Deep Dive: Fair Housing in Real Estate

Explore this curated selection of expert-approved resources to deepen your insights and elevate your real estate business.

By Empire Learning 6 min read
Deep Dive: Fair Housing in Real Estate

All agents have to complete real estate continuing education, but the best don't stop there. Our industry is ever-changing, and the most successful agents are the ones who never stop learning.

That’s why we’ve put together this collection of deep-dive resources just for you. These resources go beyond what's covered in our Fair Housing CE course, giving you deeper insights, fresh perspectives, and actionable strategies to apply in your day-to-day business. So dive into these expert-approved reads and keep pushing your business forward.


1️⃣ NAR’s Apology for Past Discrimination (NAR)

Did you know REALTORS® once openly supported discriminatory practices? This eye-opening NAR article discusses how the National Association of REALTORS® publicly apologized for its past role in housing discrimination and outlines the bold steps the organization is taking to promote fairness today. It’s a candid look at industry history and a rallying cry for agents to lead the charge in healing “racially divided communities.”

An Apology From the National Association of REALTORS®
For the first time, NAR offers a full-on apology for racist practices of the past and vows to keep working to correct lasting inequities in housing.

2️⃣ HUD Expands Fair Housing to LGBTQ+ (NPR News)

The federal government now treats anti-LGBTQ+ bias as sex discrimination. This NPR piece breaks down HUD’s 2021 decision to enforce the Fair Housing Act for sexual orientation and gender identity following a landmark Supreme Court case. It highlights real stories (like a transgender woman repeatedly denied housing) and explains what this shift means.

A must-read to understand how the rules have changed—and to ensure you’re protecting everyone’s rights.

Link to article


3️⃣ LGBTQ+ Homeownership Challenges & Solutions

Even with new protections, LGBTQ+ buyers and owners face unique hurdles. This insightful blog post (from a Fair Housing advocacy group) dives into why LGBTQ+ homeownership rates lag and the subtle forms of bias still at play (like “gayborhood” steering or unequal service).

It offers fresh data, historical context, and best-practice tips for fostering inclusive, equitable service. Reading this will inspire you with ways to be an ally and expand your client base.

Despite Progress, LGBTQ+ Homeowners Still Face Challenges - Fair Housing Center for Rights and Research
In honor of both LGBTQ+ Pride Month and National Homeownership Month, we are taking a deeper dive into the experiences of LGBTQ+ homeowners.

4️⃣ How to Avoid Fair Housing Pitfalls in Ads

Are your listings and ads unintentionally turning away prospects? In this quick-read article, NAR’s staff attorneys share simple advertising do’s and don’ts to keep you on the right side of fair housing law.

Learn why phrases like “perfect for families” or “ideal for singles” can be problematic, and get tips on focusing on the property instead of the people. This is practical advice you can use in your next listing description to attract buyers.

Avoid Fair Housing Violations in Advertising
Real estate pros are legally obligated to uphold fair housing laws, and the language you use in your advertising needs to be vetted carefully.

5️⃣ Undercover Investigation Exposes Bias

Imagine finding out you treated clients differently and it’s all on tape! This article summarizes Newsday’s explosive “Long Island Divided” investigation, where testers uncovered widespread steering by real estate agents.

It reveals how paired testers (one White, one minority) got drastically different service and how subtle bias went unnoticed until exposed. The piece also highlights how NAR responded with new training (the ACT plan). It’s a gripping case study that reads like a detective story – and a lesson in what not to do.

Wisconsin Real Estate Magazine: Long Island Steering Investigation
A three-year investigation by Long Island-based newspaper Newsday uncovered multiple instances of discriminatory practices by 93 real estate agents in the area. The investigation revealed many agents engaging in the practice of racial steering when showing properties and neighborhoods to potential buyers. Learn more about this investigation and how you can follow fair housing laws.

6️⃣ Hidden Bias in Mortgage Algorithms

Think high-tech algorithms are impartial? Think again. This investigative report uncovers how automated loan approval systems often deny qualified buyers of color at higher rates than white applicants with similar finances.

Through a real-life story of a Black couple’s mysteriously derailed home purchase and a deep data dive, it reveals modern-day redlining by algorithm. It’s a fresh, eye-opening perspective on lending practices that will make you more savvy when advising clients on financing.

The Secret Bias Hidden in Mortgage-Approval Algorithms – The Markup
Even accounting for factors lenders said would explain disparities, people of color are denied mortgages at significantly higher rates than White people

7️⃣ Major Redlining Case Settlement

Learn from others’ mistakes: This news article details how a mortgage company owned by Warren Buffett’s Berkshire Hathaway was caught “redlining” – excluding minority neighborhoods – and hit with a $20+ million settlement. It reads like a cautionary tale, describing the evidence (nearly all offices in white areas, racist emails uncovered) and the consequences.

It’s a high-profile example of fair lending laws in action, reinforcing why inclusive lending and outreach aren’t just ethical – they’re legally essential.

Buffett-owned lender discriminated against Black homebuyers, DoJ finds
Trident Mortgage Company, owned by Berkshire Hathaway, agrees to second-largest settlement over ‘redlining’

8️⃣ ADA Guide for Agents

Is your real estate business accessible to all? This comprehensive NAR resource demystifies the Americans with Disabilities Act as it relates to real estate. From making sure your office (and website) accommodates people with disabilities to understanding which properties must meet ADA standards, it’s a great primer.

In a friendly way, it outlines what counts as a disability, where the ADA versus Fair Housing Act applies, and offers tools like an ADA compliance kit. It will help you welcome more clients and avoid costly oversights.

Americans With Disabilities Act (ADA)
The Americans With Disabilities Act (ADA) makes it unlawful to discriminate against people with disabilities. Title I of the law affects real estate offices and Association offices if they have the threshold number of employees. Title III affects Association offices, real estate offices, and commercial facilities.

9️⃣ Rethinking Criminal Background Checks in Housing

Can a blanket “no felons” policy land you in fair housing hot water? According to HUD, yes. This educational toolkit explains HUD’s guidance on using criminal records in tenant screening. It breaks down why automatic exclusions can have a disparate impact (due to racial disparities in the justice system) and lists best practices: for example, no more blanket bans or inconsistent checks.

By reading this, property managers and rental agents can learn how to craft fair, case-by-case screening policies that protect safety without discriminating, keeping you on the right side of the law.

Link to PDF


🔟 New Guidelines on Assistance Animals

Service dogs, emotional support animals… what’s allowed in housing? HUD’s latest guidance (2020) on assistance animals is distilled in this NAR article. It clarifies the differences between ADA service animals and Fair Housing “emotional support” animals and what documentation landlords can ask for. If you manage rentals or work with landlords, this update is gold: you’ll learn how to handle accommodation requests properly – from a tenant who needs an ESA cat to the paperwork involved – ensuring you don’t inadvertently deny someone’s rights.

HUD’s New Guidance on Assistance Animals
Latest update focuses on “Reasonable Accommodation” distinction in Fair Housing Act.