RENT Magazine Q2 '22

discrimination nearly 20 years ago. Fair Housing testers are also allowed to use secret video and audio recordings in certain jurisdictions. TELEPHONE TESTING Telephone testing is the most common method of testing. That’s why it’s so important that the people who answer your phones know what your policies are and how to respond to certain questions. This sort of information needs to be consistently given on every single call. This can become a challenge when it comes to current availability. In a testing scenario, a person might raise the complaint that a unit was offered to one person but later that day not offered to another based on the fact that they are part of a protected class. It is quite possible that the unit was just already rented at this point. This is where documentation comes into play. Having up-to-date documentation that clearly states the exact time that the unit came off the market will quickly resolve any possible discrimination charge. ACCESSIBILITY TESTING Accessibility testing is also widespread, and it’s also very easy. Accessibility testers don’t necessarily need to take a tour of your property to determine whether your property or at least the outside of your property complies with Fair Housing accessibility laws. Sometimes they can just drive around your parking lot and look at your parking spaces and entryway. Sometimes they can go in and take a tour so they can see your amenities and your common areas, and they can tell whether you are in compliance or not. Unfortunately, if a tester does this, it’s almost too late to fix it before they can notice it. If you think that you may have some compliance issues, it’s important to go ahead and get it checked out. It’s always better to get ahead of these problems because if it’s a legitimate noncompliance issue, you’re not only going to have to pay the complainant who files the case but then you’re going to have to pay to have the issue corrected anyway.

FAIR HOUSING TESTERS ARE ALLOWED TO USE SECRET VIDEO AND AUDIO RECORDINGS TO UNCOVER DISCRIMINATION.

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