Ask Habitat: Should My Board Bother Updating Its Admissions Policy?
June 15, 2015 — A READER ASKS: Two of our newer board members want to start the ball rolling on revisiting our admissions process. I personally feel that it shouldn't be high on our priorities list, but the newer members feel times are changing. Admittedly, the procedure can do with a bit of streamlining, but it's time-consuming work that we really need to tread carefully with to avoid opening ourselves up to potential discrimination lawsuits. With the board's limited resources, do you think we should proceed and is there any advice you can give us to avoid trouble?
HABITAT ANSWERS: For a co-op board, the admissions process can be as simple or as complicated as the board wants it to be - a strictly by-the-numbers decision, or a search for the puzzle piece that will fit in perfectly with the community. It's always wise to reorganize an already complex process so that it makes sense for everybody. But you're right — you do need to proceed with caution, as it were. If you don't think through your admissions policy, you can indeed have problems, particularly when it comes to housing discrimination laws.
Prioritize whatever projects or issues your board is currently in the middle of handling so that, if you decide to revise your admissions process, you can schedule it accordingly. You don't want to bite off more than you can chew. Once you determine if and when your board will tackle a new admissions policy, you should keep the following points in mind:
Good form. An effective admissions process starts with your application form. It should contain a checklist of all the requirements of the application package, to minimize incomplete submissions. It should also provide information about the co-op's procedures, policies, house rules, lease terms, and anything else the board wants applicants to know.
Need (not) to know. When it comes to the application package, what's not in it is just as important as what is. You should avoid collecting any information on age, race, disability, citizenship, or any of the other classes protected by federal and local housing laws, and have your manager or attorney review the package for completeness and to screen out any identifying info (including Social Security numbers). Keeping this information away from the board is your best defense against housing discrimination claims.
Job security. The applicant's employment is a tricky subject. Profession is a protected class, but you can reject an applicant who intends to practice that profession in his or her apartment, usually because you fear it would disturb other shareholders by, for example, making noise or generating excessive foot traffic in the building. It's important to have a clear record of the applicant's failure to demonstrate that they will not practice their profession in the apartment before rejecting someone on these grounds.
Population density. Another thorny matter is the size of the family that would be moving in. You cannot discriminate based on marital status or family size. However, the city's Multiple Dwelling Law places limits on occupancy (or "permissible density") based on the square footage and number of rooms in an apartment. Most boards overlook this fact, but it is well within their interests to ensure that the co-op will not be in violation of this law. Rejecting an application on these grounds would not be discriminatory.
Finally, be sure to check out our breakdown of the admissions package, which examines its most basic parts so that you can streamline your processes and avoid discriminating against anybody, even unintentionally.
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