Laws prohibit racial and other discrimination in housing. Yet housing experts and civil rights attorneys say bias remains persistently challenging to prove, let alone eliminate. Here’s how to recognize housing discrimination, the laws that are meant to protect you from it, and how to fight it.
The Fair Housing Act protects people from discrimination when they are renting or buying a home, getting a mortgage, seeking housing assistance, or engaging in other housing-related activities. Additionla protections apply to federally-assisted housing.
The Fair Housing Act prohibits discrimination in housing because of:
An appraisal is a critical element of homebuying and lending processes as it establishes the value of the property as the collateral for a home loan. The difference between a property’s value and the homeowner’s loan amount generally represents the homeowner’s home equity. One of the core benefits of homeownership is that a homeowner can build wealth by leveraging and growing that home equity. Greater home equity makes it less likely that homeowners will fail to repay a mortgage if they experience financial hardship. Therefore, property valuation has essential input to the risk evaluations that surround the lending process. Pave action plan
On February 14, 2022, DOJ filed a statement of interest to make clear that the Fair Housing Act prohibits discrimination in home appraisals. The statement relates to a motion to dismiss filed in Austin, et al. v. Miller, et al. (N.D. Cal.), a private lawsuit alleging that the defendants violated the Fair Housing Act by discriminating on the basis of race in a home appraisal. After the defendants’ appraisal, the plaintiffs — a Black couple — erased all evidence of race from their home and had a white friend pose as the homeowner for a second appraisal, which set the home’s value at nearly $500,000 more. The statement of interest explains that appraisers may be liable under the Fair Housing Act, highlights the United States’ commitment to combat appraisal discrimination, provides an overview of the Fair Housing Act’s broad purpose and remedial intent, and addresses the pleading standard for Fair Housing Act claims.
A reconsideration of value (ROV) may be requested by consumers to reassess the analysis and conclusions of their initial appraisal when provided with additional information that may affect the value conclusion. Consumers can provide information to a lender during an ROV request that includes additional comparable property information and additional information pertaining to characteristics of the subject property, such as square footage. An ROV offers consumers who suspect that their appraisal may have been influenced by racial or ethnic bias an avenue by which they might be able to request a different valuation that results in a better outcome.
At Urban Coalition of Appraisal Professionals, we keep a close eye on the latest trends and developments in the urban real estate market, ensuring that our training programs are always up-to-date and relevant.
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