I would first call the agents broker and explain the situation to them.  If they are unwilling to help you gain access to the condo, I would call the board office and file a ethics complaint.  You could also call other government offices to file a complaint if you choose.  There can be BIG disciplinary consequences for their actions.

I understand how frustrating this is for you.  Why can't all agents do their job like they are supposed to.  Good Luck

Ohhhhhh that stuff makes me so mad!   First, if she is not the broker a phone call to her broker is in order detailing your conversation and also insistence on getting your clients into the condo.  Depending upon how that went I would then call Fair Housing authorities and report your conversation with this agent.

Good luck to you and your clients, please keep us updated on how this plays out.

Not a good situation...not sure if reporting it would anything...the HO is really in control...as far as the agent goes...if I were that agent I would not handle the listing in that manner and would probably walk from that listing just so there is not any liability to the agent. I ran into this years ago...we went to see the property and when we got to the door..someone who appeared to be the HO asked about children...we said yes...sh said hold on a minute...came back and asked us to reschedule because of so me lame excuse about the home not being ready to show. The client was pissed off. You might want to leave them a copy of the Fair Housing laws.

This would definitley be a "fair housing violation" in my state.  I hope for everyone's sake that you report it!

I'm bookmarking this - hopefully you'll update with latest developments!  Wow, this is really bad and this agent is probably on a collision course with destruction.

I agree that you should contact the broker (or even have your broker contact her broker) and then move up the ladder from there.  To avoid turning it into a circus I would suggest informing the broker that you plan on taking it to Fair Housing if necessary.  That should get the results you need.  

Talk with the agent's broker and give the broker a chance to resolve it. The ext step, the local board and then forward as required. I can't believe some agents are so dumb!

Maureen, I read this within seconds, I guess, of you posting it. I decided to see a few comments before making my comment.

An owner (of less than 4 units) can absolutely determine who will or will not rent their unit. They can discriminate to their heart's content. But before I get brickbats thrown at me, someone with a license cannot discriminate.

The agent must follow the seller's (or in this case landlord's) lawful instructions only. Discrimination by Familial Status is not allowed in the Federal Fair Housing laws. Section 805a refers specifically to Familial Status.

I suggest you have the broker review the rules as they apply to real estate practitioners and the Fair Housing Act in general. In addition, if they are Realtors they have agreed to comply with all Fair Housing rules and regulations.

I can't believe this agent would take a listing from sellers that would discriminate.  I would not have taken the listing.  I have turned down listings where I feel there may be be discrimination.  I would give the listing up.  This agent should be reported.

Fred - I thought an owner could only discriminate in the case of it being a building of less than 4 units with the stipulation that the owner actually lives in the building. 

Fair Housing Discrimination Exemption 

Otherwise, if they are advertising it for rent the only way they can discriminate is if the rental is for a specific target tenant - such as only for members of a particular organization, such as the Legion, or a secret society (Masons, Oddfellows, etc.)

On that same page it states:

"

Housing Discrimination

The Fair Housing Act prohibits landlords from taking any of the following actions based on race, religion or any other protected category:

• Advertising or making any statement that indicates a preference based on group characteristic, such as skin color
• Falsely denying that a rental unit is available
• Setting more restrictive standards, such as higher income, for selecting tenants
• Refusing to rent to members of certain groups
• Refusing to accommodate the needs of disabled tenants, such as allowing a guide dog, hearing dog or service dog
• Setting different terms for some tenants, such as adopting an inconsistent policy of responding to late rent payments, or
• Terminating a tenancy for a discriminatory reason."

Karen, I understood about the four units, etc., I just didn't want to muddy Maureen's post with unnessary information.

Real estate practicioners are covered in the act in section 805

"In General.--It shall be unlawful for any person or other entity whose business includes engaging in residential real estate-related transactions to discriminate against any person in making available such a transaction, or in the terms or conditions of such a transaction, because of race, color, religion, sex, handicap, familial status, or national origin."

I think that covers it pretty well. Maureen, sorry for the length.

My concern was not so much the details but the comment you made, Fred:

An owner can absolutely determine who will or will not rent their unit. They can discriminate to their heart's content.

The fact is, and my point was, no, they can't. 

 It's one thing to not want to "muddy waters" but it's another to make a broad statement like that which is pretty inaccurate and misleading.

Some state laws go beyond the Federal "one to four unit" rule in protecting people from landlords who discriminate.  Wisconsin does this.  Check your state, county and municipal laws, if any, before assuming that the Federal law is all that applies.

Call the agent's broker and let him/her know that you need a response within 24 hours.  If you don't get a call back, it's time to call HUD or your state housing authority.  Your local board may take action against the agent, but that is not likely to solve the problem with the property owner. 

The regional HUD office for Massachusetts is in Boston:

Boston Regional Office of FHEO
U.S. Department of Housing and Urban Development
Thomas P. O'Neill, Jr.
Federal Building
10 Causeway Street, Room 321
Boston, Massachusetts 02222-1092
(617) 994-8300
1-800-827-5005

Okay,

My intention is not to take over Maureen's post. I went back and added "less than 4 units" to my comment. I don't want to be thrown off the boat the next time Dunder Mifflin has a dinner cruise on the lake. (That's meant to be funny, by the way).

Well I would have to say that I was under the impression by Fair Housing that the owner must live on the property if it is 4 units and under.

• The Owners do not live on the property
• This is not an Adult only community
• The condo is pet friendly

I am still trying to reach the agent- if I do not hear from her by 1pm, then I am going to call the broker.

Fred, that's a good change and thank you for adding it. But does Massachusetts (or Pennsylvania) have any additional state, county or local/municipal requirements that go beyond the Federal "less than four units" requirement??

I understand why Karen got excited about the statement that "An owner can absolutely determine who will or will not rent their unit" or "They can discriminate to their heart's content".  Both are provocative arguments and might be good fodder for a blog discussion about Fair Housing, but they are dramatically over-generalized statements. 

The NAR Code of Ethics charges REALTORS with taking steps to "protect the public" and further requires "licensees shall be knowledgeable regarding laws", which includes state and municipal laws. 

An attorney at a recent Fair Housing seminar I attended stated that "a licensee can be accused of complicity in violating Fair Housing if that licensee fails to report a violation or has knowledge of intent to discriminate but does not report that knowledge".   And even if criminal penalties don't apply, a victim might have grounds for a civil lawsuit against a party that cooperates with discrimination.