Know Your Rights: What Is 'Illegal Steering' in Housing?
Has a prospective landlord said that you would probably be more comfortable in a particular building with others like you? Steering in housing is illegal!
Has a prospective landlord said that you would probably be more comfortable in a particular building with others like you? Steering in housing is illegal!
Has a Prospective Landlord Said That You Would Probably Be More Comfortable in a Particular Building?
In 1964, Congress passed the first piece of modern civil rights law with the Civil Rights Act of 1964. The act was designed to address and suppress racial discrimination against Americans of African descent. Four years later, shortly after Dr. Martin Luther King Jr.’s assassination, Congress passed the Fair Housing Act (FHA) as part of the Civil Rights Act of 1968.
Initially, the FHA prohibited discrimination based on race, color, national origin, and religion. In 1974 it was amended to include gender or sex, and in 1988 it was again amended to cover familial status and disability. Together, these are all known as protected classes under the federal law in all of New Hampshire from Nashua to Manchester, from Concord to Rochester.
Although we have made significant progress in the last 50 years, unfortunately, housing discrimination still happens. Steering is a subtle form of housing discrimination that is illegal, common, and often difficult to spot.
What Is Illegal Steering in Housing?
Unfortunately, steering is more common than you would think, even though it is a form of housing discrimination that is illegal under the Fair Housing Act. Illegal steering is subtle and can be more difficult to spot than other forms of housing discrimination, such as when a landlord explicitly refuses to rent a property to someone because of the person’s assistance animal.
The general idea behind steering is that while the landlord might claim to be willing to rent to anyone, they guide tenants toward a certain apartment, building, or neighborhood based on their race, religion, or another factor protected under the FHA. This could result in the renter being forced to pay more in rent if, for example, they are only shown more expensive units. Or it could extend the time spent searching for a new home if renters don’t see every available unit in a particular building.
Although it is against the law, steering is not nearly as obvious as other forms of housing discrimination. In fact, most people don’t even realize when it is happening to them.
What Illegal Steering Can Look Like
Here are a few examples of how steering can look in real life.
“The balconies on the upper-level units really aren’t safe for young kids, but I have a nice first-floor apartment you could look at.”
“I think your mom would probably be more comfortable in an area where more people speak Spanish. I can recommend some other apartment buildings that would be a great fit.”
“If I were a single woman, I’d honestly want to rent in a safer area than this one.”
If a landlord implies or tries to imply that you wouldn’t feel comfortable or fit in with other tenants at a particular property, they’re likely practicing illegal steering. Even if the landlord is acting in what they believe is your best interest, you are still experiencing steering, and that’s illegal.
Landlords who say they will rent to anyone but try to assign you to a particular floor, section of a building, or specific building based on a characteristic protected under the FHA, are illegally steering. Landlords or leasing agents can and should show applicants a map of the community or building and let the potential renters decide which available unit they want to rent.
What Steering Is Not
The best way to avoid steering or giving the impression of steering is to offer equal professional service to everyone. The landlord or rental agent should present you with all of your options along with objective information that can help you make an informed decision.
You are allowed to have preferences. As long as the agent presents you with all of your options within your specific home criteria and allows you to steer the decision about which neighborhood or apartment is best for you, you are receiving professional service. If you want to rent in a certain school district or near a certain place of worship, it is not steering as long as you are the one driving those decisions.
What to Do If You Think You May Be a Victim of Illegal Steering
If you think that you may be a victim of steering, there are some steps you should take. You should document everything you experience with the landlord or rental agent, including how many properties you’ve seen, any advice they gave you about the neighborhoods, and conversations you had. You should also keep documentation like applications you filled out, email or text communications, and any advertisements you viewed for the property.
In New Hampshire, it’s illegal to discriminate in housing based on someone’s race, color, national origin, religion, sex, disability, familial status, age, marital status, sexual orientation, or gender identity. Steering is illegal under the Fair Housing Act. If you believe you have been a victim of illegal steering, call us. NHLA’s Fair Housing Project is here to help!