Monday, March 28, 2011

To Fight Discrimination, a Long List of No-Nos - NYTimes.com

To Fight Discrimination, a Long List of No-Nos
By CHRISTINE HAUGHNEY

It shouldn’t take a lawyer to know that it is illegal to use phrases like “no Chicanos,” “no blacks” or “not for handicapped” in a real estate listing.

But at some real estate firms, brokers are also forewarned not to include in listings, or even mention in conversation, phrases that even the most prejudiced New York landlords would be hard pressed to think up, like “no Appalachians” or “no Hungarians.” They also are cautioned to never, under any circumstances, call a home a “fisherman’s retreat.”

All these phrases appear on “fair housing lists,” informal collections of perilous words and phrases that grew out of the 1968 federal Fair Housing Act, which prohibited discrimination against buyers and renters based on race and religion, and a 1988 amendment, which added families with children and people with disabilities. At one point, some brokerages and newspaper classified-advertising departments had become so cautious that the Department of Housing and Urban Development issued a clarification memo in 1995 that said phrases like “master bedroom,” “mother-in-law suite” or “bachelor apartment” were acceptable.

Still, there are also state and city fair housing laws to account for, which is why David Schlamm, president of City Connections, includes “bachelor pad” in his brokerage’s list: with its suggestion of masculinity, it could violate the city’s law prohibiting housing discrimination based on gender, he said.

“It’s the same idea as ‘perfect for shares or families,’ ” he said, adding that the phrase had been flagged as discriminatory.

Mr. Schlamm couldn’t explain apparent inconsistencies in his own extensive list, which covers 203 terms and categorizes them as “acceptable,” “caution” and “not acceptable.” “No Appalachian” is banned, but it advises brokers only to be cautious with words prohibiting gays and lesbians.

There is no official, HUD-approved roster of good and bad words. But most brokerages and newspapers, including The New York Times, keep some kind of list, often a version that has been distributed for more than 15 years by the Oregon Newspaper Association, hence the occasional head-scratcher that would not seem to apply to 21st-century New York City.

To Fight Discrimination, a Long List of No-Nos - NYTimes.com.

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