What would you do if a seller or landlord client said this to you? “I didn’t like the looks of those buyers.” “What kind of last name is that?” “They don’t belong in this neighborhood.” “What would the neighbors think if they moved in?” “I won’t rent (or sell) to [member of a protected class, including race, color, Section 8, familial status.]
Rhode Island law prohibits housing discrimination based on race, color, national origin, familial status, sexual orientation, source of income, and more, yet discrimination still happens. Here are some helpful steps to take:
- Write down everything that you can remember about the incident, including the date, time of day, location, description, quotes, etc.
- Audio or video record the conversation. Rhode Island is a one-party state that allows a participant in a conversation to record it without the other’s permission.
- Save emails, texts, phone records, and documents.
- Tell your broker right away. Your broker may wish to contact the client directly.
- Level with the cooperating broker, buyer, or tenant. Don’t cover up for your client or give a vague explanation. When a client engages in illegal activity, the rule of confidentiality no longer applies.
- Drop the client. If you continue to work with your client after your client has made it clear that he or she plans to discriminate, you and your principal broker or manager can be held liable. Penalties can range in the tens of thousands of dollars, plus you can be required to pay the other side’s attorney’s fees. You also risk your reputation since the target of discrimination can easily post your names on social media.
- Contact the Rhode Island Commission for Human Rights for more guidance or cooperate if a buyer, tenant or cooperating broker files a complaint. How To File A Charge-Rhode Island -Rhode Island Commission for Human Rights.
- Test your own bias by completing the NAR fair housing simulation program. Fairhaven: A Fair Housing Simulation (nar.realtor)
For more information, please contact the RIAR Legal Department at 401-432-6945.