'HELP' Finds Local Entities Guilty of Housing Discrimination

This article was submitted to Patch by Grant Eshoo of the HELP program.

Housing Equality Law Project (HELP), a nonprofit civil rights group dedicated to promoting residential integration and combating all elements of housing discrimination through education, advocacy, and enforcement programs, announced this week it is celebrating National Fair Housing Month during April 2013, which marks the 45th anniversary of the federal Fair Housing Act.

The Fair Housing Act, which was passed just one week after the assassination of Dr. Martin Luther King Jr., prohibits discrimination based on race, color, religion, sex, handicap, familial status, and national origin. The State of California extends fair housing protections to include marital status, source of income, sexual orientation, and any arbitrary characteristics.

HELP staunchly believes that all individuals and families should have equal access to the housing of their choice as a fundamental right, wherever it is situated. This includes access to renting, buying, mortgage loans, and insurance policies.

This year, HELP celebrates National Fair Housing Month to broaden awareness and shine a spotlight on this very important law, especially as it relates to “professional housing providers,” such as licensed realtors, brokers, banks, property managers, and management companies.

In the past year, HELP conducted several systemic tests involving professional housing providers, which revealed widespread violations, from differential treatment of tenants to outright denials of housing opportunities. This is especially troubling since property owners hire such “professionals” to manage their investments and, as agents licensed with the California Department of Real Estate, they are required to know fair housing laws. It should be noted, however, that these laws apply to all housing providers, and are not limited to just “professionals.”

Alain Pinel Realty, Pacific Union International, and the Bay Property Group were just a few of the many housing providers HELP tested where violations were reported to the U.S. Department of Housing and Urban Development (HUD) for enforcement. All three companies were able to reach a settlement with HUD that included affirmative relief (training, etc.) and penalties totaling $100,000.

HELP encourages professional housing providers to obtain voluntary training from fair housing agencies as opposed to online or by other industry experts because fair housing agencies are able to present fair housing matters from the perspective of an objective investigator, and not a real estate industry professional. This would help keep their fair housing knowledge current, to avoid potentially costly penalties.

In February of 2013, HUD issued a final rule to standardize implementation of the Fair Housing Act’s discriminatory effects standard (see the HUD Press Release). Included in this rule is a confirmation that the Fair Housing Act may be violated by a housing practice that has a discriminatory effect even if the practice was not motivated by a discriminatory intent. This is often referred to as the disparate impact principle, which has been enforced as such for 40 years.

“Housing discrimination not only affects families, but it also affects communities and our state as a whole," said HELP Executive Director Mary Prem. "During these tough economic times, any unnecessary and unjust hurdles to home-buying or renting must be eliminated.” 

HELP was established in 2009 without any government funds amid the ongoing financial and housing crisis in order to help safeguard the fair housing rights of all Californians. Individuals who believe they may be victims of housing discrimination should contact HELP at 415-797-HELP (4357).

HELP also offers informational seminars to housing providers who wish to learn more about their rights and responsibilities under the Fair Housing Act. 

Do you think housing discrimination is a problem in the Gilroy area? Tell us in the comments below.