Testing for Housing Discrimination in the United States

Abstract

Testing is necessary to ensure the effective enforcement of the anti-discrimination laws. Discrimination in housing is rarely overt. Testing is often the only means available to show that a housing provider was motivated by discrimination. Testing can rebut claims that the housing was unavailable and can show that similarly situated applicants were treated differently or given false information because of their protected status. Testers who are treated differently suffer damage, and they should be awarded damages similar to those awarded bona fide complainants.