Fair housing issues can seem enormous and miniscule at the same time. What difference can one agent or broker make against systemic, nationwide problems like racial inequality and the wealth and homeownership gaps? Actually, a big difference. You can help improve fair housing in your business and community.

If you only think of fair housing in terms of avoiding overt, in-your-face discrimination, you will miss the wide variety of violations that could happen in any real estate transaction. Fair housing complaints can spring from actions as small as adding a non-inclusive sentence in a listing description or answering a client’s question with an opinion instead of a fact.

Fair housing is everyone’s responsibility. Those who say fair housing isn’t a concern because I don’t discriminate are not helping, says Laurie Benner, associate vice president of programs at the National Fair Housing Alliance. “Just because you don’t see or experience a problem doesn’t mean that it doesn’t exist. It’s that type of apathy that is almost as dangerous as the bad behavior itself. By denying it, you’re contributing to the problem,” she says.

Here are things you can do right now to support fair housing in your brokerage, community, and the state of Texas.

Get Educated

“First off, I think REALTORS® should make a commitment to educating themselves, not only on fair housing laws and best practices, but related topics such as diversity and inclusion, racial disparities, and barriers to housing opportunity. It’s hard to have a depth of understanding without a holistic knowledge of the history of fair housing and how the past is still impacting people today.”

Trainings include:

• NAR provides the online simulation Fairhaven and online workshop Bias Override: Overcoming Barriers to Fair Housing.
• Learn about upcoming sessions of What’s Fair in Fair Housing and Texas Affordable Housing Specialist: FHA Lending and Fair Housing at texasrealestate.com/findacourse.
• Texas Department of Housing and Community Affairs trainings can be found at tdhca.state.tx.us/fair-housing/index.htm.

Build Fair Housing into Your Everyday Business

Benner recommends that agents, in cooperation with their brokers, develop a plan and use it consistently. “You can even use a checklist if it helps. Make sure to apply policies to absolutely everyone across the board evenly. For example, if you are in the habit of asking for a loan preapproval letter from buyers, ask every single client for it,” Benner says.

You can also put fair housing information in buyers’ presentations and sellers’ packets, so your clients know what the responsibilities and obligations are.

Use Inclusive Language

How you treat clients is at the heart of fair housing. Knowing what you can and can’t say is essential. Here are a few things to keep in mind:

• DON’T ask questions that could categorize buyers. Though you generally may ask about lifestyle interests and priorities, you are not allowed to ask questions that attach a buyer to a protected class, Benner advises.
• DO direct clients to unbiased sources of information when answering questions.
• DON’T give your opinion, especially when it comes to school or crime information. “Opinions are not facts,” Benner says. An opinion could be construed as influencing clients’ housing choice based on demographics.
• DO offer listing options from the entire local area unless specifically told by clients to focus on a particular neighborhood.
• DON’T make assumptions about where someone will or will not be comfortable living.
• DO be honest about what you can say. Feel free to tell clients that you are prohibited from answering questions with opinions or offering subjective information, Benner says.

Review Your Marketing Materials

Some of the most common fair housing violations can be found in advertising or MLS listings, Benner says. Including language about families runs the risk of indicating preference, limitation, or discrimination.

Check your marketing photographs and artwork, she adds. Make sure your advertisements include a diverse group of people; your materials shouldn’t feature the same group or groups of people.

Work with Public and Private Fair Housing Groups

You can link up with local, state, and national organizations working on fair housing in your area.

Benner recommends joining local chapters of multicultural real estate associations. These organizations welcome all real estate professionals from all backgrounds.

Examples include:

• National Association of Hispanic Real Estate Professionals (NAHREP)
• National Association of Real Estate Brokers (NAREB)
• Asian Real Estate Association of America (AREAA)
• LGBTQ+ Real Estate Alliance.

Talk about opportunities to participate with local nonprofit fair housing centers or related state government agencies.

You can find groups online, such as the Facebook groups Deliberately Fair Housing and Real Talk – Race and Real Estate, where real estate professionals and fair housing advocates share information, Benner says.

Seek Official Data and Unofficial Discussions

To get an official look at the state of fair housing in your area, you can review fair housing complaints through the U.S. Department of Housing and Urban Development as well as local fair housing centers, Benner says. These groups have complaint data broken down by the protected classes. Look for official reports, annual reports, and lawsuit case studies on websites related to fair housing.

For an unofficial view, talk with fellow agents and brokers in your community. What are they seeing and hearing on the job? Conversations can point to trends or percolating issues that have the potential to become problematic later, Benner says.

Hold Everyone Accountable

Don’t be afraid to speak up when you see evidence of fair housing violations even if the people involved are your coworkers.

“Hold your peers accountable even if it’s messy,” Benner says. “REALTORS® should be aware that there will be more real estate testing and related enforcement actions to come in the future. What happened in the Newsday investigation is almost certain to happen again. Agents should at a minimum be protective of their ability to earn a living.”

All REALTORS® pledge to uphold the NAR Code of Ethics and not make discrimination a part of their business, employment practices, and conduct.

“REALTORS®, therefore, are zealous to maintain and improve the standards of their calling and share with their fellow REALTORS® a common responsibility for its integrity and honor,” the Code says.

If you aren’t already doing that, the best time to start is right now.