Inauguration Day Is Over But Political Debates May Not Be: What’s Legally Unfair and 3 Tools to Help
Although Inauguration Day has come and gone, unsurprisingly, political debates have no expiration date, especially on social media and in light of the ongoing global conflicts like in Gaza, Sudan, Congo, and Ukraine.
Consequently, have you ever wondered if:
Real estate agents face career-jeopardizing complaints because they have been outspoken about their political stance despite not treating anyone unfairly?
Landlords can refuse to rent, homeowners can refuse to sell and agents can refuse to show to someone because of their political views?
Unfair Housing Sprinkled on a Word Salad
First, while political beliefs aren’t protected under fair housing, refusals can sometimes intersect with unfair housing based on religion, race, or other protected classes. The most basic definition of politics simply refers to the way people living in a large community make decisions about resources, such as (you guessed it!)... real estate!
Case-in-point:
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IdahoStatemans.com goes on to quote the Realtor as saying discrimination:
“...was not his intent” [DECODER note: which is NOT needed for disparate impact]
“He wants ‘to live by people who have … biblical morals and ethics,’ but that ‘those people can … be made up of all races and religions and sexes and genders.’ His posts were intended to be lighthearted, he said, but they stemmed from his concern about liberal politics.”
Source: https://www.idahostatesman.com/news/business/article293609094.html
If you’re wondering what’s wrong with that then that likely means you are someone that would not be harmed by this sentiment. So that means it’s important for us to hold up what we, as Fair Housing DECODERs, call an empathy mirror (it is the second “e” in the DECODER acronym).
In other words, let’s put ourselves in the shoes of those who may be harmed by this stance. We can do that by imagining the opposite of this statement. So instead of him saying he wants to live by those who have a biblical worldview let’s imagine he said he does not want to live by anyone with a biblical worldview.
Now, what are your thoughts?
Does this seem fair or does it violate religious rights?
Saying prospective home sellers (and ultimately homebuyers) have to have “biblical morals” automatically excludes certain religions and the non-religious.
Adding the rote script that they can “be made up of all races and religions and sexes and genders” is a word salad that unsuccessfully camouflages that this Realtor (allegedly) is open to unfair housing, specifically in the old-timey but still here forms of blockbusting AND steering.
As a reminder, these are the signs of illegal blockbusting:
🚩Pressure To Sell Tactics
🚩Unsolicited Offers
🚩(Desired) Displacement of Long-Term Residents
🚩False Information
🚩Targeted Marketing
🚩Negative Media Campaigns (including social media)
🚩Discriminatory Language
🚩Community Misinformation
And, these are the signs of illegal steering:
🚩Selective Showings
🚩Negative Comments About Neighborhoods or Neighbors
🚩Limited Options
🚩Promoting Exclusivity
🚩Disregarding Client Preferences
🚩Pressure to Choose Specific Areas
🚩Emphasis on School Quality
🚩Exaggerated Claims
🚩Avoiding Certain Areas
🚩Inconsistent Treatment
🚩Overemphasis on Demographic Homogeneity
If any, all or a combination of the above rear their ugly heads when it comes to a protected class like religion, then “Houston (or in this case, Idaho), we have a problem”.
Not Mindful, Not Demure, Not Ethical
Secondly, to be clear, Realtors are bound by an ethical code, and are licensed and regulated by law to help you buy, sell or lease the property that YOU WANT not the property that we as Realtors want for you.
Thus, this is also an ethical issue.
More specifically, the Code of Ethics and Standards of Practice of the National Association of REALTORS® include:
Standard of Practice 10-3
REALTORS® shall not print, display or circulate any statement or advertisement with respect to selling or renting of a property that indicates any preference, limitations or discrimination based on race, color, religion, sex, disability, familial status, national origin, sexual orientation, or gender identity. (Adopted 1/94, Renumbered 1/05 and 1/06, Amended 1/23)
Standard of Practice 10-1
When involved in the sale or lease of a residence, REALTORS® shall not volunteer information regarding the racial, religious or ethnic composition of any neighborhood nor shall they engage in any activity which may result in panic selling, however, REALTORS® may provide other demographic information. (Adopted 1/94, Amended 1/06)
Yikes! How does volunteering the statement “to live by people who have … biblical morals” stack up against these two standards?
But notice both standards directly relate to the sale or lease of a property. Enter one of the most recent standards:
Standard of Practice 10-5
REALTORS® must not use harassing speech, hate speech, epithets, or slurs based on race, color, religion, sex, disability, familial status, national origin, sexual orientation, or gender identity. (Adopted and effective November 13, 2020, Amended 1/23)
This standard means we are accountable for what we say on and off the work clock. So what happens if you have a political preference that overlaps with a protected class outside of a real estate deal? (And, frankly, most of us do.)
When Preferences May Not Equal Prejudice
Months after losing a seat with his local city council, a Virginia real estate agent, Wilson Fauber, who is also an ordained minister, had an ethics complaint filed against him regarding his marital preferences.
But were his preferences causing prejudice in his real estate dealings? Here are some questions to evaluate if unfair housing was brewing:
-- Did he receive this complaint as a result of a specific real estate transaction(s)?
-- Did he market in a way that says (directly or indirectly) he only works with those who support his marriage beliefs?
-- Did he use harassing speech, hate speech, epithets, or slurs?
The complaint was filed allegedly because Fauber posted on social media eight years ago his religious beliefs generally regarding marriage. From the complaint being based on an obscure post almost a decade old, it seems that Fauber does not badger (prospective) clients since he was recently questioned as to whether he even still has the same beliefs. This line of questioning implies how, although he may have a lifestyle preference, he is likely not demanding it from (prospective) clients – it seems to be sans a word salad. But this case will reveal more evidence either for or against Fauber.
Regardless of the outcome of that particular complaint, having a preference (for how you live your own life) is not the same as having a prejudice (that you project on others), which would put one in jeopardy of fair housing law violations.
As a simplistic and ludicrous example, if a real estate agent is a twin and has also given birth to twins, she may have an affinity for twins in general like watching on repeat Parent Trap or Sister, Sister. But that is different than showing a clear prejudice for only families that have twins and asking those who do not have twins, to move to another state (sound familiar?).
As real estate professionals held legally to higher fairness standards, we can live our personal preferences without shrouding our business deals in prejudice. Ultimately, more than one thing can be true at once in regard to federal, state, and local fair housing-protected classes.
For me, this both/and (instead of either/or) looks like:
Disability: I am currently without accessible needs AND work with anyone, providing the same level of care
Religion: I am a Christian AND work with anyone, providing the same level of care
Familial Status: I am single AND work with anyone, providing the same level of care
Race: I am Black AND work with anyone, providing the same level of care
Color: I am deeply melanated AND work with anyone, providing the same level of care
Sex: I am a woman AND work with anyone, providing the same level of care
National Origin: I am American AND work with anyone, providing the same level of care
Tools to Help
1) I encourage you to customize this list for yourself (be sure to add any additional protected classes in your state and local area), and
2) Sign the Fair Housing DECODER pledge below (download a complimentary copy here: https://bit.ly/decoderworkbook).
If you start including these statements in your buyer/tenant brokerage and seller/landlord listing agreements, then these become good ways (beyond the generic equal housing opportunity statement) to build a legal paper trail in support of fair housing (here's an AI tool to help: tool 3). Being that this is a litigious society, you will be on record asserting that your beliefs and identity do not conflict with the ethical and fair service you offer to everyone.
And that’s Fair (and ethical) Housing 101 (aka “How Not to Get Got in Real Estate”). With costs (and lawsuits) being up, understanding affordable and fair housing is more important than ever!
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