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ARTICLE · 26 MARCH 2014

What Is "Steering" And, More Importantly, How To Avoid It

Fox Rothschild LLP
Fox Rothschild LLP
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Under the federal Fair Housing Act (as well as state, city, and county codes) it is against the law to discourage any person from viewing and/or renting a unit because that person belongs to a protected class or to assign any person to a particular section of an apartment community or to a specific floor in a building because of his/her status as a member of a protected class.

United StatesReal Estate and Construction

Under the federal Fair Housing Act (as well as state, city, and county codes) it is against the law to discourage any person from viewing and/or renting a unit because that person belongs to a protected class or to assign any person to a particular section of an apartment community or to a specific floor in a building because of his/her status as a member of a protected class. This type of conduct are examples of what is known in the fair housing arena as "steering."

Even something which may have been said in an effort to be helpful and which could be perceived as benign – such as suggesting that a families with children live on one side of a complex because of potential noise or suggesting that an applicant might not want to live on a certain floor in an apartment building – can (and may well) be taken as unlawful steering.  I can all but guarantee that a fair housing tester will conclude you are steering if leasing office staff make any comments which could be

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