Are The Fair Housing Laws Unconstitutional? Probably.

It is frustrating when a buyer from out of town comes to an agent because they want to know the best places in the city for them, and yet we usually can't really tell them the places they are looking for out of fear that we will be accused of violating the Fair Housing Laws. Client come to us because we are supposed to be experts on the area but instead we have to pass on some of the very questions that are most important to them.

The way the Fair Housing Laws are interpreted is yet another example of political correctness gone nuts.  Discrimination is a bad thing, but not allowing agents to help buyers find what they want is just silly.  I'm with your attorney friend.

Like everyone else here, I understand the rationale for the Fair Housing Laws but also think that not being able to use the phrase 'within walking distance' in relation to a property is ludicrous. Politiaclly correct speech has become a burden and a barrier to meaningful communication.

Excellent thought provoking post which will generate lots more thought and lots more comments, too.  I have had the same question posed about being a mixed race couple not wanting to be discriminated against.  I believe in how necessary fair housing is but our goals not to discriminate may include variations of what the laws and codes dictate as unwavering.  I think some changes would be in order but I imagine it would take years of working on something like this to be equitable.  Quite a conundrum.

Amen.  I agree.  Great post.

I did not catch that post so thanks for highlighting this concept. Freedom of speech is an interesting angle to the laws.

Of course your attorney friend is right - kids come in for free, ladies night, senior citizen discounts - they are all discriminatory and unconstitutional.  But there are reasons for all those things - based in economics and not in political correctness.

These laws are cumbersome and confusing sometimes, but I am amazed at how much information buyers have regarding the neighborhoods they want to live in for their particular lifestyle and they tell ME.

I know one investor who teaches English as a second language, and one nationality primarily rents from her. Word of mouth.

Sarah

As long as my neighbor isn't Jeff Belonger, I'm cool.

One of the biggest reasons agents lose clients is because we did not show them the homes they desired.   I understand the original intent of the law,  and a client request due to their personal comfort would seem within reason.

Hi there.....I'm glad you are continuing this conversation. And I completely agree with you...when I had young kids, I wanted to live in a family-friendly area. Now? not so much! I mentioned in my post that now I'd like to live in an Italian neighborhood simply for the food. Too bad my agent won't tell me where all the Italians live.

There is a class going around that teaches agents how to deal with different ethnicity's and I wonder about that. Should I treat a Chinese person differently than I treat an Italian, because of where they came from?

That could be interpreted as discrimination by someone who felt slighted. 

I ask the client who suggests a "type" of neighborhood they want to give me a price and size house they want and they can knock on doors to see if they want that neighborhood. Seems to work for me.

Real estate agents lost the ability to have these kinds of conversations because as a group they abused it.  That's the bottom line.  And they continue to abuse it.  Yes, it is an infringement of free speech, but what is the alternative?  Unfortunately, not everyone has good intentions and steering is a big problem.  There are always those who will help you along and show you where you belong.

Patricia - I mentioned this post in a post I wrote this morning...thought you'd like to know.

Discrimination and Fair Housing Laws

PS I know some people don't like links in their comments, so feel free to delete this if you prefer a no-link comments section.

I have thoroughly reading the comments, which were quite varied and very interesting.  Clients do not understand why we cannot help them figure out where they are going to be most comfortable;  I have always thought the intent of the legislation should be to criminalize discrimination, however, as is usually true with most legislation designed to change behavior, it has gone overboard and prohibited us from providing useful information even when there is no real or imagined discrimation intended!

This is a tough topic, we want to help each client but not get into any issues. I have refuesd to answer several questions due to "fair housing laws". While I have a good grasp of the laws, I play extra safe bcause I do not want the potiential issues.

Great post and discussion.  I am in agreement with Broker Bryant.  If a client asked me to find them a house within walking distance of a synagogue, I would.  I've had clients ask me to find them a house within walking distance of a certain elementary school.  Is that steering?  I don't think so.  Those are the client's wants and/or needs. 

Also, I agree with @Lenn  #20  It's steering if it's the agent's preference for the buyer. 

Pat

Im going to go out on a limb here and suggest you are looking at the fair housing laws a little too carefully and seeing things that arent there. its discrimination thats against the law,  not steering. steering is but one example of things that are discriminatory.  But what is steering??

Heres my definition: Steering is an action by a real estate agent or broker to either advise a client to purchase in a particular area on the basis of their membership in a particular class, or failing to expose the client to a neighborhood that meets their criteria because of their membership in a protected class

Whats important to me here is  an action by a broker or agent....A client is not guilty of a crime, and neither are we if they steer themselves

If a client asks for a neighborhood with specific demographics it is not discrimination (and not a crime) for us to actively help them find it

Fair Housing laws have survived a great many constitutional challenges.  No doubt there will be more.  In the meantime, the political climate suggests they make great material for some to complain about.