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Warning on Fair Housing Testers

It has come to our attention that government fair-housing agencies and private organizations may be acting as “testers” to identify discriminatory acts in rental housing.  They are using “testers” to pose as prospective tenants.  Those “testers” respond to advertisements for rental property.  They may ask questions to “test” real estate agent’s knowledge of discriminatory acts.  Those questions could arise out of family issues (i.e. whether a property is appropriate for children), whether service dogs or other such animals are acceptable or whether landlords will make reasonable accommodations for persons with disabilities.  We have had a number of complaints filed against our clients, which we suspect arise out of these “testers.”  Agents are cautioned to ensure that they are careful when responding to inquiries from prospective tenants relating to these issues.

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