Press Release from: IOWA CIVIL RIGHTS COMMISSION
IMMEDIATE RELEASE: 3-14-95
Contact Person: Don Grove, Executive Director, 515-281-8084

Iowa Civil Rights Commission Conducts Housing Tests in Grinnell

On March 1 and 3, 1995 the Iowa Civil Rights Commission (Commission) conducted 11 housing tests in the City of Grinnell, Iowa. Four tests showed possible violations of state and federal antidiscrimination laws.

One site tested showed possible discrimination because of family status. In this case the realtor told the tester that the stairway to the second floor apartment was not really great for children. The information was volunteered by the realtor after the realtor learned that the tenant had children. The tester had not inquired about the stairs although she knew the apartment was on the second floor. This comment by the realtor could be interpreted as an attempt to steer the family away from this particular rental property. It is up to the prospective tenant to decide if a rental property is suitable for them, not the landlord or realtor.

The three other possible violations dealt with the manner in which security deposits were figured. During these tests it was discovered that a number of landlords in Grinnell base the security deposit on the number of people in the rental unit. This can discriminate against families with children. Determining security deposits in this manner can create a financial burden which is greater for families with children.

The Department of Housing and Urban Development has interpreted the Federal Fair Housing Act as precluding different security deposit requirements for persons with handicaps and families with children. The department has rejected the argument of owners and managers of rental property that disabled individuals and small children would cause more damage to the units than other tenants, justifying the need for an additional security deposit.

The U.S. Department of justice has stated that basing the security deposit on the number of persons in a rental unit may be permissible in some situations, such as when the occupants are a group of college students. In this situation it may be acceptable to charge a deposit of $150 or $200 per person. But it would be harder to justify a deposit of $150 or more per person when the tenant is a family with two children. When the tenant is a family a fixed deposit would be more appropriate since the practice of basing security deposits on the number of people in a rental unit adversely affects families with children.

The Commission tested owners and managers of available properties to see how applicants for rental units are treated. Testing is the "checking" of persons or organizations covered by the "Iowa Civil Rights Act," Iowa's anti-discrimination law, to see if they are acting in accordance with the law.

The Commission found property to test advertised in the local newspaper, yellow pages, Realtor offices, and community bulletin boards.

In these tests the Commission evaluated whether race, presence of children and disability affected the availability of units, caused different treatment of applicants, or was the reason some applicants were discouraged from applying.

The purpose of testing is to learn where discrimination occurs, to educate providers of housing, and to encourage voluntary compliance with laws. Commission initiated complaints may be filed when warranted.

Fair Housing laws provide that all people should have equal opportunity to be considered for housing and housing services. The "Iowa Civil Rights Act of 1965" is enforced by the Iowa Civil Rights Commission. The Federal Fair Housing Law is enforced by the United States Department of Housing and Urban Development.

Federal and State courts have consistently upheld testing as a viable tool in the fight to end unlawful discrimination. The court in Richardson v. Howard, 712 F.2nd 319 (7th Cir.1983), stated that evidence provided by testers is valuable in cases where discrimination is occurring, but it also serves to clear landlords of false claims of discrimination.

Testers are carefully trained and paired to be similarly situated. All persons tested are notified by phone following the test program and offered free Fair Housing educational materials which anyone can obtain by leaving their name and address at 515-242-6093.

The Commission's current testing program is funded by a Fair Housing Initiatives Program grant awarded by the United States Department of Housing and Urban Development.