THE LAW
Fair Housing Act
Title VIII of the Civil Rights Act of 1968 (Fair Housing Act), as amended, prohibits discrimination in the sale, rental, and financing of dwellings, and in other housing-related transactions, based on race, color, national origin, religion, sex, familial status (including children under the age of 18 living with parents of legal custodians, pregnant women, and people securing custody of children under the age of 18), and handicap (disability).
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Professional real estate agents learn very early on that discrimination will not be tolerated in the eyes of the law where housing is concerned. In fact, I have been instructed by brokers and trainers alike to never discuss race at any turn even if the client initiates the conversation.
The subject is taboo. But is that real life?
REAL LIFE DEALINGS WITH DISCRIMINATION
We've all dealt with it. You may not admit it. You may not even recognize it. Most of polite society knows that a real estate agent can't tell you whether a neighborhood is inhabited primarily by Caucasians, African-Americans, Chinese, Mexicans or Indians. Whether or not a neighborhood is Polish Catholic is nothing to be discussed, even if your buyer is Polish Catholic and wants to live in such a neighborhood.
Cities set up their own "code speak" to deal with discrimination. When I lived in Tulsa, the code speak was "I don't want to live north of Admiral Blvd." After returning to Kansas City the code speak is "I don't want to live east of Prospect." Those statements ALWAYS came from Caucasian buyers. But before you think it is a problem with one particular set of people I've also heard that a neighborhood was "too white-bread" and therefore crossed off the buyer's list.
The Sign Call
While still living and working in Tulsa I had a very nice listing in the heart of South Tulsa. The listing was a ranch home that had been nicely updated and was in a very trendy part of the city. (61st & Yale area if you are familiar with Tulsa.) One day I received a sign call from a seemingly elderly lady. We discussed the listing in question and she was very enthusiastic about the home. I even sent photos by email. A short time later I received a call from the husband who seemed very enthusiastic, as well. It was the house they needed as it was only one story. It had an elevation they just loved and it was in a part of town they had always wanted to live. It was close to their kids and everything just seemed right. They were going to drive by that afternoon and give me a call.
I didn't hear from them to set up an appointment to show that day. I thought that odd based on their earlier enthusiasm. Now, we've all had clients excited about a house who ended up not buying for various reasons. But I chose to call them the next morning and ask if they had a chance to drive by and see if they liked the outside as much in person. The tone of voice was decidedly different, and cold.
While I can no longer remember the entire conversation verbatim, the excited lady from the day before was now sounding depressed. "We love the house. But we just cannot live in that neighborhood." That I remember quite well.
I was stunned. As I said, this is a neighborhood everyone wants to live in. It has modern amenities and an old fashioned feel. Close to downtown, close to suburban shopping and convenient to highways. Days on market in this neighborhood was seldom more than 30 days even in a stagnant market.
"Why? What changed your mind?" I asked.
"Well. We drove by twice. And we saw two Negro families. We just cannot live in a neighborhood like that." Said without any embarrassment or shyness.
The Fallout
Frankly, I was stunned. Most people will tell you I'm never at a loss for words. I specialize in the quick comeback for Pete's sake. But it took me a second to regroup. Thoughts raced through my mind like "does she know it's 2003?" "Does she not know how nice the house is?" "Are African-Americans not allowed to live in nice neighborhoods?" Code speak I had gotten used to. (Which doesn't make it right, by the way.) But this was outright discrimination.
The silence must have warned her that I wasn't part of "that club". I told her that I was sorry and that I didn't really know what else to say. She said that it was okay and that she had been impressed by me and my websites and wanted me to help her find some other place.
"I don't think so. Perhaps you should start searching for a new real estate agent." With that I hung up the phone.
But that wasn't the end of it.
About fifteen minutes later I received another call from her. She said she had discussed the conversation with her husband and that he informed her that she may have said something that would get them in trouble with the discrimination laws. For that she was sorry. Not for the attitude, mind you. Just that she had said it out loud. She also wanted to make sure I wouldn't turn her into the authorities.
I calmly explained to her that I didn't believe she had broken any laws. To the best of my knowledge, there is no law that regulates a person's attitudes and prejudices. Only their actions when selling or renting housing. But I don't think there is anything that can make you buy.
I didn't stop there, this time. Given a second chance this time I did explain to her that what she had said was offensive to me. That race relations and civil rights in the United States had come a long way since 1964. And that I was sorry that someone in 2003 would still base an important life decision on hatred and misinformation. I wished her the best and asked her to carefully consider her beliefs. And with that I hung up the phone with her. For the final time.
Walking the Tightrope
Don Imus, Jason Whitlock, Al Sharpton and Jesse Jackson showed us very recently how race relations boil just below the surface in this country. Jason Whitlock seems to be one of the few in the media willing to take on the subject in a manner that is both civil and fair. It's a discussion that America needs to have out loud, in mixed company.
As real estate agents, however, it is our duty to remain quiet on the subject while working. Hide from code speak. Flee from discriminatory practices and conversations. I would remind you that not only is it the law, it is the right thing to do. After all, God created all of us.
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