Fair housing testing
Answers
The main way this kind of discrimination gets evidenced, because the alternative is one person word against a policy.
What testing is
Trained people contact a housing provider posing as prospective tenants, matched on everything except the characteristic being tested. One asks about an assistance animal and the other does not, or one discloses a disability and the other does not. What each is told is recorded and compared.
Why it exists
Because refusals in this area are rarely written down. A leasing agent who says the building does not allow animals has refused an accommodation, and without a tester it is one applicant recollection against a company policy that looks lawful on paper. Testing produces a contemporaneous record of what a provider actually says.
It is lawful
Testers have standing to sue in their own right, and courts have long accepted testing evidence. Providers sometimes describe it as entrapment; it is not. A tester records the answer your staff gave, which is the answer a real applicant would have got.
What it means for each side
- For a tenant: if you were told something at a front desk that felt wrong, a local fair housing organisation may test the building. That produces evidence you could not gather yourself.
- For a provider: your exposure is what a junior member of staff says on the phone, not what your written policy says. That is why the front-desk script matters more than the policy document.
Common questions
- How do I ask for a building to be tested?
- Contact a local fair housing organisation, describe what happened and when, and they will decide whether to test. It costs you nothing.