Sometimes when I memtion this some LLs think I’m exaggerating. Here’s proof it’s real.

The Fair Housing Center of Central Indiana just released its 2018 Annual Report.

Some highlights:

-hiring testers to act as prospects

-conducted 315 fair housing TESTS

-76% of LLs tested in Caucasian areas lied to African-American prospects about availability, etc to discriminate against them. A Caucasian tester was sent to the same location, same day and told different info.

-780 client intakes resulted in 237 allegations

-one multi fam owner was fined $219,747.75, triggered by a VERBAL comment made by the owner/manager.

[shut your yapper!]

BRAD

Definitely! Let them talk, not me.

One advantage of renting in certain areas of my very segregated city. If I were to get a white prospect, I’d know they were a tester, lol! Just kidding.

Always amazes me when I see people say, find another reason to decline. Ummm yeah. That is evidence of discrimination right there. You are digging deeper in THIS person because they are in a protected class that you don’t like. In a city in my state, tattoos and piercings are protected class. Somebody comes up with tarts? Don’t dig deeper into their background than ANY other applicant. Either they have made a go if it with income, background, credit, or not. Treat everyone equally, develop written criteria and DOCUMENT . If the prospects are saying, doing, acting ... document that . Major cities often offer landlord training classes for free! Take those classes!

Brad, do you have a link? I'm wondering what the huge fine was for.

Although this doesn't surprise me - it still "surprises" me that landlords/owners, etc are still this way.

I don't care … just be able to pay your rent/bills, be clean, hospitable and don't cause trouble or damage.

Busy, where in WI are people with tattoos and piercings a protected class?

All calls going to voice mail get the same recorded message.

All canned cut 'n paste responses are from the same Word Document.

All people who lock box tour see the same house.

All applications screened using the same set of objective criteria.

What LL with a lick of business sense discriminates against an applicant for anything other than DIS-qualifiers like not enough income, violent criminal history or such?

Brad's "facts" are a little confusing... For anyone that wants to read the actual report:

www.fhcci.org/wp-content/uploads/2019/03/2018-FHCCI-Annual-Report.pdf

I'll just clarify a few things:

1. They recorded 237 fair housing allegations from 780 clients.

2. They opened 61 investigations based on those allegations.

3. They did conduct 315 tests as Brad indicated.

4. They filed 5 "enforcement actions" to address discrimination.

5. The one that got the big $200k+ fine might have been "triggered" by a verbal statement like Brad said, but it was actually much more obvious than that with everything else involved. This landlord would walk into a sick tenants place without permission or notice and demand that they move out. They also had a big sign outside the building that says "ADULTS ONLY" and refused to take kids. They were fined for discrimination based on disability (for trying to kick out the sick person) and familial status.

Don't get me wrong -- do be careful what you say, of course... But this wasn't some case of a LL just saying something that was interpreted incorrectly and got them into trouble. This person was BLATANTLY and OBVIOUSLY discriminating on multiple grounds.

- John...

Ken: Agreed -- there are lots of idiot LLs out there. And, heck, even if it WAS an owner that lived in the place where they CAN legally discriminate -- they still can't ADVERTISE it that way. So, they were wrong either way, of course.

- John...

For those interested, here are some of the 13 cases that they "resolved" with Landlords in discrimination situations:

1. Buildings built post-1991 didn't have proper accessibility. They settled with the developer for over $116k -- and an agreement to fix most of the issues.

2. A newspaper ad that read "Wanted: Male Live in Companion

for Female, Age 64-76, White or Light Brown."

3. An ESA where the housing said that they could have it in their no-pets unit, but would have to pay an additional security deposit (which is, of course, no allowed).

4. A PM that was charging "per head" in their lease renewal -- so people with more kids paid more.

5. An apartment complex with a "no pets" policy denied an existing tenant's right to get an ESA.

I thought it was interesting to see what violations came up. We talk about a lot of those things here all the time.

- John...

I've been doing this in ATL for 30+ years. I, still to this day, can't believe we need testers. What the heck is going on?

Folks a few years ago I had a neighbor to one rental arrested. When our current renters moved out he came over and told me if you put any N word in here i'll burn it down. Scared the you know what outta me. I called the police and they arrested him right on the spot for terroristic threats. My cleaner girl also heard him and was a witness. He moved after about 3 weeks.

My question is this: what do you think I had to tell every applicant, who wasn't white, about the neighbor?

MYOB, you are talking about discrimination against only one protected class, people of color. What about religion? Or national origin? (both big ones these days.) NC famously tried to leglislate gender by bathroom usage. If the state does it, can you imagine some LLs don't?

WMH NC let me tell say this WMH-- this is a joke about use of bathrooms. When in a restaurant or wherever -- if the men's room door is closed and locked or if it's full and I have to go-- I USE THE LADIES ROOM. That's right ---I LOCK THE DOOR or if I have to call my wife to stand outside (which isn't to often) .

You know the funny thing. Transgender men-- there's no urinals in ladies rooms-- there doors on the water closets. Women who use mens rooms will also have to use water closet since they can't sit on the edge of the urinal.

JKJ, That sounds a lot like my calls. They don't seem to want to take "Yes, I will let you modify my house" for an answer and keep asking the same question over and over in different ways. None of them has even made an appointment to see the place in person. It's actually a little insulating and disappointing because I would never discriminate against a disabled person, although my house would be very difficult to modify.

Busy, I wasn't able to find anything with a google search. I was just curious because I have never heard of that before. I wouldn't discriminate against someone over tattoos and piercings, but I think that making those protected classes is going a bit too far.

John, I haven't read the report but #2 surprises me a bit. Was it more of a work position like work in exchange for rent? Because to me it almost sounds more like a personal ad with someone looking for a lover, in which case I would think that they could legally discriminate.

MYOB, bathrooms are often not gender-sized in Europe. No big deal. You have to go, you have to go! I just wish doors in US were sealed rather than 2" gaps between sides of stall and doors on either side LOL!

There's a "Mrs. Murphy" rule that saws if you live in the house and there are four or fewer units, you can discriminate to a fare thee well. Choose your own poison.

As a contractor I was working on a clients apartment complex remodeling an empty apartment. A family comes by and asks to see the unit. They started to walk inside. I stopped them and prevented them from entering. They were "Housing Testers" sent they by the City and Section 8. A case was opened up and the owner of the building was summoned to a hearing.

It was completely amazing how "stupid" the way the City/Section 8 handled the issues. They made up rules to suit their needs. I got a change to be heard. Here is what I told the Hearing Officer:

1) This was a construction site and "NO ONE" is allowed to enter during the construction phase. This is "contracting" law, basics.

2) Only the owner, real estate agent/broker, resident manager or paid employee of the owner can show a vacant unit. Since I'm an independent contractor, I'm not allowed to show a property that I don't have an interest in. Basic real estate law.

Had I allowed a "family" to enter and a child got hurt, I would have been held liable for any damages -- we are talking millions. I followed the law and her we are where the City wanted me to break several laws to show a unit that wasn't even on the market yet and was weeks away from a listing.

what concerns me is getting in trouble by not getting back to someone.

David,

An ‘intake’ was defined as a contact for information or a complaint.

My take away is more than 237 people and less than 780 complained about discrimination and from that the office created 237 files to investigate.

So 237 LLs were investigated in some form.

I know there is plenty of discrimination happening. It’s stupid. I wonder if the discrimination figures are so high because they probably used their resources wisely and targeted suspicious LLs.

We don’t even meet them or see them until the In Home Visit.

The LL with the big fine: the report says it started with what she SAID to her res, then found more problems. In any event she should have known better.

I believe we have been tested several times. I have one particular unit, first floor, 2 bedrooms, 1 bath that has had a tester twice for a “mother in a wheelchair” and live in son to help. Yup, you can make the necessary modifications, escrow return to original condition. You pay for all modifications. Must pass screening. Never even get an application. But they waste an hour of my time. Argh!

Another one, supposedly a professor with three kids. You are welcome to view the apartment but I think you find the layout to be unsuitable for a family. (1 bath, 2 bedrooms on 2nd floor, 3rd bedroom in attic, accessed through the larger second floor bedroom, crappy kitchen). He did come look. Didn’t stay long.

Brad: Again, it is what they SAID to her tenant -- AFTER they walked into the unit without notice or permission multiple times. Again, all I'm saying that it was more than just a slip of the tongue in that case. The person was actively and obviously discriminating. Heck, they had an "ADULTS ONLY" sign on the outside of the complex! HA!

- John...

Nellie: I'd be very careful about saying things like "I think you find the layout to be unsuitable for a family" -- especially in your 3BR unit!? Who do you THINK will want to rent a 3BR unit??

I know you meant well -- but I'd never tell someone that I think they may not find a unit suitable for a family...

And you think that was a tester? My guess is it wasn't or you would have had followup with that statement. :)

- John...

I've had some. They always pass the preliminary interview with flying colors. Then they arrive - usually either minority (for our area) family, or bi-racial family. Very polite, very well-behaved kids. We proceed with the tour as usual, and sure enough, the veiled questions come. Like, "Can you tell us the ethnic makeup of this neighborhood?" ("We don't live here, so really can't say. You're welcome to drive around and see for yourself.")

I think I will like to have this tester’s job as a side hustle.