What Is Fair Housing Testing?

Written by The Fair Housing Institute

As property management professionals, it is essential to be well-versed in fair housing laws and their implications to ensure compliance and promote equal housing opportunities for all individuals.

One crucial aspect of fair housing is fair housing testing, which seeks to uncover evidence of discrimination in rental housing. This article provides an overview of fair housing testers and testing, how it works, and its significance in the context of fair housing laws.

Fair Housing Testers: An Overview

Fair housing testers are individuals employed or appointed by private fair housing advocacy organizations to conduct tests aimed at detecting discrimination in rental housing. These tests, also known as “shopping,” have been an approved means to uncover evidence of race discrimination in rental housing since the U.S. Supreme Court’s approval in 1982. Following the passage of the Fair Housing Amendments Act in 1988, testing programs expanded to include investigations into national origin and disability discrimination as well.

How Fair Housing Testing Works

In most cases, fair housing testing involves scenarios where an individual from a protected category complains to a fair housing advocacy organization about being treated unfairly during the rental application process. Discrimination based on membership in a protected group, such as race or national origin, is the most common type of discrimination complaint. The complainant may have experienced differential treatment or been denied an apartment altogether.

Telephone Testing: A Common Method

Telephone testing is a prevalent method used by fair housing testers. Property management professionals should be aware that answering phone calls consistently and providing uniform information is crucial in these scenarios. You may be thinking: “Well, how can they say we discriminated against them if we can’t see them?” There are many other ways that a person can appear different. Perhaps a foreign-sounding last name or an accent.

Testers will call rental offices posing as potential renters, and property management staff must ensure that they respond consistently to questions about availability, rental prices, amenities, and surrounding areas for all callers, regardless of any perceived differences.

Comparable and Non-Comparable Testing

Fair housing testers may use a testing method that is often referred to as comparable and non-comparable testing. A common scenario or complaint that we see is when a person feels that they were denied or offered different housing options based on their ethnicity, which is a protected category. In this situation, a tester will be matched as closely as possible to the complainant in terms of background, employment, rental history, and education, differing only in racial or ethnic background, which will be the non-comparable factor for this particular test.

This may mean that the tester will have to lie when filling out a housing application form. Many may feel that this is unfair and should be illegal. However, the U.S. supreme court has justified this way of testing, stating that it is a crucial way to uncover discriminatory practices.

Now the stage is set for the tester to document their experience and uncover any potential fair housing claims.

Disability Discrimination Testing

Testing for disability discrimination has also become common, often initiated proactively by fair housing organizations to gauge compliance with accessibility requirements in rental properties. Property managers should ensure their communities meet federal and state design and construction standards to avoid potential discrimination allegations.

Keep in mind, too, that a tester doesn’t even need to step foot into your building for them to build a case. They can simply drive by and observe things like a lack of accessible parking or ramps and document these infractions to lay the foundation for a complaint.

Use of Fair Housing Testing Evidence

Fair housing advocates often rely on testing evidence before filing complaints with enforcement agencies. However, the use of testing evidence by these agencies has been a source of concern for both complainants and respondents. For example, how much evidence is actually needed for the complainant, exactly what evidence will be included, and when will an accused property expect to gain access to it?

HUD has issued guidance to help ensure a uniform approach to investigations involving testing. They have also required that a tester’s identity remain confidential during the investigation to protect their ability to continue to do their job.

HUD Requirements and Compliance

To ensure compliance with fair housing laws, property management professionals should be transparent in providing information requested by HUD during investigations involving fair housing testing. HUD funding for testing organizations may lead to occasional tensions or seem one-sided. As a result, HUD has made clear exactly what information the investigation can require from testers or testing organizations to help improve transparency.

Fair Housing Testing - Takeaway

Understanding fair housing laws and the implications of fair housing testing is crucial for property management professionals. By adhering to fair housing principles, property managers can create equal housing opportunities for all applicants, avoid discrimination issues, and contribute to a more inclusive housing market. Staying up-to-date with fair housing regulations, best practices, and training is key to maintaining a fair and compliant rental housing environment.