This week’s NAA Education Conference & Exposition kicked off with a special session on Fair Housing, The New Five: Fair Housing Issues You Didn’t Know About. Panelists Doug Chasick, President, The Fair Housing Institute; Theresa Kitay, Attorney, Law Firm of Theresa L. Kitay; and Kathelene Williams, Partner, Williams & Edelstein, P.C. led the discussion. The team compiled a list of five hot topics in Fair Housing that can be confusing due to recent changes and ambiguities. The forum discussed best practices to help housing professionals avoid liability. Chasick opened with a piece of general advice before diving in: let common sense comes to the rescue when gray areas arise. “Take off your Fair Housing hat and put on your ‘Do I want to be the next slide in their presentation’ hat,” he laughs. “We can’t forget the, ‘Be a decent person’ hat,” adds Kitay. Below are the panelists’ recommended best practices: Occupancy Policies – Many properties rely on a two occupants per bedroom standard. The panel suggests reconsidering that standard, as it can lead to disparate impact claims from families with children. Consider two people per bedroom, plus one per unit as a base. Additional considerations might include items listed in the Keaton Memo, special circumstances such as the age of kids (e.g. exclude infants from occupancy rules), the size of rooms, and extra finished rooms like libraries or lofts that can safely serve as a sleeping quarters. When it comes to evictions or rejecting an application based on past troubles, victims of domestic violence may also require additional occupancy consideration. See statement HUD 16-159, issued Oct 24, 2016 for additional details. Immigration Status vs. National Origin – Immigration status is not a protected category in Fair Housing in most states. National origin, however,...