{"id":2281,"date":"2011-01-17T09:56:42","date_gmt":"2011-01-17T16:56:42","guid":{"rendered":"http:\/\/rmlsweb.wordpress.com\/?p=2281"},"modified":"2011-01-17T09:56:42","modified_gmt":"2011-01-17T16:56:42","slug":"the-list","status":"publish","type":"post","link":"https:\/\/rmlscentral.com\/v1\/2011\/01\/17\/the-list\/","title":{"rendered":"The List"},"content":{"rendered":"
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Written by Jo Becker, Education and Outreach Specialist for Fair Housing Council of Oregon<\/font><\/h2>\n

\"\"<\/a>It\u2019s the stuff of urban legends.\u00a0It always comes up in fair housing trainings\u2013be it classes I attended years ago as a sales agent or in classes I conduct for the Fair Housing Council now.\u00a0Everyone\u2019s heard of it; everyone wants to know how to get his\/her hands on it.\u00a0Some call it the \u201cRed Light\/Green Light\u201d list; others have dubbed it with the classy moniker of the \u201cNo-No\u201d List.\u00a0That infamous, non-existent list of words one should never utter; a list that if ardently avoided would keep one safe from fair housing complaints or violations.\u00a0I\u2019ve got news for you folks; \u201cTHE LIST\u201d is a myth!<\/p>\n

HUD, the federal regulatory body with the power to enforce the Fair Housing Act, does not have such a list.\u00a0We at the Fair Housing Council (FHCO), the authority on fair housing across Oregon and SW Washington, have never had such a list.\u00a0What most people probably recall are lists that newspapers have published for advertisers to help ensure protection against a fair housing violation that would name them as well as the sales agent placing the ad.\u00a0These media lists are often more conservative than we at the FHCO are, essentially because these publications are very sensitive to being slapped with a fine or lawsuit.<\/p>\n

Realtors\u00ae have, no doubt, experienced multiple listing service computer programming that scans newly input listings for verbiage that may violate fair housing laws.\u00a0Please don\u2019t be intimated or put off by these electronic programs; they don\u2019t know if you typed \u201cwhite picket fence\u201d or \u201cwhites only.\u201d\u00a0When you\u2019re asked to review your listing, simply double check it and know that a living, breathing human will follow up to review it as well.<\/p>\n

Now, the myth of the list has spawned many urban legends, which I would like to debunk and\/or explain here.<\/p>\n

Walk-in Closet <\/strong> \u2014 This is a common feature in many homes and is commonly understood to refer to such.\u00a0So long as you don\u2019t go on to imply that (or limit access to) someone who isn\u2019t ambulatory can\u2019t use the closet or live in the home, you\u2019re fine!<\/p>\n

View Property <\/strong> \u2014 Same as above.\u00a0So long as you don\u2019t limit access to the view property to sighted individuals, there\u2019s nothing wrong with using the word \u201cview\u201d to describe a property with such an amenity.\u00a0That is opposed to a case in which a landlord refused to tour an available unit with a blind applicant saying, \u201cWhy should I bother; you can\u2019t see it anyway!\u201d\u00a0That, my friends, is discriminatory and illegal.<\/p>\n

Mother-in-law Suite <\/strong> \u2014 Guess what, it\u2019s fine so long as you don\u2019t really mean that only a mother-in-law can live in the unit.<\/p>\n

What about \u201cnear?\u201d<\/strong> \u2014 Now, we\u2019re getting into a more complex issue.\u00a0It\u2019s not uncommon to see promotional verbiage indicating close to shopping, transit, etc. This is fine.\u00a0However, you begin to cross the line with fair housing law if you say \u201cnear the ABC mosque,\u201d or \u201cclose to the XYZ church.\u201d\u00a0 Referencing religious or cultural sites\u2014even though they are valid landmarks\u2014may have what we call a \u201cchilling effect\u201d and can be illegal.\u00a0Let\u2019s say a synagogue or Jewish community center is referenced and the housing consumer reading it isn\u2019t of that faith or ethnic background.\u00a0They may feel that they\u2019re not welcome there and this chilling effect can have an illegally discriminatory impact whether it was intended to or not.<\/p>\n

Another touchy issue<\/strong> is referencing local schools.\u00a0 National sales tests have found that schools are sometimes used as a proxy for where to buy a home.\u00a0That is, some agents encourage buyers to look at and buy homes in school districts whose demographics are consistent with that of the buyer. White testers were told the virtues of predominately white schools (and by association, their neighborhoods); while minority testers were directed to predominately minority schools (and their neighborhoods); the exact schools agents told white testers to avoid.\u00a0Simply listing the school district and schools that serve the area is fine so long as you do this with all of your properties.\u00a0 Referring housing consumers to the district\u2019s office or website for school stats and other information from which they can develop their own opinion in is a safe strategy so long as it is applied neutrally and consistently.\u00a0Touting certain schools over others is less so, and we don\u2019t recommend it.<\/p>\n

Of course, any good list (if we were to create one) would include the following blatantly discriminatory statements:<\/p>\n