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Over 50 Western New York publishers, participants of the
HOME Publishers’ Voluntary Agreement, have made significant efforts over
the years to prevent discriminatory language in their advertisements. As
a result, the number of advertisements with discriminatory language seen
in Western New York been significantly reduced. But in recent years, HOME
has begun dealing with a newer method of advertising: electronic media.
Fair housing laws make it illegal for housing advertisers
to use language or images that convey a discriminatory message, whether
anyone intended to send that message or not. The standard by which an
advertisement is judged is whether its content would discourage an
“ordinary reader” who is a member of a protected class from inquiring
about that property.
Last year, several websites were brought to HOME’s
attention because the applications and leases they offered to the public
contained illegal statements or inquiries. H0ME took the initiative to
investigate these web sites and successfully entered into conciliation
agreements with several of these internet publications. They agreed to
educate their staff about fair housing laws and amend the forms in
question.
HOME also encountered internet services whose web sites
provided information to people seeking to share rooms in residential
properties. One such website contained an “optional” information page on
which the person seeking housing was asked to provide their age, gender,
race, religion, sexual orientation, disability and number of dependent
children and their ages. Six out of the sixteen questions on this
optional page had to be filled out in order to continue using the site to
look for housing.
HOME contended this information, though labeled “optional,”
would be supplied by the average person, especially after they found that
a person who leaves the spaces blank is redirected back to the page. HOME
felt that once this “optional” information was provided to a person
seeking a roommate, it could easily serve as a tool to discriminate, and
contacted the service provider.
The internet service disagreed with HOME’s stance and
refused to alter this section in their website. Further investigation
revealed numerous other housing search websites that contained either
illegal types of inquiries or illegal advertisements.
HOME then researched what action could be taken to prevent
this type of discriminatory advertising and contacted the National Fair
Housing Alliance (NFHA) in Washington, D.C. to notify them of the sites,
discuss HOME’s standing, and strategize about how to proceed if
conciliation failed.
NFHA responded by stating that because the web sites
originated outside of HOME’s normal jurisdiction, standing to initiate
legal action would be stronger for agencies located in areas nearer to
where the sites originated. To date, HOME has transferred cases to seven
fair housing agencies throughout the United States for further
investigation and possible action.
As the information world changes, HOME will
continue working to ensure fair and equal housing for all by making sure
that, no matter what the format, housing advertisements are not used to
discriminate. |
