of the story. Sometimes people really do learn lessons. Other times they haven’t changed a bit, but have gotten really good at telling sob stories to make a landlord’s heart bleed.What follows are some possibly legitimate reasons why a tenant would not have been able to pay his or her rent and was evicted. You decide how much credence to give them. Bad tenants always have an excuse, it is our job to decide if the excuse is legitimate.
Loss of job, layoff
Rent increases Loss of housing subsidy (look at this one carefully, people don’t lose them for no reason)
Loss of other income subsidy, such as child support
Medical, transportation or other crisis
High winter utility bills (then they would have to satisfy you that that would not be a problem now)
Money stolen
Budgeting difficulties (how have they improved now?)
Loss of social service support
Substance addiction
Domestic violence (has the situation that caused it changed?)
Loss of roommate
Poor communication with landlord, case manager, etc.

Here are some reasons for eviction that would make you never, ever want to rent to an applicant:
Damage to unit
Violent crimes
Drug dealing
Prostitution
Child molestation
Domestic violence
Disturbance of neighbors
Drug addicts not in a rehab program
Keeping a filthy unit
Gang members
Left children unsupervised

A rule of thumb is that you want a satisfactory landlord reference between their eviction and their renting from you to show with actual, concrete evidence, rather than just their word for it, that they just may know how to and be ready to be good tenants.

Gender Rights adopted in Massachusetts

Gender Identity Added to Massachusetts Non-Discrimination Laws Effective July 1, 2012

Massachusetts has taken another step toward equality and respect for all citizens by adding “gender identity” to the state’s legally protected classes of citizens. The federal government has prohibited other categories of discrimination, for example, race, religion, color, national origin, gender, disability status, and familial status. Massachusetts also prohibits such discrimination and has in the past added marital status, sexual orientation, genetic information, veteran status, and receipt of public assistance. Some cities and towns have additional protected groups, most typically student status. The reason, of course, for such legally protected status is the history of past discrimination against members of these groups simply because they were members of such groups.

To quote from the new statute, “Gender identity shall mean a person’s gender-related identity, appearance or behavior, whether or not that gender-related identity, appearance or behavior is different from that traditionally associated with the person’s physiology or assigned sex at birth. Gender- related identity may be shown by providing evidence including, but not limited to, medical history, care or treatment of the gender-related identity, consistent and uniform assertion of the gender-related identity or any other evidence that the gender-related identity is incerely held, as part of a person’s core identity; provided however, gender-related identity shall not be asserted for any improper purpose”.

Under the new state law, an employer or housing provider may not discriminate against a person on the basis of their gender identity, namely refusing to hire, promote or admit to housing someone simply because of their gender identity. By July 1, 2012, “gender identity” should be added to all lists of protected classes in such documents and policies as Tenant Selection Plans, non-discrimination policies and postings, employment applications or anywhere else such listings occur. All staff should be informed of this new state law.

Housing providers may reject or take lease enforcement action against members of such groups who do not meet eligibility or tenancy standards as they may also take adverse employment decisions against members of protected classes who fail to meet legitimate employment standards. That is the point, after all, to hold everyone to the same objective standards.

This is Why you CANT SAY it: Family Unfriendly Policies get Landlords into BIG Trouble

April 6, 2012 I posted an Article on What you CAN'T SAY on Craigslist. This is a follow up on the reason why you can't say "not deleaded" or any variation of. The Massachusetts Lead Laws have very strict mandates. If you choose to insert statements such as lead paint or not deleaded you may find yourself answering to the Massachusetts Commission Against Discrimination (MCAD) The case involving Mary Gardner vs A-Team Realty Docket No. 09-SPR-02817 is just one example.

Massachusetts Lead Paint Law Advisory: Family Unfriendly Policies Get Landlords into Big Trouble
This article is written by Attorney Rich Vetstein of the Massachusetts Real Estate Law Blog

Two Local Real Estate Firms Fined By Mass. Attorney General For Lead Paint Housing Discrimination

My Boston.com fellow blogger, buyer’s agent Rona Fischman, has fielded several questions recently regarding the Massachusetts Lead Paint Law. Prospective renters have called apartment listings only to be hung up on abruptly with a “It’s not deleaded!” if they hear a child in the background or if they answer truthfully about having children. Mothers have received termination notices when the landlord discovers they are pregnant – usually of course for tenancies at will. Finally, there is a listing this week in a local paper for an owner occupied 2 family rental which states “Unit Not Deleaded” right in the ad.

The short answer is these are all likely violations of the Massachusetts Lead Paint Law, and could expose the offending landlords to stiff penalties and damages.

Under the Massachusetts Lead Paint Law, whenever a child under six years of age comes to live in a rental property, the property owner has a responsibility to discover whether there is any lead paint on the property and to de-lead to protect the young children living there. A property owner or real estate agent cannot get around the legal requirements to disclose information about known lead hazards simply by refusing to rent to families with young children. They also cannot refuse to renew the lease of a pregnant woman or a family with young children just because a property may contain lead hazards. And property owners cannot refuse to rent simply because they do not want to spend the money to de-lead the property. Any of these acts is a violation of the Lead Law, the Consumer Protection Act, and various Massachusetts anti-discrimination statutes that can have serious penalties for a property owner or real estate agent.

As the stories above show, landlords routinely flaunt, or are just plain ignorant of, the law. The issue becomes what to do about it and is it worth the time and aggravation? I guess that depends on your situation. Certainly, if you are being threatened with a discriminatory eviction, your first step should be to contact the Massachusetts Commission Against Discrimination (MCAD) and your local Fair Housing Commission. In a recent case, the MCAD hit a property owner with $25,000 in damages and fines for evicting a young family to avoid de-leading. Next consider hiring a housing discrimination attorney. If you are low on funds, the attorney may agree to take the case on a contingency because violations of the lead paint law and discrimination laws provide for the reimbursement of attorneys’ fees and enhanced damages.

As for the “Unit Not Deleaded” ad, while may be truthful, it might as well read “Children Under 6 Not Wanted.” I would advise a landlord to avoid this sort of indirect discriminatory preference.

Lastly, the law is conflicting regarding owner occupied two family homes. Chapter 151B, the state anti-discrimination law, exempts owner occupied two family homes from the prohibition of discrimination against children. However, there is no such exemption written into the lead paint law. So if a child is born into a owner occupied 2 family, it must be de-leaded. Vacation/recreational rents and short term (31 days or less) rentals are also exempt from the lead paint law.

The Most Common Way a Landlord Looses an Eviction

By far the most common way is through bad form or bad service. Almost every state has strict requirements about what a notice to a tenant is to say, how it is to be served, and how much notice the landlord needs to provide. Violating any of those requirements will mean a bad tenant will not only win the eviction but will likely get to stay RENT FREE for up to three months. Always use the proper form, add nothing to it, and serve it with at least the minimum number of days notice.

More Questions about managing rental property? Attend the Greater Salem Landlord Associations monthly meeting. The GSLA meets the 2nd Monday of every month from September- June at a local building in Salem Massachusetts

What you CAN"T SAY on Craigslist

Massachusetts Attorney General Martha Coakley announced a settlement between her office and a Revere, Massachusetts landlord over allegations that his rental ad in Craigslist violated state discrimination statutes. This judgment is the result of a continuing statewide investigation by the Attorney General’s Office into reports of widespread discriminatory housing advertisements on the Internet.

“As more families face tough financial times and have no choice but to rent, landlords and real estate professionals must recognize that the rental market is a regulated industry,” said Attorney General Coakley. “While we hope that this enforcement initiative will have a deterrent effect, our office will continue to monitor Craigslist.”

The Attorney General’s Office has settled 20 similar cases and filed six other complaints against landlords and real estate agents across the Commonwealth accused of violating state anti-discrimination laws on Craigslist.
In this case, the landlord used Craiglist to advertise a unit for rent in Revere, stating “no Section 8.” The Massachusetts Anti-Discrimination Act prohibits landlords and others involved in property rentals from discriminating against people who use state or federal housing subsidies to pay for all or a portion of their rent.
The settlement requires the landlord attend trainings on state and federal fair housing laws. He has also agreed to place “Equal Housing Opportunity” in any future rental property ads. And, in an effort to increase awareness of this important issue, the landlord is required to place postings on Craigslist informing other Craigslist users that the Attorney General monitors Craigslist for discriminatory advertising and that it is against Massachusetts law to state a discriminatory preference against recipients of housing assistance subsidies. He will also pay $750 to a local charity that provides legal services to poor and low-income persons in housing and a variety of areas.

Fair Housing "Zero Tolerance Policy" Netting HUGE Awards Against Landlords

If your own or manage rental properties we can all learn from these mistakes.

The Department of Justice (DOJ) has just announced settling a rental housing discrimination suit that it is touting as the second largest monetary payment ever obtained in a fair housing case.
A Kansas City, Kansas landlord will pay a $2.13 million settlement over allegations it engaged in a pattern of discrimination on the basis of race in violation of the Fair Housing Act. The lawsuit also alleged that the defendants retaliated against an employee for cooperating with HUD investigators.
DOJ presented evidence that the landlord openly displayed racially hostile materials such as hangman’s nooses, frequently referred to African Americans with racial epithets and generally treated white residents more favorably than African American residents.
According to Thomas E. Perez, Assistant Attorney General for the Civil Rights Division, “This settlement is designed to send a message to housing providers across the country that we have a zero-tolerance policy for this type of egregious behavior.”
The settlement includes $145,000 paid to settle DOJ’s claim against the former owners last summer.

Actors Posed As Tenants
The Justice Department filed a lawsuit last week against the owner and property manager of a 48-unit apartment complex in Ann Arbor, Mich., for race discrimination.
In this case, “testers” posed as applicants for housing and reported to HUD on their interactions with landlords and leasing agents regarding compliance with fair housing laws.
$100,000 in Orange City
In another settlement, an Orange City, Florida landlord has agreed to pay $415,000 in monetary damages and civil penalties to settle a Fair Housing Act lawsuit alleging that they discriminated against African Americans and families with children.
Under the terms of the settlement, the landlord must retain an independent manager to manage the property.
The case began when an African American woman visited the rental property with her grandson and inquired about the availability of apartments. The landlord told her that there were no vacancies, and later refused to accept an application from her.
The application contained the notation “ADULTS ONLY” in the space designated for the number of children.
Later the same day, this applicant’s friend called the complex to ask about availability, and a leasing agent informed her that apartments were available.
A local television station subsequently conducted a series of “fair housing tests” – simulated transactions to compare responses given by housing providers to different types of apartment-seekers to determine whether illegal discrimination is occurring – and found that the defendants were providing more information and better treatment to white persons than to African American persons.
Prior to settlement, the DOJ was prepared to show evidence that this landlord had, among other things, told white applicants that a selling point of the apartment complex is that it does not have any black residents; denied the availability of apartments to African American persons while at the same time telling white persons about available apartments; refused to show apartments to African American persons while at the same time showing apartments to white persons; discouraged African American persons from applying for an apartment while encouraging white persons to apply; refused to negotiate with African American prospective tenants for rental; threatened to evict one or more tenants who were known or believed to have African American friends and associates.
Developer Sued for Disability-Based Housing Discrimination in Tennessee
The owners and developers involved in the design and construction of 21 multifamily housing complexes in Tennessee agreed to a settlement of allegations that they discriminated on the basis of disability.
The complexes, which were built with the assistance of federal low-income housing tax credits, contain more than 800 units covered by the Fair Housing Act’s accessibility provisions along with areas of public accommodation covered by the Americans with Disabilities Act.
Under the settlement, defendants will pay all costs related to making the complexes for which they were responsible accessible to persons with disabilities, pay up to $350,000 to compensate individuals harmed by the inaccessible housing, and pay $75,000 to the United States.
The settlement requires all the defendants to be trained about the requirements of the Fair Housing Act and to provide periodic reports to the government that they are following the law.
This case began when the Tennessee Fair Housing Council, a private, nonprofit advocacy organization whose mission is to eliminate housing discrimination throughout Tennessee, provided the department with information several apartment complexes that were inaccessible to people with disabilities.
The department conducted an independent investigation and filed a lawsuit.
The retrofitting includes modifying walkways to eliminate steps, excess slopes and level changes, providing accessible curb ramps, and providing accessible parking and routes to site amenities, such as clubhouses, pools, mailboxes and trash facilities. The settlement also provides for the replacement of inaccessible knob hardware on doors, the widening of inaccessible narrow doorways, and the reconfiguration of bathrooms and kitchens to accommodate persons who use wheelchairs.

In the news today: House passes a bill naming Salem the Birthplace of the National Guard

This was just published today in the Eagle Tribune

April 1, 2012
House passes bill naming Salem birthplace of National Guard
By Jesse Roman
Staff writer

SALEM, Mass. — The Witch City is one step closer to officially having another moniker: birthplace of the U.S. National Guard.

Congressman John Tierney made the case for the distinction yesterday afternoon on the floor of the U.S. House of Representatives.

"Today is an important day for the city of Salem, the National Guard ... and for many others who have been advocating for this designation for years," Tierney said about the bill he introduced in the House.

The measure garnered bipartisan support and easily passed the House by a vote of 413-6, with four members voting "present." But it won't become official until the U.S. Senate weighs in on it in the coming weeks. If the Senate passes the bill, Salem would now and forever officially be known as the birthplace of the National Guard.

"Both sides (Democrats and Republicans) were in favor of it," Tierney said in an interview yesterday, just after his speech on the House floor. "We had 116 co-sponsors, just about every Democrat on the Armed Services Committee and the majority of Republicans."

According to history, the nation's first militia, which was the foundation for what would become the National Guard, first gathered on Salem Common in 1637.

The text of Tierney's bill provides a good history lesson:

"In 1636, the Massachusetts General Court ordered the organization of three militia regiments, designated as the North, South and East regiments. These regiments drilled once a week and provided guard details each evening to sound the alarm in case of attack.

The East Regiment, the predecessor of the 101st Engineer Battalion, assembled as a regiment for the first time in 1637 on the Salem Common, marking the beginning of the Massachusetts National Guard and the National Guard of the United States."

Lest there be any controversy of the legitimacy of the city's claim, Tierney asked the Army Center for Military History to go through and fact-check the four-page bill. The center gave everything its seal of approval, Tierney said.

The legislation comes a month in advance of the 375th anniversary of the first muster, which will be commemorated on Salem Common. And, in an interesting coincidence, the Massachusetts Army National Guard's 182nd Infantry Regiment returned to Massachusetts yesterday after a one-year deployment to Afghanistan.

Several citizens, National Guard members and others called for Tierney to introduce the legislation, he said.

"Also, I think it will contribute to tourism and economic development of the city; it will create jobs, and it is a matter of pride, as well," Tierney said. "It will be positive in all those respects."

The bill states that a plaque or some sort of commemorative be built in Salem but makes it clear that no federal dollars should be used.

Tierney introduced a similar bill last May, which also passed the House as an amendment to the National Defense Authorization Act. However, the Senate failed to pass the amendment, and it wasn't included in the final version of the bill. Tierney is confident that won't happen again.

"I spoke with Sen. (John) Kerry this morning personally on that, and he is working on it," Tierney said.

He has also contacted U.S. Sen. Scott Brown and has already received support from National Guard groups, who have vowed to call their representatives to encourage them to pass the bill.

"Hopefully, we can get this done as soon as possible," Tierney said.

In Massachusetts, at least, Salem is already known as the birthplace of the National Guard.

After near-unanimous state legislative support, Gov. Deval Patrick signed a bill declaring Salem to be the birthplace in August 2010.

In 2007, Salem City Council also unanimously adopted a resolution naming the city the National Guard birthplace.