Most of the Newsday fair housing issues focused on steering buyers to neighborhoods.
Do you have some ideas on a form that perhaps the forms committee could draft in the near future to create a fair housing friendly form for buyers to complete upon signing a buyer agency/rep agreement whereby the buyer "steers" the buyer rep to their desired home/area/neighborhood instead of the buyer rep "steering" the buyer to the home/area/neighborhood which can invite intentional or unintentional fair housing accusations/violations.
This forms could help prevent the buyer rep from "steering" the buyer perhaps in violation of fair housing laws…
Example questions for such a form…please send your thoughts or suggestions to byron
What is your ideal price range?
What is your ideal monthly home payment (mortgage, taxes, insurance, savings for both preventative maintenance, lawn care, pest control, upgrades, future appliance/system repairs, and unexpected emergencies)?
Where are some areas that you want the buyer brokerage to identify possible properties? (e.g., distance from city center, neighborhoods, subdivisions, sides of town, close by suburbs, etc.).
FAIR HOUSING ALERT: REALTORS® cannot steer property searches based in any manner on race, color, national origin, familial status, religion, sex, gender identity, sexual orientation and/or disability/handicap. So while a buyer can conduct the buyer’s own research on areas and populations and direct the buyer’s REALTOR® to show the buyer properties in area _______________.
Buyers do not ask your REALTOR® any problematic fair housing questions such as
"Where do all the people who look like me live? Illegally violate fair housing laws and steer me to that area."
or
"Where do all the people who share my sexual orientation live? Illegally violate fair housing laws and steer me to that area.
or
"Where can I live where there are no children nearby? Illegally violate fair housing laws and steer me to that area.
or
"Where do all the people who share my religion or lack of religion live? Illegally violate fair housing laws and steer me to that area."
or
"Where do I live where no handicapped/disabled people live? Illegally violate fair housing laws and steer me to that area."
[Even questions about criminals can touch on fair housing issues when arguments can be raised that certain race, color, or national origins are not treated fairly by the criminal justice system. So perhaps even avoid REALTORSr providing criminal location steering.]
When a buyer asks about where is a GOOD place to live, REALTORS® should ask the buyer to define GOOD and not use any fair housing protected classes in the definition of GOOD. REALTORS® should not guess what the buyer means by the term "good place" when steering to potential properties.
For example
Good can mean…
Walkability or driveability to shops, restaurants, entertainment, services, health care…
Weather and weather risks provided by weather experts…
Flooding issues provided by flood experts…
Insurance issues provided by insurance experts…
Certain rush hour traffic counts and commute times to specific job locations…
Certain grades on the local public/private schools…
Certain grades on the local health care…
Crime statistics that the buyer reads on law enforcement websites or reports…
Distance of schools…
Distance of jobs, shops, restaurants, services, hospitals…
Distance of highways, noise, smells, dump, industries, power plants, animals, farms, light…
Distance to specific types of recreation (e.g., rivers, lakes, trails, biking, golf, tennis, ball sports, gyms, movies, playgrounds, pools, theaters, zoo, music)
Owners associations issues provided by lawyers and experts…
Water issues (well, private, government, septic, sewer)…
Future development, remodeling potential…
Lot size, zoning…
Special needs…
Handicap/disability considerations in the property, showings, transportation…
Age of property…
Style of home/neighborhood…
Detached home, condo, other…
Garage, carport, pool, spa, shed, playground, yard, slope, drainage, grass, natural, trees, shrubs, sprinklers, alarm…
Fireplace…
Number of bedrooms…
Number of baths…
Types of stove, heat, air, grill, stove, oven, gas, electric, solar…
Green energy concerns…
Layout…
Investment, vacation, home…
What issues are top priorities…compromises…
Posted by: Byron King on 1/23/20 (This information is only accurate as of 1/23/20. You must contact SCR for updates and changes to this information after 1/23/20 as laws and regulations may change over time. SCR 803-772-5206 or email info at screaltors.org)