LIBOR and our REALTOR® members are committed to to ensuring all home buyers, renters, sellers and lessors
are treated equally – no matter their race or color. We know that REALTORS®
must be agents of positive change in the housing market.
LIBOR provides these tips and resources so that REALTORS®, property owners and managers, landlords, co-op boards and others in the home-buying and -renting market can go beyond legal compliance and integrate fair housing into all aspects of their business practices.
Examples of Discrimination Based on Race or Color
Discrimination can take many forms. Sometimes it is direct and easy to identify. Other times, it occurs without the intent to discriminate, but the harm to people of color is real. In some cases, unconscious biases lead to discrimination. Please refer to the Overview section to learn more.
Knowing some of the common ways discrimination based on race and color might manifest in a home-buying or -renting situation can help ensure all people are treated fairly.
In the search process, discrimination can include:
- Having more stringent background requirements for people of color.
- Making assumptions about someone’s eligibility to buy or rent based on their race or color.
- Only showing a person of color apartments in areas where other people of color live.
- Telling white home seekers where people of color usually live.
- Only showing people of color apartments in a poorer neighborhood, even though they can afford something more expensive.
- Providing different terms, rates, rules, conditions or fees based on race or color.
- Saying an apartment has already been rented when it hasn’t.
- Not returning a prospective tenant’s call or email because they have a racially identifiable name or speech pattern.
- Requiring housing seekers to submit a photograph of themselves or their families with a rental or sales application.
- Being asked by a seller or lessor to only show their home(s) to people of one race or color.
In the living situation, discrimination can include:
- Making racist comments about the food people cook or music they listen to.
- Refusing to allow or harassing a visitor because of their race or color.
- Refusing to repair an apartment because of the tenant’s race or color.
Best Practices
REALTORS® can follow best practices to help ensure they and their clients are treating all people equally.
- Provide buyers with listings based on their objective criteria alone.
- Let objective information, not subjective judgments, be the guide.
- Only communicate objective information about neighborhoods and direct buyers to third-party sources with neighborhood-specific information.
Real estate agents and brokers may unfortunately face situations where their clients engage in conduct that appears to violate fair housing laws. Here are some examples:
- When buyers ask questions like “How are the schools?” or “Is this a safe neighborhood?,” guide them to third-party sources so they can make their own decisions and do not interpret the information or provide your own opinions about it.
- When a client uses vague terms such as “nice,” “good” or “safe,” ask impartial questions to clarify their criteria, such as property features and price point.
- If a buyer persists in asking questions that could result in a charge of steering, be polite but firm in telling the buyer you cannot provide that information and that fair housing laws prevent you from steering people away from or toward a certain neighborhood based on race, color or other protected characteristics.
If agents or brokers do encounter such discriminatory behavior, they must act quickly to remove themselves from the situation and address the conduct. They must never agree to follow their client’s unlawful directive, and they should immediately cease working with any individual who refuses to follow the law. With prompt action, they can ensure compliance with fair housing laws and prevent discrimination from occurring.
Learn More
In November 2020, NAR launched Fairhaven, a fair housing simulation training for REALTORS® that uses the power of storytelling to help members identify, prevent and address discriminatory practices in real estate. Inspired by real stories, this innovative online experience has agents sell homes in the fictional town of Fairhaven, while confronting discrimination during the home buying process. Learners have the opportunity to take on the role of a home buyer facing discrimination. The training provides customized feedback that learners can apply to daily business interactions.
The lists were adapted from resources provided by CNY Fair Housing and New York City Fair Housing.