FAIR HOUSING DISCRIMINATION IS NOT ALWAYS INTENTIONAL OR OBVIOUS - HOME SEEKERS BEWARE!

By Monica Lopez, Fair Housing Consultant at CSA San Diego Fair Housing

March 18, 2022 (San Diego’s East County) -- Kim and James are searching for their first home and find an amazing listing for a two-bedroom home in a prime location that is right within their budget. The couple then excitedly calls the listing agent to schedule a tour to view the residence.

Upon entering the home, the agent, Carrie, asks the couple about their jobs, their current home and any features they would prefer.

The tour is going very well, and the couple is eager to make an offer, but at that point Carrie asks if Kim and James have any children. The couple disregards the question, responding with a “No,”  but add that they were thrilled to begin the  adoption process, remarking, “This would make an ideal family home!”      

The agent then turns to them and grimly states that the HOA is not “family friendly” as it used to be a senior housing development and many families have moved out due to frequent complaints from elderly homeowners concerning the noise coming from kids playing in the neighborhood.

She also explains that unfortunately, the rules of the development (covenants, conditions and restrictions, or CCRs) still prohibit anyone under the age of 18 from residing in the home. Carrie goes on to  say that she wanted to forewarn any persons with children or persons planning on having children to avoid any conflicts leading to them having to move. Carrie then proceeds to tell the couple about several other homes that they might like, which would fulfill their developing familial status, while beginning to steer them into other neighborhoods. The couple feels a bit defeated, embarrassed, and confused but agrees to Carrie’s offer because they felt obligated and were running out of time to find a place.

Can you imagine seeing your dream home, falling in love with the neighborhood, and having feelings of excitement to view the inside to make plans for your future family oasis? Then, all in one strange, awkward and discriminatory encounter with a real-estate agent, that dream turns into a dismal feeling of misfortune.       

Unfortunately, this scenario and many all too similar occur daily, and while many victims want to forget the encounter and move-on with their house search, some feel bamboozled, unable to realize what exactly took place and why.  However, this type of action takes its toll  on the persons involved and the community, while prohibiting equal access, blocking housing choice and promoting discriminatory conduct. Although the agent may have felt she was being helpful or considerate, her actions            perpetuated the rather discriminatory conduct of the HOA.

What options do home seekers have in this scenario?

Under the Fair Housing Act, discrimination in renting or buying a home, obtaining a mortgage, seeking housing assistance, or engaging in other housing-related activities based on race, color, national origin, religion, sex (including gender, gender identity, sexual orientation, and sexual harassment), familial status, or disability is prohibited.

Anyone who has been or will be harmed by a discriminatory housing practice can file a complaint against property owners, property managers, developers, real estate agents, mortgage lenders, homeowners’ associations, insurance providers and others who affect housing opportunities with their local fair housing agency (i.e. CSA San Diego), the U.S. Department of Housing and Urban Development (HUD), or the California State Department of Fair Employment and Housing (DFEH).      

If you or someone you know has experienced housing discrimination or are in the process of searching for a new home, call or email CSA San Diego County to connect with a counselor via phone: (619) 444-5700 or by email: Outreach@c4sa.org.

Any opinion, findings and conclusions or recommendations expressed in this material are those of the author(s) and do not necessarily reflect the views of HUD. This material is based on work supported by the Department of Housing and Urban Development (HUD) under FHIP Grant FEOI1900396.

Monica Lopez is a California native and earned her Bachelor of Science degree in Psychology from the University of Phoenix. Ms. Lopez is also a graduate of the Eleanor Jean Grier Leadership Academy. Monica has worked in the field of fair housing as a fair housing counselor, trainer, outreach coordinator, testing coordinator and program manager since 1997 and she has spent the last 3-years consulting for fair housing groups in Southern California.