Don't discriminate when selling home
Walking tightrope between marketing, fair housing laws
By Bernice Ross, Tuesday, September 15, 2009.
Flickr image by woodleywonderworks.DEAR BERNICE: My husband and I are Orthodox Jews and live just three blocks from our local temple. We are moving back to New York to care for my elderly parents. When I went over the selling points of our house with our broker, I was shocked. She told me that it was illegal to use the phrase "walk to temple." Our home has a very wonderful kosher kitchen. She said we couldn't reference that either.
This seems very unreasonable because these are two of the most important reasons why we bought this home. Is there really such a law? --Susan R.
DEAR SUSAN: The "fair housing" laws in this country are very strict. In fact, most states require new and experienced agents to take a fair housing course when they renew or first obtain their license. The laws are designed to prevent discrimination against various groups of people. Here are just a few examples of how strict these laws are:
1. Asking "How many people are in your family?" discriminates against those who are single or who may not be part of a traditional family unit. The correct question is "How many people are in your household?" This avoids sticky questions about marital status, children, and a host of other issues.
2. In your case, the phrase "walk to temple" discriminates against those who don't belong to your faith.
3. "Family neighborhood" discriminates against those who are single, divorced or widowed.
4. "I want to live in a neighborhood where they speak my native language." If the Realtor shows you properties in a specific neighborhood where most of the residents are from the same country, the agent can be accused of "steering" the buyer away from other neighborhoods. This is a serious issue that can cost the agent his or her license.
5. Many states have "testers" who monitor the real estate community for fair housing compliance. And lawsuits can result when these testers find discrepancies in the treatment of clients and prospective clients. ...CONTINUED
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Submitted by Kris Berg on September 15, 2009 - 1:55pm.
Great fair housing reminder.
By the way, "Walk to temple" also discriminates against people with certain disabilities, so that one is a double offender.
Kris Berg
San Diego Castles Realty
San Diego Home Blog
Submitted by Deb Agliano (DebOnTheWeb) on September 15, 2009 - 3:14pm.
One other point for Susan is to check with the synagogue. Our local Orthodox community has an email list of people looking to potentially move into the area. Houses that come up for sale in the eruv (a special are that is marked off near the temple) are emailed to this list. These are people who are specifically looking for houses with kosher kitchens and proximity to the temple.
Deb
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Deb Agliano (AKA DebOnTheWeb)
ERA Andrew Realty
www.DebOnTheWeb.com
Follow me on Twitter: http://twitter.com/DebOnTheWeb
Submitted by Jim Hamilton on September 15, 2009 - 3:34pm.
This is a very interesting article ! Housing Discrimination has taken on a different level. Most common people don't even know what the laws are against discrimination or what it represents. As for myself i didn't see anything wrong with the client saying the home has a kosher kitchen or that you can walk to the temple. If i was a Jewish person looking via the internet without using a Realtor, i would like to have that information available. The same as i would like to know about the pool and hot tub.. Even though i know what a temple is ! I don't have a clue what this kitchen is, but now that you mentioned it i would like to know. I believe we have taken housing discrimination totally out of contexts when it comes to full disclosure. My wife is Italian so when i walk into some homes i know right away.
Housing Discrimination has nothing to do with informing a client as to whats inside the home,or whats located near the home. Now if an agent give their opinion regarding a neighborhood or what's inside a home then this may be considered discriminating. I remember asking an agent regarding the safety of a neighborhood and she replied i can't say.. ( WRONG ) My family and i are moving to a new city, i am depending on that agent to tell me if this area is safe for my family because i don't know the area amd Clients have a rights to know if there's been a crime committed in a home. If commission's are placed on the back burner and you listen to what the clients wants and needs are ! You want ever have to worry about discriminating or being discriminated against. Laws are written by people that have never been discriminated against.
Submitted by john fraser on September 15, 2009 - 4:03pm.
Good Lord (oops, sorry. No offence intended), some of this stuff gets absurd. Obviously "bachelor apartment" and "mother-in-law suite" are off-limits. And clearly "Jack and Jill bathroom" will offend those who don't fall down hills with pails of water. In Canada we are still allowed to suggest igloos may be suitable for Eskimos, although probably not much longer. The climate change folks say the igloos won't be around soon and the Eskimos are now Inuit. But if these laws prevent you Americans from making any more jokes about us living in igloos, then good. We're tired of them.
Submitted by Cindy Cara on September 15, 2009 - 10:37pm.
http://www.hud.gov/offices/fheo/library/sect804achtenberg.pdf This HUD document states:
4. Handicap. Real estate advertisements should not contain explicit exclusions, limitations, or other indications of discrimination based on handicap (i.e., no wheelchairs).
Advertisements containing descriptions of properties (great view,fourth-floor walk-up, walk-in closets), services or facilities
(jogging trails), or neighborhoods (walk to bus-stop) do not violate the Act.
Cindy Cara
Network Real Estate
www.network-realestate.com
Submitted by Cindy Cara on September 15, 2009 - 10:40pm.
http://www.hud.gov/offices/fheo/library/sect804achtenberg.pdf This HUD document also states:
Terms such as "mother-in-law suite" and "bachelor apartment" are commonly used
as physical descriptions of housing units and do not violate the Act.
Cindy Cara
General Manager
Network Real Estate
www.network-realestate.com
Submitted by Ruthmarie Hicks on September 16, 2009 - 10:58pm.
Jim,
You can contact the local authorities to ask about area crime. You are far from helpless in this matter. Yes, it requires some leg-work on your part, but the anger and resentment are ridiculous. These laws are for the public good so that neighborhoods aren't labeled as "bad" or "good."
Your comment on commissions is way out of line. Its not a commission that's at risk. It's a license and a career. Where I come from it takes YEARS to carve out a career in real estate. I can not and will not risk my license and a five-figure fine for someone who acts as though I don't deserve my commission. I don't get paid one cent until a transaction closes. How would YOU like to go to work and not know if you are going to be paid that week? We do that every day.