The recent release by Fairfax County of the Fair Housing Rental, Sales, Lending Testing Report conducted from June 2019 to March 2021 was a stark reminder that discriminatory Fair Housing practices are still occurring in our area. The full report can be found at the following link:

(https://www.fairfaxcounty.gov/humanrights/sites/humanrights/files/assets/documents/pdf/fair%20housing%20testing%20report.pdf)

Although the Fairfax County testing focused on only three protected classes, it is important to remember all the protected classes included in the Fair Housing Act:

• Race

• Color

• National Origin

• Religion

• Sex (including gender identity and sexual orientation)

• Familial Status

• Disability

Additional protected classes in Virginia:

• Elderliness (55 or over)

• Source of Funds

• Military Status

Summary of Report Results:

Race, National Origin and Disability were the three protected classes tested specifically in the rental, sales, and lending markets.

Race:

Rental - Black testers were quoted a higher amount and more fees, lower and later availability, were not shown amenities, not notified of additional units in other communities.

Sales – Black testers were shown fewer units, not informed about units out of their price range, were asked to sign an agreement when white tester was not, not followed up with when white tester was.

National Origin – Latinx and Asian

Latinx - There were noted discrepancies in amount of detailed information provided, information about income requirements, follow up voice mails, frequency of follow up, timing of sending quotes, availability of number of units and community amenities, and offering of virtual tours.

Asian – There were again noted discrepancies in information provided regarding number of units, qualification and income requirements, in addition to specials being offered, and voicemail follow up.

Disability – Hearing Versus Deaf Testers

Rental – leasing agent only asked hearing tester for contact information, offered a live tour, and informed them about a special – deaf testers were not. In addition, a deaf tester was asked how they found out about complex, was hung up on initially and were told about more stringent application requirements.

The report summarized that “In general, tests showed the housing providers were more likely to give White testers more detailed information, respond more frequently to their messages, and give them more favorable terms than their matched pair. It was also clear that certain housing providers lack the training to provide the same level of treatment to Deaf individuals as they do to hearing individuals…”

REMINDERS -

According to The Fair Housing Act and as noted on the Department of Housing and Urban Development’s website (see link below), it is illegal to do any of the following because of any of the protected classes:

• Refuse to rent or sell housing

• Refuse to negotiate for housing

• Otherwise make housing unavailable

• Set different terms, conditions or privileges for sale or rental of a dwelling

• Provide a person different housing services or facilities

• Falsely deny that housing is available for inspection, sale or rental

• Make, print or publish any notice, statement or advertisement with respect to the sale or rental of a dwelling that indicates any preference, limitation or discrimination

• Impose different sales prices or rental charges for the sale or rental of a dwelling

• Use different qualification criteria or applications, or sale or rental standards or procedures, such as income standards, application requirements, application fees, credit analyses, sale or rental approval procedures or other requirements

• Evict a tenant or a tenant’s guest

• Harass a person

• Fail or delay performance of maintenance or repairs

• Limit privileges, services or facilities of a dwelling

• Discourage the purchase or rental of a dwelling

• Assign a person to a particular building or neighborhood or section of a building or neighborhood

• For profit, persuade, or try to persuade, homeowners to sell their homes by suggesting that people of a particular protected characteristic are about to move into the neighborhood (blockbusting)

• Refuse to provide or discriminate in the terms or conditions of homeowners insurance because of the race, color, religion, sex (including gender identity and sexual orientation), disability, familial status, or national origin of the owner and/or occupants of a dwelling

• Deny access to or membership in any multiple listing service or real estate brokers’ organization

https://www.hud.gov/program_offices/fair_housing_equal_opp/fair_housing_act_overview

BOTTOM LINE –

TREAT EVERYONE THE SAME