Fair Housing

By Steven K-Brooks 

Following the “do’s and don’ts” of fair housing rules is simple… right? Blockbusting, redlining, and steering are illegal. Housing discrimination by, “Race, Color, Religion, Sex, Handicap, Familial Status, National Origin, Age, Genetic Information, Veteran Status,” violate Federal law. Many states include additional classes of protected people. 

My real estate broker’s license requires that I not violate fair housing laws. But what happens when real life does not neatly fit the formula?

My clients — a relocating family with two young children — had viewed homes in several towns, and were now looking in an area across the Connecticut River with recently-built homes on well-manicured, two-acre lots. The father, Lawrence, turned to me and said:“Do you think my daughters will be the only Black children in the school and get picked on by the White kids?”

Later, his wife, Brenda, took me aside. She explained that her husband holds a strong philosophical principle that there are no black people, no white people: just human beings. So she was surprised by what he had said. “That Lawrence even mentioned black and white, he must really have a strong gut feeling worrying him about this area.”Later, I discussed the concern with Brenda and Lawrence.

I told them that I know a Black man who has lived in that town for 20 years. I offered to ask him if he would mind speaking with them. When I called to ask him if it would be OK for me to give my clients his contact information, he commented that the neighbors would not burn a cross on their lawn, but also they would not likely invite them over for a cookout. After speaking with him, my clients decided to move on.

About a month later, Lawrence and Brenda chose to buy a home in a rural Vermont village. A couple of months after moving in, they told me that their new neighbors were friendly, and their children found lots of neighborhood kids to play with.

During a continuing education course on Fair Housing, I told this story and was admonished by the instructor that my actions had been an egregious violation of Fair Housing laws. By entertaining a discussion about the character of that community and suggesting a discussion with another black person, I was steering and had given Brenda and Lawrence disparate treatment on the basis of their color or race.

I brought up this incident again at another class with another fair housing expert. This time I was told that I should simply have told Lawrence and Brenda that I am unable to answer the question.

Here a father, concerned — not with legal theories — but with the well-being and safety of his children, had asked for my help, trusting that I would care enough to give an honest response. Yet the fair housing experts said that I should have played it safe and demurred because a genuine response would violate the formula.

What do you think?

– 30 –

Retired from active real estate brokerage, K-Brooks lives in Brattleboro and writes on blog88.org.