In 39 states, fair housing testers use a recording device to accurately capture the conversation with a housing provider which can later be used as evidence if the provider violates civil rights law. In Maryland, testers cannot record conversations in the same way.
Restricting this ability to effectively test and capture evidence of discrimination weakens enforcement of fair housing in our state. Other states are using recording to enforce the law. In New York, fair housing organizations and New York City won a $2.2 million settlement for source of income discrimination. New Jersey won a $40,000 settlement for source of income discrimination. Virginia also won a recent settlement for source of income discrimination. Maryland, despite finding cases of source of income housing discrimination, has not been able to reach a settlement because we can’t record in the same way that provides strong enough proof to lead to a settlement.
In the current Annapolis Session, SB107 allows qualified fair housing organizations to use recording devices for testing purposes. There are several benefits to this, including:
(1) Strengthening Fair Housing Enforcement & Justice. The ability to document test experiences through audio recordings provides incontrovertible evidence of illegal housing discrimination
(2) Protecting Testers and Housing Providers. Having an exact account of a conversation protects testers from any credibility or bias as well as protects housing providers from false allegations, misunderstandings, or faulty memories of testers.
(3) Resulting in More Efficient Allocation of Resources. Saves fair housing organizations money because they can reduce the number of testers, saving using city, county, state, and using federal funds more efficiently and effectively. The use of recorders also allows organizations to maintain the highest investigative standards.
Urge your senator on the Judicial Proceedings Committee to vote YES on SB107.
