Casual Statements Can be Deemed Discriminatory

Leasing staff and others working at apartment communities should be warned about making small talk with applicants at their properties. A Massachusetts real estate broker recently learned the hard way that even a casual remark – with no ill intent – can lead to fair housing trouble. The case at hand is Linder v. Boston Fair Housing Commission, February 2014.

 

During a meeting with a married couple (the wife was from Brazil), the broker – just making conversation – asked the wife where she was from. There was no way the broker could have known, but another realty company had allegedly denied the couple an apartment due to the wife’s national origin. Fearing the same thing was about to happen again, she answered that she was from Venezuela.

 

A month after this, the couple were given a unit at the complex; so clearly, the landlord had no discriminatory intent when he asked the question. Unfortunately, the woman claimed to have suffered extreme anxiety and sleepless nights – which continued for years – even though the landlord rented them a unit.

 

The couple filed a complaint with the Boston Fair Housing Commission, which ordered the broker to pay more than $60,000 in damages, penalties and attorney’s fees. The Commission found that the broker’s question contributed to the wife’s “stress, fear, and anxiety,” during two periods of time: for the month right after the question until they rented a unit, and for the year they lived there until they moved again.

 

The broker appealed, and in February 2014, the Massachusetts high court upheld the Commission’s decision, but reduced the damage award. The Court indicated that the broker did in fact violate fair housing law by asking about the woman’s national origin. This was the case even though there was no discriminatory intent and he did not discriminate against the couple. The Court reduced the damages by stating that the broker had to pay for emotional distress during the month prior to rental of the unit, but not for the year the couple lived at the property.

 

Bottom line: Managers should stick to the script when interviewing prospects for housing. Even a small deviation, and a casual comment or question, can lead to fair housing trouble. It’s a shame things have gotten to the point where we cannot even have a casual conversation with our prospects, but while this case is unusual, it is also instructive.

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