1. WHAT IS ‘FAIR’ WHEN IT COMES TO FAIR HOUSING?
April 2017

2. Why Do I Need to Know about Fair Housing law?
Can violate even if there is no blatant act or wrongful intent
Knowledge of law can help prevent inadvertent violations
You can lose your license and/or face large fines

3. The Law
The federal Fair Housing Act (the “Act”) is part of the 1968 Civil Rights Act
Prohibits discrimination in the sale, rental or financing of dwellings or in the provision of brokerage services or facilities in connection with sale or rental of dwellings on the basis of race, color, religion, sex, national origin, familial status, or handicap
Georgia’s state fair housing law generally mirrors the Act

4. Does the Act Protect Everyone?
Only the seven (7) categories listed
Not listed: sexual orientation, gender identity, military service members, income and Section 8
But: sexual orientation and gender identity may fall under sex discrimination
NAR Code of Ethics
New HUD guidance in 2016
Limited English Proficiency/national origin
Criminal Records/race, national origin

5. Does the Act Apply to All Types of Housing?
Yes, practically all types of housing – single-family and multi-family
Very limited exceptions

6. What Actions are Illegal?
Refusal to sell, rent or negotiate; deny or make housing unavailable
Set different terms or conditions, provide different services or facilities (including mortgage loans)
Falsely deny that housing is available
Deny or discriminate in access or membership in a service (i.e., multiple listing service) or organization

7. “Illegal Actions” Are Not So Simple: Advertising
Cannot make, print or publish any notice, statement or advertisement that indicates, causes or intends any preference, limitation or discrimination on the basis of any protected class
Includes any type of advertising or written materials
All advertising media
Applies to ad agencies, newspapers, sales firms, realtors, management companies, internet web sites and services

8. Advertising Covers More Than Just Words
Violations can arise from words, phrases, symbols, pictures, photographs, illustrations, logos, visual aids, or locations
Also, from the selective placing of advertisements in media
Also, by using human models in ads

9. “Illegal Actions” Are Not So Simple: Familial Status
Protects all kinds of “families” with kids under 18
Cannot restrict occupancy or use on the basis of families with kids
Can reasonably limit number of occupants in a unit
Cannot specifically target or restrict kids in action or advertising

10. But When I Retire – I Don’t Want to Be Around Kids!
The Act does not apply to two (2) types of “housing for older persons:”
(1) all residents must be 62 or over;
(2) At least 80% of units must have one occupant 55 or older; must publish and follow policies showing this intent

11. “Illegal Actions” Are Still Not So Simple: Disability
Cannot show preference on basis of physical or mental impairment
Cannot ask questions about a disability, except for 5 types of questions if asked of everyone

12. More on Disability
Must allow disabled persons to make reasonable physical accommodations at their own expense, if necessary for full enjoyment
Must make reasonable accommodations to rules, policies, practices

13. Even More on Disability: Reasonable Accommodation (RA)
RA request – no specific manner or form
With RA request:
If disability not readily apparent or known, can ask for documentation
If readily apparent or known, cannot ask
Can deny RA if no disability, no related need, or not reasonable
Discuss service animals and pet rules

14. Illegal Can be Downright Complicated: “Disparate Impact”
Under disparate impact standard, can prove fair housing violations with statistics showing the class suffered disproportionate harm
A violation even if no intentional discrimination, and even if an apparently neutral decision

15. Calling All Real Estate Agents: Beware of Steering!
Steering is when someone, through actions, words or behaviors, encourages or directs a potential buyer in a protected class toward a particular neighborhood(s) and away from others
Fails to provide certain information
Can occur when initially deciding where to look, during or after showing, or in response to questions or requests

16. Steering and School Districts
Discussions about school districts raise questions about steering
Guide buyers to third-party, objective sources
Do not make subjective assumptions
Keep records about requests and searches

17. Force the Buyer to Steer You
Don’t presume the kind of housing or location
Let buyers narrow the field through answers to legitimate questions about their housing needs
Keep questions handy
Document info in the client’s file

18. And Then There is Blockbusting . . .
Encourage Seller to sell because members of a protected class are moving into the neighborhood
Indicators of blockbusting can prompt an investigation

19. Mortgage loans and homeowners insurance
Don’t Forget Mortgage Loans, Business Organizations and Restrictive Covenants
Mortgage loans and homeowners insurance
Brokers’ services or organizations, MLS
Deeds/Condo Declarations/ Covenants and Restrictions - Boards can be liable

20. Tips on Telephone ‘Testing’
Info from telephone call can be sufficient to make a case
Tester need not be real housing seeker
Don’t need an actual offer/application
Principal liable for person who took the call
Testers know how to elicit information to establish elements of discrimination

21. How Bad Can It Get? Complaints by private citizens or Attorney General
Damages awarded to plaintiff
Administrative penalties up to:
$19,787 (1st offense)
$49,467 (2nd within 5 years)
$98,935 (3rd during 7 years)
Civil court fines up to:
$98,935 (1st offense)
$197,869 (Subsequent offenses)

22. Morals of the Story Set internal red flags and alarm bells
Respond correctly when put on the spot
Contact your broker or a Weissman lawyer before missteps are made
Keep E&O premiums paid!

23. suggestion
At the outset of a client relationship, briefly introduce your client to the concept of Fair Housing and how you are bound by the law. Later, when they ask a question or make a request, you can gently remind them about your restrictions under Fair Housing and proceed to refer them to all the public sources they will need to get the information. This way, it doesn’t appear you are “hiding” information or are uncooperative in any way.

24. Please feel free to call your broker or Weissman PC attorney with any questions.