Jason Rose

The duty to accommodate arises only when the housing provider has knowledge that a disability exists and that an accommodation may be required for the disabled person to use and enjoy the housing. Here are key points:

• The applicant or resident must make a request for an accommodation.

• The request does not need to mention fair housing or use the words “reasonable accommodation.”

• The request should describe the accommodation and explain the disability-related need for the requested action. For example: A resident who becomes disabled may request a transfer to a ground floor apartment because climbing the stairs has become difficult.

• The request does not need to be in writing. Although management may use a specific form, an accommodation cannot be refused just because the person requesting it did not use the form. It is important for management to document these requests.

• Reasonable accommodations can be requested whenever they are needed. A person may make requests when applying for housing, when entering into a rental agreement, during tenancy, and even during an eviction process.

• An individual with a disability may make multiple requests for accommodations, as the need arises.

The housing provider must evaluate each request on a case-by-case basis, in a timely and professional manner, and should document interactions with the resident. A housing provider has an obligation to provide prompt responses to reasonable accommodation requests. An undue delay in responding to a request may be considered to be a failure to provide a reasonable accommodation. If in doubt about whether accommodation policies and rules comply with fair housing laws, ask a fair housing agency to review them and suggest rephrasing if necessary.

A housing provider is not obligated to provide a reasonable accommodation to a resident or applicant if an accommodation has not been requested. A provider has notice that a reasonable accommodation request has been made if a person, her family member, or someone acting on her behalf requests a change, exception, or adjustment to a rule, policy, practice, or service because of a disability, even if the words “reasonable accommodation” are not used as part of the request.

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To learn more about fair housing issues (and many other topics affecting real estate professionals), please visit us at www.123ConEd.com. 123 ConEd LLC (www.123ConEd.com) is a leading online provider of continuing education courses to real estate professionals in Michigan. Our online Michigan real estate con ed courses are fully approved and properly certified by the Michigan Department of Labor & Economic Growth. All of our courses are designed to offer our students the most information, as quickly and economically as possible.

Copyright © 123 ConEd LLC 2009. All rights reserved.

Radon gas is a naturally occurring radioactive gas that is invisible and odorless. It forms from the radioactive decay of small amounts of uranium and thorium naturally present in rocks and soils so some radon exists in all rocks and soils. Because radon is a gas, it can easily move through soil and cracks in building slabs or basement walls and concentrate in a building’s indoor air. The U.S. Surgeon General and the EPA recommend that all homes in the United States be tested for radon.

Radon is a Class A carcinogen, which means it is known to cause cancer in humans. Most people do not know that radon is the second leading cause of lung cancer in the United States, resulting in approximately 21,000 lung cancer deaths each year. Only smoking causes more lung cancers.

The problem occurs when radon and radon decay products ("RDPs") are breathed in. Radon is exhaled, as are many of the RDPs, but some of the RDPs get trapped in the lungs. As they undergo radioactive decay and emit alpha energy, the alpha particles can strike sensitive lung tissue, causing physical and/or chemical damage to the DNA. When alpha particles strike and damage a lung cell, the cell will either:

• Die (which seems like a bad thing, but new cells are generated to replace dead cells)
• Repair itself and heal
• Try to repair itself, but do so incorrectly. Eventually, this can lead to the formation of cancerous cells.

Not everyone who breathes radon will develop lung cancer. Your risk is determined by such things as:

• How much radon is in your indoor environment.
• The amount of time you spend in that indoor environment.
• Whether you smoke or ever have smoked.

The only known health effect of radon is an increased risk of lung cancer, and exposure to elevated radon levels does not result in any warning symptoms like headaches, nausea, fatigue, or skin rashes. The only way to know whether you are being exposed to elevated radon levels is to test your home (and other indoor environments).

Many national and international organizations believe radon is an important environmental health concern, and they support testing for radon and reducing exposure to elevated radon levels. Just a few of those organizations are listed below:

• American Lung Association
• American Medical Association
• Centers for Disease Control
• Environmental Protection Agency
• International Commission on Radiological Protection
• National Academy of Science
• National Council on Radiation Protection and Measurement
• U.S. Surgeon General
• Health Organization

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We offer online real estate continuing education to Michigan agents and brokers. We offer numerous different course titles on our easy to use and easy to navigate website (www.123ConEd.com). All of our courses have been approved and certified by the State of Michigan.

Copyright © 123 ConEd LLC 2009. All rights reserved.

There are a lot of misconceptions about radon with respect to homes and real estate. Here are a few of the most common radon-related myths and the true facts.

MYTH: Scientists are not sure that radon really is a problem.

FACT: Although some scientists dispute the precise number of deaths due to radon, all the major health organizations (like the Centers for Disease Control and Prevention, the American Lung Association and the American Medical Association) agree with estimates that radon causes thousands of preventable lung cancer deaths every year. This is especially true among smokers, since the risk to smokers is much greater than to non-smokers. According to the EPA, the are over 21,000 radon-related deaths in the United States each year.

MYTH: Radon testing is difficult, time-consuming and expensive.

FACT: Radon testing is easy. You can test your home yourself or hire a qualified radon test company. Either approach takes only a small amount of time and effort.

MYTH: Radon testing devices are not reliable and are difficult to find.

FACT: Reliable testing devices are available from qualified radon testers and companies. Reliable testing devices are also available by phone or mail-order, and can be purchased in hardware stores and other retail outlets. Call your state radon office for help in identifying radon testing companies.

MYTH: Homes with radon problems can't be fixed.

FACT: There are simple solutions to radon problems in homes. Hundreds of thousands of homeowners have already fixed radon problems in their homes. According to the EPA, radon levels can be readily lowered for $800 to $2,500 (with an average cost of $1,200). Call your state radon office for help in identifying qualified mitigation contractors.

MYTH: Radon affects only certain kinds of homes.

FACT: House construction can affect radon levels. However, radon can be a problem in homes of all types: old homes, new homes, drafty homes, insulated homes, homes with basements, and homes without basements. Local geology, construction materials, and how the home was built are among the factors that can affect radon levels in homes. The only way to tell if a specific home has elevated levels of radon is to test.

MYTH: Radon is only a problem in certain parts of the country.

FACT: High radon levels have been found in every state. Radon problems do vary from area to area, but the only way to know your radon level is to test.

MYTH: A neighbor's test result is a good indication of whether your home has a problem.

FACT: It's not. Radon levels can vary greatly from home to home. The only way to know if your home has a radon problem is to test it.

MYTH: Everyone should test their water for radon.

FACT: Although radon gets into some homes through water, it is important to first test the air in the home for radon. If your water comes from a public water supply that uses ground water, call your water supplier. If high radon levels are found and the home has a private well, call the Safe Drinking Water Hotline at 1-800-426-4791 for information on testing your water.

MYTH: It's difficult to sell homes where radon problems have been discovered.

FACT: Where radon problems have been fixed, home sales have not been blocked or frustrated. The added protection is sometimes a good selling point.

MYTH: I've lived in my home for so long, it doesn't make sense to take action now.

FACT: You will reduce your risk of lung cancer when you reduce radon levels, even if you've lived with a radon problem for a long time.

MYTH: Short-term tests can't be used for making a decision about whether to fix your home.

FACT: A short-term test, followed by a second short-term test, can be used to decide whether to fix your home. However, the closer the average of your two short-term tests is to 4 pCi/L, the less certain you can be about whether your year-round average is above or below that level. Keep in mind that radon levels below 4 pCi/L still pose some risk. Radon levels can be reduced in most homes to 2 pCi/L or below.

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123 ConEd LLC offers online real estate continuing education to Michigan agents and brokers. We offer numerous different course titles on our easy to use and easy to navigate website (www.123ConEd.com). All of our courses have been approved and certified by the State of Michigan.

Copyright © 123 ConEd LLC 2009. All rights reserved.

I need to tap into the collective wisdom of my fellow ActiveRain members.

An acquaintance of mine just called and asked me an interesting question. She was just asked to list a home for sale. The home is in excellent shape, but it was the scene of a bloody murder nine years ago. Apparently, a former owner was shot to death in the home.

The question is whether she needs to disclose the death on the seller's disclosure. What do you think?

Here is another example of a recent settlement of a Fair Housing Act lawsuit brought by the United States Department of Justice (“DOJ”). I try to post case summaries in order to provide timely updates to real estate agents and brokers about the "dos and don'ts" under the Fair Housing Act, since fair housing is such an important issue.

Yesterday afternoon (Wednesday, May 20, 2009), the DOJ settled a Fair Housing Act lawsuit that was brought against the developers, architects, and professional engineers responsible for building four multifamily housing complexes in Spokane, Washington. The lawsuit alleged that the defendants designed and built the complexes in violation of the Fair Housing Act by failing to make the complexes accessible to wheelchair users and other persons with physical disabilities.

According to the lawsuit, the defendants each designed portions of one or more of the complexes without including required accessibility features in the designs. Since 1989, federal law has required that new multifamily housing contain certain features to make it accessible to and usable by wheelchair users and other persons with physical disabilities.

Under the terms of the settlement, the defendants will pay all costs related to making the apartment complexes accessible to persons with disabilities and will pay $120,000 to compensate individuals harmed by the inaccessible housing. The developer will pay a $10,000 civil penalty to vindicate the public interest and most of the defendants will undergo training on the requirements of the Fair Housing Act.

The retrofitting includes modifying walkways to eliminate excess slopes and level changes, providing accessible curb ramps, and parking and routes to site amenities, such as clubhouses, pools, mailboxes and trash facilities. The settlement also provides for the replacement of inaccessible knob door hardware with levers, the widening of inaccessible doorways, and the reconfiguration of bathrooms and kitchens to accommodate persons who use wheelchairs.

As all real estate professionals should already know, the Fair Housing Act prohibits discrimination in housing based on race, color, religion, national origin, sex, disability and familial status. Among other things, the Act requires that new multifamily housing development be designed and constructed with basic accessibility features, including accessible common and public use areas, accessible routes to and through apartments, doors wide enough for wheelchair users, kitchens and bathrooms with sufficient maneuvering space for wheelchair users, outlets and environmental controls in accessible locations and bathrooms with reinforcements for grab bars.

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To learn more about fair housing issues (and many other real estate topics), please visit us at www.123ConEd.com. We are the leading online provider of Michigan real estate continuing education. All of our courses are fully approved and properly certified by the State of Michigan, and are offered online.

Copyright © 123 ConEd LLC 2009. All rights reserved.