[CIVIL. REG.,071096,0800]

Housing Tests

(Iowa Civil Rights Commission; 07/10/96; 0800)


IOWA CIVIL RIGHTS COMMISSION CONDUCTS HOUSING TESTS IN NEWTON

In March 1996, the Iowa Civil Rights Commission (ICRC) conducted 23 housing tests in Newton, Iowa and found 4 possible violations of federal and State anti-discrimination laws.

In a test to determine whether the tester-applicants would be treated differently because of race, the property manager told the African American tester that there would be a $50 carpet cleaning fee taken out of the deposit. The manager did not mention the carpet cleaning fee to the white tester. The manager also offered an application to the white tester but not to the African American tester.

In another "race" test, the property owner told the African American tester about charges for late rent and returned checks, but did not mention those charges to the white tester.

Under the "Iowa Civil Rights Act," a landlord cannot refuse to rent to persons because of race, sex, national origin, disability, religion, or familial status (the presence of persons under age 18 in the household). Also under the Act, landlords cannot discourage persons from making application or treat persons differently in the terms and conditions of rental because of one of those "protected" personal characteristics.

In a test to determine whether families with children would be denied or discouraged from making application, the property manager, after learning that the tester had a seven year old son, told the tester, "It's not too good of a place for children. There's no place for them to play." Later in the test, the manager added, "Well, I just don't see how we can do it. It's all senior citizens, it's, most everybody is social security age and above. Older folks." The manager later told another tester who did not have children, "We got, oh, I don't know, most people are retirement age or past, but we don't have any restrictions on that. I got one or two young fellows here."

In a test to determine whether persons with disabilities would be denied or discouraged from making application, the tester asked the property manager if she could install grab bars, at her expense, in the bathroom to accommodate her husband's disability. The manager said that she didn't know and would have to check with the owners in Des Moines.

Fair housing laws require landlords to allow persons with disabilities to make reasonable modifications of existing premises if necessary to occupy and enjoy full use of the premises. The modifications are to be done at the tenant's expense. A landlord may oversee the modifications and, where reasonable to do so, condition permission for modification on the tenant's agreement to restore the premises to the condition that existed before the modification, reasonable wear and tear excepted. Owners are responsible to educate their employees and agents regarding fair housing laws.

Under the latest testing program funded by the U. S. Department of Housing and Urban Development (HUD), the ICRC tested landlords and realtors in 51 Iowa communities to determine the nature and extent of housing discrimination in Iowa.

During the period, February 15, 1995 through April 30, 1996, the ICRC conducted 909 tests, found 136 possible violations of fair housing laws, and filed 41 commissioner complaints.

The ICRC's purpose in testing is to educate and reform. Everyone tested is contacted and informed about the test and the test results. Persons who pass the tests are thanked for following the law and persons who do not pass are either counseled regarding the law or served with a complaint, depending on the seriousness of the violation.

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 or 1-800-457-4416 ext. 1-8354.