Of the 111 suits filed, 105 have been resolved thus far. It is always good to confer with legal counsel.What you will learn in this article:Sign up and keep in tune with the latest in Fair Housing news and topicsWhat information HUD will require in the way of testing evidence has also been made clearer. Fair Housing tests are conducted under FHAC’s Fair Housing program. Although HUD funds testing organizations – or perhaps because of that – their relationship has been frequently marked by mutual suspicion and even animosity. This page provides a brief overview of the tester positions currently available. Thank you for your interest in the Miami Valley Fair Housing Center’s Testing Program. And when it is not detected, it is not reported. The purpose of our testing is to ensure that fair housing laws … Testing refers to the use of individuals who, without any bona fide intent to rent or purchase a home, apartment, or other dwelling, pose as prospective buyers or renters of real estate for the purpose of gathering information. Our comments are recommendations and not legal advice. How Does Testing Work? The vast majority of testing cases filed to date are based on testing evidence that involved allegations of agents misrepresenting the availability of rental units or offering different terms and conditions based on race, and/or national origin, and/or familial status.
These data, although typically insufficient to prove discrimination, do provide information that can focus a testing investigation. For example, HUD may (and in most cases should) attempt to resolve any conflicts in the evidence by allowing each side to address the contentions of the other side.By isolating race and ethnicity as the only “non-comparable” category, a test may provide persuasive evidence that the reason the tester was offered a unit that the black or Hispanic person was denied, or given better treatment during the application process, was because of the race or ethnicity of the complainant.All blog posts are for informational and educational purposes only.
Testing is similar to mystery shopping, in that the tester plays the role of someone interested in renting or purchasing a home. Housing discrimination can be very subtle and difficult for ordinary home seekers to detect. Even when permission is not given, investigators may still use information from a “secret” document to further its investigation. The purpose of fair housing testing is to determine the likelihood that illegal housing discrimination is occurring. Of these 105 resolved cases, the Department has recovered more than $13.7 million, including over $2.5 million in civil penalties and over $11.2 million in other damages.The Department has demonstrated that testing can be a valuable tool to investigate housing market practices and to document illegal housing discrimination. The Department employees are volunteers who have been trained to participate as testers. HUD provides FHAP funding annually on a noncompetitive basis to state and local agencies that administer fair housing laws that provide rights and remedies that are substantially equivalent to those provided by the Fair Housing Act. Fair Housing testing as a means to uncover evidence of race discrimination in rental housing or “shopping” as it is sometimes called, was first approved by the U.S. Supreme Court in 1982. Since passage of the Fair Housing Amendments Act in 1988, testing programs have expanded to include tests for both national origin and disability discrimination. What is Fair Housing testing? The Section employs various means to accomplish testing in local communities, including contracts with private fair housing organizations, contracts with individuals, and by using non-attorney Department employees throughout the country. Please read this page carefully. FHEO has now instructed its intake analysts that they may request the following information if the testing organization fails to include it in the complaint: “date(s) of test, time(s) of test, name of site tested, address of site tested, name of agent(s) contacted, tester(s) characteristics (e.g., protected class), a description of what transpired during the test, and information regarding whether the respondent is covered by the Act.”Although HUD has attempted to provide nationwide uniformity in the treatment of testing evidence, how individual FHEO offices, to say nothing of individual investigators or state and local enforcement agencies, will implement this guidance remains to be seen.We provide comprehensive fair housing online training to protect you, your property and your company. Of course, if a party consents in writing to the release of one of its documents, HUD is free to do so.
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