HUD Testing Makes Discrimination an Expensive Business

According to the Fair Housing Act, discriminatory practices include several behaviors, such as representing "to any person because of race, color, religion, sex, handicap, familial status, or national origin that any dwelling is not available for inspection, sale, or rental when such dwelling is in fact so available."

Detecting discrimination in real estate transactions can be a big problem for the powers that be, because it is by nature so subtle. If someone doesn't have actual evidence that other people are being treated better, they don't often feel that a complaint will be taken seriously. It helps when there are other people to confirm that discrimination has, indeed, taken place.

One of the ways that the U.S. Department of Housing and Urban Development (HUD) fights against discrimination is through testers who pose as people looking for a home. First approved by the United States Supreme Court in 1982, testers have been a very significant tool in discovering and addressing discrimination in housing.

Advocacy groups, which are often funded by HUD, will send comparable people to gather information about the person or group offering a place for rent or sale. Testers will be chosen carefully to ensure that the only significant difference between these potential renters or buyers is their race, sex, handicap, or other characteristic that may be discriminated against. Reports will be made and sent to the advocacy groups, and then a decision can be made as to whether it seems that the party in question is participating in discriminatory acts.

Especially in this day and age, it is reprehensible that such testing even needs to be conducted. Many homeowners claim that it is a waste of their time and income to interview people who don't have a serious desire to own or rent a home from them. However, testing is a valuable tool in determining whether people are being discriminated against based on any protected status. It also helps protect property owners from unjustified claims of discrimination.

HUD-supported testing continues to be one of HUD's weapons against racism and other forms of discrimination. Landlords and home sellers should be aware that testers can appear everywhere, even if there is no report of discriminatory behavior. Property buyers and renters of every protected class have the right under the law to be considered fairly with other applicants. With a $16,000 fine per infraction, discrimination can be an expensive business.

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