My answer to all four of the client FAQs you listed is..we deal in properties, not people.

It's a simple and effective response.  All these questions are about neighbors and neighborhoods, not about real estate.  The moment an agent starts to comment on those areas, he or she is likely breaking the law.  And it's a tremendously subjective topic anyway.  What qualifies a real estate licensee to give an impartial analysis of the demographics of any neighborhood?  We're not the Census Bureau.  Most agents are not education experts either. 

When you encounter bigots, tell them bigotry is not only illegal, it's out of fashion.  This is 2007.  Take it somewhere else, please.  And remind bigots that HUD is watching for them.  The huge fines and possible jail terms are not only for agents, they can be imposed on the public as well if they violate Fair Housing laws.

To the individual who told an agent "I don't give a rip" about Fair Housing rules..

You may feel smug that you were able to induce some idiot with a license to break the law.  But if that agent had been a HUD tester or had reported your questions to HUD, you could be facing jail time or a rather large fine. 

I don't consider agents who are willing to break the law to be "honest agents".  Aren't you the least bit concerned that someone who believes strongly in Fair Housing will read your comment?  For that matter, how does this reflect on the agent who referred you to Active Rain?  This is not a private post..it is available to the public.

I'll tell you what, Michael..why don't you email or mail a copy of your comments above to Bob Young at HUD in Atlanta and let's see what he thinks about your opinions.  Here's the address for the regional HUD office in Georgia: 

Atlanta Regional Office of FHEO
U.S. Department of Housing and Urban Development
Five Points Plaza
40 Marietta Street, 16th Floor
Atlanta, Georgia 30303-2806
(404) 331-5140
1-800-440-8091
TTY (404) 730-2654

Be sure to include the name of the "honest" agent who broke Federal Fair Housing laws in your home search process.  In your message to HUD, be sure to highlight your quote above that, "the highly successful agents--are those who are willing to give the consumer what he asks for by way of info about neighborhoods, ethnic makeup".  And while you're at it,  don't forget to emphasize to HUD that you consider agents who observe Fair Housing Laws to be "kissing HUD's a**".

Since you have courageously gone public with your opinions, I think you should call your local television stations and newspapers and offer to go on-camera with them.  You should also send copies of your comments on this post to the Anti-Defamation League office in Atlanta, to the NAACP and to the NCLR (National Council of La Raza) in your area.  Ask them what they think of the opinions you've publicly expressed here on Active Rain. Maybe you'd like to debate representatives of these organizations on television regarding your views on Fair Housing. 

Requesting information on the "ethnic makeup" of a neighborhood is illegal.  It is odious conduct for an agent to provide that information.  It is just as vile for a client to request it.  And not just agents are affected by Fair Housing Laws.  There are fines and penalties for non-licensees as well.   

The origin of Fair Housing Laws and the reasons for observing them are well-documented.  Intelligent agents don't "bend the rules".  Only an agent who is a complete moron would kiss a client's backside by violating Fair Housing Laws in an effort to please that client at any cost.   

And Michael, I'm very aware that your comments are public.  I'm just reminding you that you seem to have forgotten that they are. 

Thank you Charles!

I've taken the liberty of uploading a related post on the subject of Fair Housing and discrimination.  The post includes questions about how agents would choose to react if they were asked to participate in violating Fair Housing Laws.  There are also resources for reporting violators to HUD and other appropriate authorities. 

Lane,

Interesting comments..I'm surprised you chose to direct these comments to me by placing them on someone else's blog, rather than responding to my own post on this subject. 

Let me preface my remarks below by stating that I'm not an attorney and my opinions below, like those expressed in my blog posts and in my comments, are my own.  I'll add that your best bet in terms of obtaining completely reliable information is to call HUD or speak with a knowledgeable real estate attorney.

The comment you quoted above was made in a real estate context, on a website that is devoted to real estate topics.  I wasn't arguing that the Nazis can't have a parade in Skokie and I'm not opposed to the First Amendment.  My blog post on the subject of Fair Housing has inspired a surprising number of comments in which the commenter has decided to dissect and semanticize every word.  Perhaps if I'd just posted my recipe for lemon chicken here on AR, it would have been less controversial.  Still, it amazes me that a few real estate licensees find so much that troubles them about the topic of Fair Housing.

In my opinion, making a statement like "neither bigotry, nor racism, nor prejudice are illegal" is an oversimplification.  And you and I may differ greatly on what you consider to be acting upon one's bigotry, racism or prejudice.  HUD may have its own definition of what they consider illegal in this regard.

The broad definition of terms like racism and bigotry implies that they have become known to others.  Of course, if one is a "closet hater" and keeps one's opinions to themselves, those thoughts are one's own and are not illegal.  But once racist or bigoted thoughts are openly expressed (particularly when real estate activity is involved), the mere expression of those opinions may be sufficient in some cases to bring charges in Court against the individual who made those comments.

For example, there have been civil lawsuits against individuals where the Court deemed the expression of hate to be "willful intimidation" of an individual or group.  Civil lawsuits have been brought, with success in some cases, where an individual or group sued and won based on the public expression of statements that resulted in intimidation which caused economic loss. 

Look at the RICO anti-racketeering statutes.  It may be considered racketeering to assemble a group of like-minded individuals who are willing to act in concert against a particular individual with the intent of damaging them financially (organized crime comes to mind here).  The mere act of conspiring to engage in racketeering is illegal.  All it takes to institute charges of racketeering in some cases is wiretap evidence.  Pointing to your First Amendment rights won't protect you on that one.

This falls under the heading of things like yelling "Fire!" in a crowded theater.  Yes, you can argue that it's freedom of speech to do so.  However there are exceptions to everything and hate speech under the guise of free speech may be one of them.  In a real estate context, Courts have held that open expression of speech which is designed or crafted to intimidate an individual (with the intent of discouraging them from buying property in a particular area) is illegal.  

You may wish to take a look at the Move.com webpage dealing with "Equal Housing Opportunity".  You will find this page by clicking on the Equal Housing logo on the Realtor.org site.  Scrolling down the page, you'll read "If you Suspect Discrimination".  HUD does not require that a complainant prove economic loss or show bumps and bruises to the Court.  The mere expression of intent or animosity towards a protected group may be all it takes to open a file on an alleged violator.

A student of mine in a Fair Housing class told me that she encountered a new-home builder who expressed to her his unwillingness to accept offers from people of a particular race.  She reported his words (not actions, just words) to HUD.  And according to her, they began an investigation based upon her report on the sharing of his "opinions" on race.  So much for the argument that a person may freely express any thoughts in public without fear of reprisal.

Your argument that "many of the Fair Housing laws dealing with questions border on violations of the First Amendment" is a novel one.  I'd run that statement past the folks at HUD and see what they have to say.  My guess is that they've heard that claim before.  The Fair Housing Act and related civil rights acts have withstood many, many Court challenges and have not yet been found to be unconstitutional.   

Charles, I doubt if I've converted any of the negative commenters here (or on my own post).  Obviously, the subject of Fair Housing enforcement is a hot button with some licensees. 

It's funny that you don't hear agents in Fair Housing classes arguing the law with instructors, at least not in my experience.  Once in awhile, you hear an off-the-wall comment, but for the most part, agents buy into the concept without a lot of twisting and turning. 

The "First Amendment" claim is pretty iffy when it comes to engaging in discriminatory activity.  If you demand that an agent "show me houses with no ______ (fill in name of ethnic, racial, religious or other protected group) in the neighborhood", HUD will be sorely displeased!  You can yell "free speech" all you want to, but I doubt it will do any good.  

A comment to All who have contributed to this post and to my own related post--

I know that Charles and I both thank you all for your many comments to these posts!  I have scheduled a meeting this coming week (you might call it an interview) with a HUD attorney at the Minneapolis HUD office.  The interview will be material for an upcoming post.

If anyone here has a question they would like relayed to the HUD attorney, please place those questions here or post to my blog if you like.  I have also written a new post for the purposes of accomodating the submitting of questions for my upcoming HUD interview. 

I will attempt to forward all these questions to HUD for reaction and comment.  This could prove to be a valuable opportunity to get dependable answers from a HUD spokesman that might prove to be extremely helpful.

A WORD OF CAUTION: I would add that nothing obtained second-hand (or third-hand) from a post on Active Rain should be relied upon as a substitute for information provided in a state-approved Fair Housing course in your own state.  The information relayed in this and my future posts will be for informative purposes only.  You should contact HUD and/or your state licensing authorities for reliable information about any Fair Housing-related question.