Q: A prospect tells a leasing agent that he’s a devout Christian and wants to be shown only apartments where the neighboring occupants are also Christian. No Jews. No Muslims. Just Christians like me, he demands. What should the leasing agent do?  

1. Agree to his demands because it’s not steering when the prospect is the one who discriminates.
2. Refer him to neighboring apartment buildings where he’d be comfortable because they have a large number of Christian residents.  
3. Tell him that the property is an equal housing opportunity provider and offer to show him apartments based purely on availability.

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Answer: c

This scenario focuses on one of the toughest challenges leasing agents face, namely, how to remain compliant with fair housing laws when a prospect wants to do something discriminatory or asks a discriminatory question, like about the racial or ethnic make-up of other residents in the building. Ensure leasing agents are prepared for and know what to do if they find themselves in these situations. Specifically, they need to understand that they can’t give in to discriminatory demands or answer discriminatory questions. The best practice is to politely decline and tell the prospect of your property’s commitment to fair housing. So, c is the right answer.  

Wrong answers explained: 

a. The reason a. is wrong is because it doesn’t matter who initiates an action that constitutes steering. Once the leasing agent partakes in the action, she and, by extension the landlord or manager she represents, incurs potential liability as a participant in the behavior. The same principles apply when a leasing agent answers discriminatory questions.

b. Directing a prospect to a particular property on the basis of religion or any other protected characteristic is also a form of steering. The leasing agent is still perpetuating discrimination and segregation even if it was the prospect who initiated the behavior.  

For more guidance on this topic, see our December lesson, “How to Avoid Illegal Steering,” available to premium subscribers here.