[CIVIL. REG.,032296,0800]

Housing Tests

(Iowa Civil Rights Commission; 03/22/96; 0800)


IOWA CIVIL RIGHTS COMMISSION CONDUCTS HOUSING TESTS IN OSKALOOSA

In January and February 1996, the Iowa Civil Rights Commission (ICRC) conducted 33 housing tests in Oskaloosa, Iowa and found 3 possible violations of State and federal anti-discrimination laws.

In a test to determine whether tester-applicants would be treated differently because of race, the property manager told the white tester about a second available unit but did not tell the African American tester.

In another race test, the landlord told the African American tester that the apartment was no longer available because it needed a lot of work. She also told the African American tester that if the apartment were available the rent would be $325 per month. The landlord later told the white tester that the apartment was available and that the monthly rent was $240.

In a test to determine whether a family with children would be treated differently because of familial status (the presence of persons under age 18 in the household), the landlord discouraged the tester from even making application, saying that the available units were upstairs apartments and not really suitable for small children.

State and federal fair housing laws prohibit landlords from discouraging families with children from considering their property. Landlords must allow prospective tenants to decide whether the property is suitable.

Landlords may, however, set reasonable maximum occupancy limits on the number of people who may reside in each unit. To determine what is reasonable, landlords should first consult their local housing code. If their community has no code governing occupancy limits, landlords should then look to the U. S. Department of Housing and Urban Development (HUD) for guidance. Currently, according to HUD, an occupancy policy of two persons in an averaged-sized bedroom or sleeping room, as a general rule, is reasonable.

Under the current testing program funded by the U. S. Department of Housing and Urban Development, the ICRC has tested landlords and realtors in thirty-seven Iowa communities and found 118 possible violations out of 691 tests.

The ICRC has recently published a new, 16-page Fair Housing Guide which is free upon request. For a copy, contact the ICRC's public education officer, Carol Leach, at 515-281-8354.