Fair Housing Testers: Are You Prepared to be Put to the Test?

Let’s talk about moles. No, I don’t mean the garden variety. I’m referring to the spy-type moles hired by agencies to catch housing providers engaging in unlawful or discriminatory practices. These people, called Fair Housing Testers, can work for state fair housing departments, private fair housing advocacy groups, or the Department of Justice. They undergo training to learn how to “act” in the role of someone seeking housing; they’re given specific guidance on what to wear, accents to use, questions to ask, and even answers to avoid giving. They’re intentionally tricky, so you must be prepared for your potential interactions with them. Their goal is to ascertain whether you are following the law and are fair housing compliant. Your goal should be to ensure you are.

Each Fair Housing Tester is given a “profile,” and poses as a potential tenant by inquiring about rental housing. They may call a number posted on an ad, send an email, or show up at an Open House. Their job is to find out whether rental housing providers treat people differently based on certain protected characteristics, such as race, religion, gender, national origin, disability, or familial status. Here are a few of the questions you may be asked, or scenarios that may play out.

1. A caller asks, “Do you accept dogs?”
   To prevent violating protections for those with Service Animals (ADA) or Emotional Support Animals (FHA), you can say, “We do/don’t allow pets and comply with all Fair Housing Ordinances.
2. At an Open House for a small one-bedroom apartment, you overhear someone saying, “I’m getting married next month! My fiancé has a daughter; I’m excited about becoming a stepdad.”
   You cannot refuse to give this person an application if they request one. Even if this person applies alone and qualifies for the unit on their own merits, you cannot prevent their spouse and stepchild from moving in with them, as families are a protected characteristic.
3. You receive an email from someone who identifies themselves as Black. They ask if the neighborhood is predominantly Black because they “prefer to live in Black neighborhoods.”
   This should never be answered with a yes or a no. Invite the person to visit the neighborhood to see for themselves. Inform them of any Open House dates or offer a showing. It is not our place to give demographics, statistics, or personal opinions; this can be perceived as “steering” and is illegal.
4. A caller asks if your property is handicapped accessible.
   The worst answer you can give is NO. Disclose the property address so the caller can locate the property on Google Maps. Direct them to your online listing, where, hopefully, your photos will convey enough information about the property and the unit’s location within the property for them to draw their own conclusion about its accessibility. Offer to show them the unit in-person or virtually; Facetime or WhatsApp are good options if you have a strong enough cell signal.
5. A caller asks to schedule a showing and explains they’re looking for a unit large enough to run a daycare from.
   Under California law, running a licensed daycare facility or licensed family child care home is not considered running a business out of the property. Ensure you’re treating this caller the same as any other caller; inform them of your Open House or offer a private showing.

The examples above only scratch the surface of what you may hear from a Fair Housing Tester. As a Berkeley Property Owners Association member, you have access to education to ensure you won’t violate any Fair Housing laws. If you need a refresher, log onto our website, and watch Steve Williams’ June 15, 2022, webinar, Fair Housing & Reasonable Accommodations, available for playback in our Content Library under On-Demand Webinars.