Fair Housing Laws: Steer Clear of “Steering”

“Steering” is the practice of influencing a buyer’s choice of communities based upon one of the protected characteristics under the Fair Housing Act, which are race, color, religion, gender, disability, familial status, or national origin. Steering occurs, for example, when real estate agents do not tell buyers about available properties that meet their criteria, or express views about communities, with the purpose of directing buyers away from or towards certain neighborhoods due to their race or other protected characteristic. If a client requests a “nice,” “good,” or “safe” neighborhood, a real estate professional could unintentionally steer a client by excluding certain areas based on his or her own perceptions of what those terms means.

Despite being illegal under the Fair Housing Act, a recent investigation conducted by the newspaper Newsday has shown that steering continues to be pervasive. Newsday had real estate agents show properties to one white tester and one minority tester (either African American, Hispanic, or Asian) with similar housing needs and financial capabilities. The investigation revealed that in 24% of cases, the real estate agents directed the white tester into differing communities from the minority testers, suggesting evidence of steering.

The following best practices will help you steer clear of steering:

  • Provide clients with listings based on their objective criteria alone.
  • When a client uses vague terms such as “nice,” “good,” or “safe,” ask impartial questions to clarify their criteria, such as property features and price point.
  • Only communicate objective information about neighborhoods and direct clients to third-party sources with neighborhood-specific information.
  • Learn to pay attention to your unconscious biases. When evaluating what a client objectively wants, ask yourself why you have eliminated certain areas, if you have.

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Congress Grants Paycheck Protection Program (PPP) Extension

In a surprise move on July 1, the U.S. Congress cleared legislation extending the Paycheck Protection Program (PPP), popular with REALTORS®, through August 8.

The measure was signed by President Trump on July 4.

Created by the CARES Act in March, PPP offers forgivable loans for small businesses to pay expenses and keep workers on the payroll. Loans are also available to independent contractors. Although the program quickly ran out of money, it was injected with new funding a month later. The application period for the program ended on Tuesday with $130 billion still unallocated.

“This extension is great news. Congress heard our concerns that small businesses still need help, and this program should remain available as long as there are funds,” says Shannon McGahn, senior vice president of government affairs at NAR. “We have been working with lawmakers to make both the application and forgiveness process easier, and we are helping our members through both with guides and instructional videos.”

Just last week, a new shorter EZ application loan forgiveness form was released by the Small Business Administration, and full forgiveness was granted to independent contractors and sole proprietors who meet certain guidelines.

NAR has also called on Congress to automatically forgive all loans under $150,000.

“Congress is expected to pass a new Coronavirus relief bill by the end of July. McGhan says. “Negotiations really heated up this week on what form it will take as the pandemic continues to evolve. Small business aid will be restructured and live on in some form, and NAR is working with Congress to make sure the self-employed and independent contractors are included,” she continues. “It’s critical the real estate industry stays strong and continues to lead our national recovery.”

To-date the PPP has paid out more than a half-trillion dollars to around five million businesses.

Check out this video explanation on how Paycheck Protection Program (PPP) recipients may be eligible for and apply for loan forgiveness if certain criteria are met. You’ll find easy to understand instructions for completing the PPP Loan Forgiveness Application Form 3508EZ with examples for self-employed borrowers.

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Best Practices for Real Estate Business Owners

Face coverings are required of employees, vendors, contractors, customers and visitors in the workplace, unless covered by a medical or other exemption. Businesses are encouraged to provide an accommodation for customers unable to wear a face covering safely. Implementing face covering requirements at your business If a customer or visitor is not wearing a face covering, businesses should take the following steps:

  • A business representative or employee should politely educate the customer or visitor about the public health requirement to wear a mask or face covering. Businesses may choose to keep a supply of disposable masks to offer customers who do not have one.
  • If the individual still declines to wear a mask or face covering, the business representative or employee should politely inquire as to whether the person has a medical condition or disability that prevents them from wearing a mask. Businesses CANNOT inquire about the details about a person’s specific medical condition or disability and CANNOT ask for proof or documentation.
  • For customers who are unable to wear a face covering, businesses are encouraged to offer some kind of accommodation for the customer such as curbside pickup, delivery or a scheduled appointment when physical distancing can be ensured.
  • If a customer or individual refuses to wear a face covering but does not have a medical condition or disability that prevents them from wearing a mask, they should be politely told that the business cannot serve them and that they need to leave the premises. Under no circumstances should the business representative attempt to physically block an individual from entering or physically remove them from the premises.
  • If the individual refuses to leave, the business representative should follow whatever procedures they normally follow if an individual refuses to leave the establishment when asked to do so (including contacting local law enforcement to indicate that the individual is trespassing).

Find the full Face Covering Requirements from the Governor’s Office here.

Find the revised Washington REALTORS® COVID-19 Real Estate FAQs here.

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