While housing operators continue to grapple with reduced revenue, many are beginning to look at a phased reactivation of their workforces, reopening their leasing offices and relaxing restrictions on amenity spaces—like fitness facilities and business centers. While these efforts are encouraged by local and state government recommendations, mounting questions on liability and risk exposure for doing so remain.

Moreover, our country is in the midst of a housing affordability crisis. Facing the prospect of frivolous lawsuits can create huge financial strain for an owner and contribute to the industry's insolvency. The cost to defend against these suits could also have devastating impact on the affordability of existing and future housing. 

Despite housing providers strict adherence to state, federal, and local health and safety guidelines, COVID-19 prevention is a two-way street. The fact remains that our industry houses residents in high density and has little control over their behavior. Therefore, liability measures are necessary not only for those businesses acting in line with public health and safety guidelines, but must also preserve recourse for individuals harmed by bad actors who circumvent public health and safety requirements.