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Government. 
Discrimination Against Persons with Disabilities: Testing Guidance for Practitioners 

TABLE OF CONTENTS

1. BACKGROUND AND INTRODUCTION.................................................................1

1.1 Disability Discrimination Study Overview.......................................................1

1.2 Purpose and Organization of the Report........................................................3

2. LEGAL OVERVIEW................................................................................................5

2.1 Statutory Definitions of Disability....................................................................5

2.2 Illegal Conduct Toward People with Disabilities.............................................6

2.3 Direct Evidence of Discrimination ..................................................................7

2.4 Unequal Treatment ........................................................................................8

2.5 Reasonable Modification................................................................................9

2.6 Reasonable Accommodation .......................................................................10

3. BASIC TESTING PROCEDURES FOR DISABILITY DISCRIMINATION............13

3.1 Preparing to Test..........................................................................................14

3.2 Conducting the Test.....................................................................................16

3.3 Following the Test........................................................................................18

3.4 Persons with Disabilities as Testers.............................................................19

4. DESIGNING AND CONDUCTING TESTS OF DISABILITY DISCRIMINATION..23

4.1 Designing Tests to Detect Discrimination Based on Different Types of 

Disabilities....................................................................................................23

4.2 Selecting Test Sites .....................................................................................27

4.3 Testing for Different Types of Discrimination ...............................................31

5. TEST ANALYSIS AND USE.................................................................................39

5.1 Structuring Tests for Enforcement and Audits .............................................39

5.2 Documentation of Tests ...............................................................................41

5.3 Test Analysis................................................................................................41

5.4 Post -Test Investigations and Enforcement .................................................46
Discrimination Against Persons with Disabilities: Testing Guidance for Practitioners 

ANNEXES: 

ANNEX A: DDS Expert Panel 

ANNEX B: Exploratory Phase Scenarios and Test Instructions 

ANNEX C: Pilot Phase Scenarios and Test Instructions 

ANNEX D: Test Report Forms (Pilot Phases 1 and 2) 

ANNEX E: Site Visitability Checklist 

ANNEX F: List of HUD HUB Offices 

ANNEX G: List of State and Local FHAP Agencies 

ANNEX H: Fair Housing Testing Resources for Enforcement 
Discrimination Against Persons with Disabilities: Testing Guidance for Practitioners 

1. BACKGROUND AND INTRODUCTION 

Housing discrimination against persons with disabilities has become an increasingly 

important issue in fair housing enforcement. Since 1988, when disability was added to the Fair 

Housing Act as an illegal basis for housing discrimination, the percentage of complaints filed 

with the United States Department of Housing and Urban Development (HUD) alleging disability 

discrimination has steadily risen.1

 Since 1993, complaints alleging disability discrimination have 

been the most or second most common type of fair housing complaint received by HUD. 

Although the percentage of fair housing complaints based on disability is increasing, only 

slightly more than half of Americans know that it is illegal for landlords to refuse to make 

reasonable accommodation for persons with disabilities or to permit reasonable modification to 

a housing unit.2

 A number of fair housing and disability rights organizations have addressed 

disability discrimination by conducting investigations, filing complaints, and testing for violations 

of the Fair Housing Act’s design and construction requirements on behalf of persons with 

disabilities. However, few organizations have conducted significant numbers of tests for other 

types of housing discrimination based on disability, and even fewer have used persons with 

disabilities as testers. 

1.1 Disability Discrimination Study Overview 

The U.S. Department of Housing and Urban Development (HUD) contracted with the 

Urban Institute (UI) to advance the state-of-the-art in testing to measure discrimination against 

persons with disabilities for both research and enforcement purposes. Because the population 

of persons with disabilities is diverse, and the challenges for effectively measuring 

discrimination significant, this project was conducted in two phases. The first, “exploratory” 

phase, was conducted during the spring and summer of 2003 in two metropolitan areas: 

Chicago, Illinois and Albuquerque, New Mexico. For this phase, the Urban Institute developed 

and implemented a wide variety of testing approaches, targeted to different groups of persons 

with disabilities and different forms of housing market discrimination.3

 The size of the 

exploratory phase did not produce statistically representative measures of discrimination for any 

group, but did yield important lessons about how conventional testing methods can be adapted 

to effectively capture the kinds of discrimination that persons with disabilities experience when 

they search for rental housing. 

1

 M. Schill, The Fair Housing Amendments Act of 1988: the First Fifteen Years, Presentation at the Fair 

Housing Policy and Research Forum, Washington, D.C, March 2004. 

2

 M. Abravanel and M. Cunningham (2002). How Much Do We Know: Public Awareness of the Nation’s Fair 

Housing Laws. Washington, D.C.: U.S. Department of Housing and Urban Development. 

3 The scope of this study did not include discrimination through a failure to design and construct accessible 

housing. 

1 
Discrimination Against Persons with Disabilities: Testing Guidance for Practitioners 

Because of the scarcity of existing testing projects related to persons with disabilities for 

both research and enforcement purposes and the variety of ways in which housing 

discrimination based on disability may occur, a panel of experts (listed in Annex A), representing 

government and private fair housing experts and disability rights advocates and organizations, 

was convened to assist project staff in developing the DDS exploratory phase. With advice from 

the panel, UI developed 14 distinct testing scenarios targeting different categories of persons 

with disabilities and focusing on different aspects of housing discrimination. All 14 were 

implemented during the exploratory phase of DDS and are presented in table form in Annex B; 

discussion of the processes and outcomes of these scenarios are presented later in this report. 

Based upon the lessons from the exploratory phase, a second, “pilot,” phase was 

designed to produce rigorous, statistically representative estimates of the incidence of 

discrimination against selected groups of persons with disabilities in a single metropolitan area: 

Chicago, Illinois. Specifically, this pilot phase focused on the treatment of persons who are deaf 

and use a TTY system to inquire about housing units for rent,

4

 and on the treatment of 

physically disabled persons using wheelchairs who visit rental properties in person to inquire 

about available units.5

 These pilot tests were conducted from January to August 2004. The 

complete results of both phases of the DDS study are described in the HUD report, 

Discrimination Against Persons with Disabilities: Barriers at Every Step.

6 

DDS tests were conducted as part of a research project and were, therefore, not 

intended to be used as evidence in any type of enforcement proceeding. However, DDS 

incorporated design features that offered direct benefits to fair housing enforcement efforts. 

First, the Urban Institute provided all test files to HUD so that this information could be used to 

target housing providers for possible follow-up testing and investigation. Second, the 

exploratory phase of the project allowed experimentation with different testing approaches, 

scenarios, and types of rental housing to determine the most feasible ways to conduct disability 

discrimination testing. Finally, one of the key products from the project is this report, designed 

to provide guidance for practitioners. 

4

 Note that other people with hearing and communication disabilities may also rely on a TTY system so that 

findings from the analysis would apply to them, as well. 

5 The pilot phase was designed to measure the extent to which persons with disabilities experience adverse 

treatment when they search for rental housing in the Chicago area. The question of when differential treatment 

warrants prosecution and the related question of whether sufficient evidence is available to prevail in court can only 

be resolved on a case-by-case basis, which might also consider other indicators of treatment than those reported 

here. 

6

 Combined, the research report and this report are the last in a series of reports that measure the level of 

discrimination in the United States. Previous reports showed the level of discrimination experienced by African 

Americans, Hispanics, Asians, and Native Americans when they inquired about a unit advertised for sale or rent. The 

series of studies is commonly referred to as the Housing Discrimination Study (HDS). 

2 
Discrimination Against Persons with Disabilities: Testing Guidance for Practitioners 

1.2 Purpose and Organization of the Report 

This report draws upon both the exploratory and pilot phase experience of DDS and 

offers practical information to advocates, enforcement and regulatory agencies, and other 

interested parties about the possible uses of disability discrimination testing as an investigative 

tool to aid in the enforcement of the fair housing laws. This guide is not intended to be a 

definitive “how to” manual that describes a singular approach to conducting tests for 

discrimination against persons with disabilities. When testing is performed as part of an 

investigation, it is necessary to tailor the approach to the facts that are presented in a complaint 

or to focus on specific prohibited practices that are being investigated. As with all testing, a 

variety of testing strategies, test structures, and testing approaches can be appropriate 

depending upon the circumstances that prompt a test to be conducted. The purpose of this 

guide is to offer general guidance, insights, and resources for organizations interested in 

conducting disability discrimination testing. 

It is important for fair housing practitioners to understand the protections that the Fair 

Housing Act offers persons with disabilities in order to develop testing strategies that will 

capture evidence about whether the law has been violated. Chapter 2 offers an examination of 

the law itself and the provisions that prohibit different types of discrimination against persons 

with disabilities. Chapter 3 provides a brief overview of the basic testing processes, with special 

focus on using persons with disabilities as testers. Chapter 4 provides a more detailed 

examination of lessons learned from both the exploratory and pilot phases of the project with 

regard to types of discrimination, site identification, and testing protocols, and results. Chapter 

5 concludes by addressing test documentation and analysis and summarizing some of the 

enforcement options that are available when testing results indicate that discrimination may 

have occurred. 

3 
Discrimination Against Persons with Disabilities: Testing Guidance for Practitioners 

4 
Discrimination Against Persons with Disabilities: Testing Guidance for Practitioners 

2. LEGAL OVERVIEW 

When the Fair Housing Amendments Act was passed in 1988, adding disability 

discrimination to the kinds of discrimination in housing that the Act prohibited, Congress 

expressed its intent that people with disabilities should have the same rights to use and enjoy 

housing as do other persons, and that decision making about people with disabilities must be 

made on objective criteria and not unfounded assumptions: 

The Fair Housing Amendments Act . . . is a clear pronouncement of a national 

commitment to end the unnecessary exclusion of persons with handicaps from 

the American mainstream. It repudiates the use of stereotypes and ignorance, 

and mandates that persons with handicaps be considered as individuals. 

Generalized perceptions about disabilities and unfounded speculations about 

threats to safety are specifically rejected as grounds to justify exclusion.7 

The 1988 amendments were designed to address the ways in which Congress found that 

discrimination against persons with disabilities manifests itself. This chapter provides 

background information on legal issues, including the statutory definitions of disability, the types 

of conduct that are illegal under federal law, including direct discrimination against persons with 

disabilities, unequal treatment, and refusal to allow reasonable modification or make reasonable 

accommodation for persons with disabilities. 

2.1 Statutory Definitions of Disability 

The Fair Housing Amendments Act prohibits discrimination based on handicap,8

 defined 

as: 1) a physical or mental impairment which substantially limits one or more of such person's 

major life activities; 2) a record of having such an impairment; or 3) being regarded as having 

such an impairment; but such term does not include current, illegal use of or addiction to a 

7

 H.R. REP. NO. 100-711, at 18 (1988), reprinted in 1988 U.S.C.C.A.N. 2173, 2179. 

8

 Although the Act uses the term “handicap”, this report uses the terms “disability” and “people with 

disabilities” to reflect legislative changes made to other laws, and because “disability” is the preferred term. 

5 
Discrimination Against Persons with Disabilities: Testing Guidance for Practitioners 

controlled substance or addiction resulting from current illegal use of a controlled substance.9 

2.2 Illegal Conduct Toward People with Disabilities 

The Act prohibits a broad range of discriminatory practices directed at people who are 

disabled and people who are associated with people who are disabled. It covers disabled 

people who are themselves buyers or renters as well as people who live in or who are going to 

live in a unit with a disabled person, such as a live-in-aide. It also covers any person because 

of his or her association with someone who has a disability.10 

The Act prohibits making or publishing statements that express a limitation directed at an 

individual because of disability.11 HUD’s Fair Housing Act regulations prohibit inquiries into the 

nature or severity of a person’s disability and (with limited exceptions) whether a person has a 

disability.12 The Fair Housing Act contains an exemption that states that a dwelling unit does 

not have to be made available to a person who is disabled but “whose tenancy would constitute 

a direct threat to the health or safety of other individuals or whose tenancy would result in 

substantial physical damage to the property of others.” 42 U.S.C. 3604(f)(9). 

9

 42 U.S.C. 3602(h). HUD’s regulations provide more interpretative guidance to describe the kinds of 

disabilities that may be covered by the law. As used in this definition: 

(a) Physical or mental impairment includes: 

(1) Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the 

following body systems: Neurological; musculoskeletal; special sense organs; respiratory, including speech organs; 

cardiovascular; reproductive; digestive; genito-urinary; hemic and lymphatic; skin; and endocrine; or 

(2) Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental 

illness, and specific learning disabilities. The term physical or mental impairment includes, but is not limited to, such 

diseases and conditions as orthopedic, visual, speech and hearing impairments, cerebral palsy, autism, epilepsy, 

muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, Human Immunodeficiency Virus infection, 

mental retardation, emotional illness, drug addiction (other than addiction caused by current, illegal use of a 

controlled substance) and alcoholism. 

(b) Major life activities means functions such as caring for one's self, performing manual tasks, walking, seeing, 

hearing, speaking, breathing, learning and working. 

(c) Has a record of such an impairment means has a history of, or has been misclassified as having, a mental or 

physical impairment that substantially limits one or more major life activities. 

(d) Is regarded as having an impairment means: 

(1) Has a physical or mental impairment that does not substantially limit one or more major life activities but that is 

treated by another person as constituting such a limitation; 

(2) Has a physical or mental impairment that substantially limits one or more major life activities only as a result of the 

attitudes of other toward such impairment; or 

(3) Has none of the impairments defined in paragraph (a) of this definition but is treated by another person as having 

such an impairment. 

10 24 C.F.R. 100.202 (a) and (b). 

11 42 U.S.C. 3604(c). 

12 24 C.F.R. 100.202(c). 

6 
Discrimination Against Persons with Disabilities: Testing Guidance for Practitioners 

The Act broadly prohibits discrimination in housing because of disability, including failure 

or refusal to rent or a failure to negotiate for the sale or rental of housing,13 discrimination in the 

terms or conditions of housing or in facilities or services that are associated with housing,14 and 

false representations about whether a unit is available.15 In addition, the Act covers three 

additional types of discrimination that are unique to people with disabilities. Congress 

recognized that people with disabilities may require additional protection in order to enable them 

to live in, use, and enjoy housing in the same way that people without disabilities are able to use 

and enjoy housing. Congress provided that discrimination against disabled people includes not 

only more usual forms of discrimination, but also the failure by a landlord to take affirmative 

steps to ensure that disabled people enjoy the use of, or have access to, the facility to the same 

extent as non-disabled individuals.”16 

(1) The Act defines “discrimination,” with respect to people with disabilities, as including 

a failure or refusal to permit the structural modification of a property that is occupied 

or which will be occupied by a disabled person at that person’s expense.17 

(2) The Act also includes the failure or refusal to make reasonable accommodation in 

rules, policies, practices, and services if such an accommodation is necessary for 

the disabled person to benefit from housing.18 Under this portion of the law, the 

accommodation is provided and paid for by the entity that is making the 

accommodation, rather than by the tenant or the applicant. 

(3) The Act requires that new multifamily dwelling units, as defined in the law, must be 

designed and constructed to be accessible to and usable by people with 

disabilities.19 

2.3 Direct Evidence of Discrimination 

Violations of the Act toward people with disabilities may be manifested in a number of 

ways in a rental situation. There may be direct evidence of discrimination through a statement 

or advertisement. Direct limitations on availability, applying different terms or conditions to a 

disabled person, charging them more for rent or deposit, if done explicitly because of disability, 

violate the Act. For example, a landlord may not tell a blind applicant that she cannot rent a 

13 42 U.S.C. 3604(a). 

14 42 U.S.C. 3604(b). 

15 42 U.S.C. 3604(d). 

16 H. R. Rep. No. 711, 100th Cong. 2nd Sess. 25, reprinted in 1988 U. S. Code Cong. Admin. News 2186. 

17 42 U.S.C. 3604(f)(3)(A). 

18 42 U.S.C. 3604(f)(3)(B). 

19 42 U.S.C. 3604(f)(3)( C). 

7 
Discrimination Against Persons with Disabilities: Testing Guidance for Practitioners 

second story unit because he is afraid she will fall down the steps. A landlord may not tell a 

person in a wheelchair that he must wait longer for an accessible unit instead of renting a nonaccessible unit, if that is the applicant’s choice. A landlord may not state in a notice to human 

services offices that he will not accept people with mental disabilities at a particular site. A 

landlord may not impose a lease requirement on a tenant just because she uses a wheelchair. 20 

If a housing provider expresses an adverse decision, and ties the reason directly to disability, 

the Act’s provisions regarding discriminatory statements will have been violated and often these 

discriminatory statements will be direct evidence of a Fair Housing Act violation. Finally, a 

housing provider may not ask a person with a disability questions about the nature of the 

disability or how severe it is.21 

2.4 Unequal Treatment 

People with disabilities, like other groups protected under the Fair Housing Act, should 

not be treated differently when seeking housing. Even if there is no explicit reference to 

disability, providing different treatment to people who have disabilities than to non-disabled 

people constitutes discrimination. Different treatment can occur at many points during an effort 

to seek housing. Examples include: 

• A landlord may give applicants with disabilities different information about the 

availability of advertised housing units than the landlord may give to persons 

without disabilities. 

• A housing provider may not offer persons with disabilities the same opportunities 

as persons without disabilities to inspect advertised or available units 

• A rental agent may steer applicants with disabilities to different units, floors, or 

buildings than applicants without disabilities. 

• A housing provider may charge or require different rental rates, deposits, 

application fees, types of insurance, and credit check charges to persons with 

disabilities than the housing provider charges to persons without disabilities. 

• An agent discourages applicants with disabilities, by not returning telephone 

calls, making follow up contacts, inviting the applicants to complete an 

application, or offering waiting list opportunities while encouraging applicants 

without disabilities by these methods. 

20 HUD v. Country Manor Apartments, et al., 2001 WL 1132715 (HUDALJ), imposition of requirement that 

resident using motorized wheelchair obtain and pay for personal liability insurance violates the Fair Housing Act. The 

decision is also available at http://www.hud.gov/offices/oalj/cases/fha/pdf/countrymanor.dec.pdf. 

21 24 C.F.R. 100.202 (c). 

8 
Discrimination Against Persons with Disabilities: Testing Guidance for Practitioners 

2.5 Reasonable Modification 

Discrimination that occurs in the area of structural modification is prohibited in different 

ways depending on whether there are federal funds involved in the housing. In private housing 

that does not receive any federal funding, the Fair Housing Act as well as state and local fair 

housing laws apply. Structural modification needed by a person with a disability must be made 

at the expense of the resident (or applicant) and the landlord’s obligation is to permit any 

reasonable modification. This “reasonable modification” requirement obligates a landlord to 

grant permission for a structural modification, like the addition of a ramp or widening a door, and 

it requires that the tenant or prospective tenant pay for the modification. 

HUD’s regulations permit a housing provider to condition approval of a modification on 

assurances that that the modification is done in a workmanlike manner and that any required 

permits for the work be obtained.22 In a rental property, a landlord may condition permission for 

the modification on an agreement by the resident to restore the interior of the unit, wear and tear 

excepted, but there is no obligation to restore a modification that is made to a public or common 

use area.23 In most instances, a landlord may request a deposit as a condition of approval to 

cover the cost of the restoration of the inside of a unit to its condition before the modification 

was made, but must follow specified rules for maintaining the deposit in an escrow account and 

paying any accrued interest to the tenant. 

Denials of reasonable modification occur in a variety of ways in private housing. Some 

of the most common denials include the complete refusal to permit the modification at all— 

whether it is for an exterior ramp to enter a unit, removal of a bathroom door to accommodate a 

wheelchair, or lowering kitchen cabinets. Violations also occur when landlords condition their 

approval of a modification in a way that is inconsistent with the Fair Housing Act’s statutory and 

regulatory scheme. In some cases, a landlord might attempt to require an additional security 

deposit, require restoration of modifications that are in public areas—which the Act does not 

require—or impose insurance or other non-statutory requirements on the modification-seeker. 

Several litigated cases have been brought by applicants with disabilities who have sought 

permission for a modification that was denied and by residents where landlords sought to place 

conditions that went beyond the Act’s requirements for approval of the modification. 

In properties that are federally assisted or subsidized, the requirements are somewhat 

different. An additional law, Section 504 of the 1973 Rehabilitation Act, applies to recipients of 

federal financial assistance, and requires a housing provider that receives federal financial 

assistance to make and pay for requested structural changes to facilities as an accommodation 

to a person with a disability.24 

22 24 C.F.R. 100.203(b). 

23 42 U.S. C. 3604(f)(3)(A). 

24 29 U.S.C. 793. HUD’s regulations implementing Section 504 are found at 24 C.F.R. Part 8. In properties 

receiving federal financial assistance, a failure to provide and pay for requested structural changes needed as a 

9 
Discrimination Against Persons with Disabilities: Testing Guidance for Practitioners 

2.6 Reasonable Accommodation 

Both the Fair Housing Act and Section 504 of the 1973 Rehabilitation Act require a 

housing provider to make reasonable accommodation to enable a person with a disability to use 

and enjoy housing.25 The types of accommodation needed by people with disabilities are almost 

unlimited because each individual may need a different type of accommodation, or several 

types of accommodation, depending on his or her disability-related needs. Under the Act, 

reasonable accommodation must be made to rules, policies, practices, or services, when 

needed for an individual to fully utilize the housing. 

One reasonable accommodation need that occurs frequently both in private and assisted 

housing is for an accessible parking space,26 located in close proximity to a unit that is under 

consideration for rental. The need for accommodation might involve a request for a designated 

parking spot, a handicapped parking space, a space designed for van parking, or a space near 

a particular unit. Another common request for reasonable accommodation involves a request to 

permit an “assistance animal,” as an exception to usual “no pet” policies.27 Assistance animals 

include guide dogs for persons with visual disabilities, as well as other types of assistance 

animals that provide services for people with other disabilities, including emotional support for 

persons with mental disabilities or whose disabilities result in chronic pain.

28 

Other examples of exceptions to usual policies may include waiver of guest fees for a 

home health aide,29 waiver of late payment charges and lease cancellation remedies for a 

reasonable accommodation for a person’s disability would be a violation of Section 504 of the Rehabilitiation Act of 

1973, unless the requested structural changes constitute an undue financial and administrative burden or a 

fundamental alteration of the recipient’s program. 

25 See generally Joint Statement of the Department of Housing and Urban Development and the Department 

of Justice: Reasonable Accommodations Under the Fair Housing Act, May 17, 2004, found on line at 

http://www.fairhousing.com/index.cfm?method=page.display&pageid=3607, HTML and at 

http://www.hud.gov/offices/fheo/library/huddojstatement.pdf , PDF. 

26 Shapiro v. Cadman Towers, 844 F. Supp. 116 (E.D.N.Y. 1994), aff’d 51 F. 3rd 328 (3rd Cir. 1995), waiver 

of first come, first served policy for parking space assignment required as a reasonable accommodation, Jankowski – 

Lee v. Cisneros, 91 F. 3rd 891 (7th Cir. 1996), assigned handicapped parking required as a reasonable 

accommodation. 

27 Animals used by persons with disabilities may also be referred to as “service animals, “companion 

animals,” or “support animals,” depending on the function they serve. 

28 Majors v. Housing Authority of the County of DeKalb Georgia, 652 F.2d 454 (5th Cir, 1981) Green v. 

Housing Authority of Clackamas County, 994 F. Supp. 1253 (D.OR 1998) waiver of no pet policy to accommodate 

hearing assistance animal, HUD v. Dutra, et al., 1996 WL 657690 (HUDALJ) available on line at 

http://www.hud.gov/offices/oalj/cases/fha/pdf/dutra1.pdf (cat provided pain therapy for symptoms of fibromyalgia and 

relieved emotional distress associated with pain from the disability), HUD v. Riverbay, (HUDALJ) available on line at 

http://www.hud.gov/offices/oalj/cases/fha/pdf/riverbay.pdf. 

29 United States v. California Mobile Home Park Management, 29 F.3d 1413 (9th Cir.1994). 

10 
Discrimination Against Persons with Disabilities: Testing Guidance for Practitioners 

person with a mental disability,30 making an exception to a “no cosigner” rule,31 providing or 

using alternative forms of communications, such as communicating with deaf people through 

use of telecommunications devices or telephone relay systems, and waiver of an age policy to 

accommodate a young disabled resident in a senior housing project.32 

A reasonable accommodation need not be made if it would present an undue financial 

and administrative burden to the housing provider, or constitute a fundamental alteration to a 

program.33 If the housing provider refuses to grant an accommodation the housing provider 

must discuss with the requester whether there is an alternative accommodation that would 

effectively address the requester's disability-related needs without a fundamental alteration to 

the provider's operations or without imposing an undue financial and administrative burden. If 

an alternative accommodation would effectively meet the requester's disability-related needs 

and is reasonable, the provider must grant it. This interactive process where there is a 

discussion of the requested accommodation and possible alternatives is helpful to all involved, 

because it often results in an effective accommodation for the requester that does not pose an 

undue financial and administrative burden for the provider.34 

30 Samuelson v. Mid-Atlantic Realty Company, 947 F. Supp. 756 (D.DE 1996). 

31 Giebler v. M&B Associates, 343 F.3d 1143 (9th Cir. 2003). 

32 Canady v. Prescott Canyon Estate Homeowners Association, 60 P.3d 231 (AZ App. 2002). 

33 HUD v. Ocean Sands, Inc., (HUDALJ) available on line at 

http://www.hud.gov/offices/oalj/cases/fha/pdf/oceansn1.pdf. See also Green and Dutra, supra, fn 27. 

34 Joint Statement, supra. 

11 
Discrimination Against Persons with Disabilities: Testing Guidance for Practitioners 

12 
Discrimination Against Persons with Disabilities: Testing Guidance for Practitioners 

3. BASIC TESTING PROCEDURES FOR DISABILITY DISCRIMINATION 

The Disability Discrimination Study began by assuming that the basic paired testing 

protocols that have been developed and applied in previous research testing studies could be 

adapted for discrimination against persons with disabilities. And indeed, the experience from 

this project indicates that paired testing protocols can be designed to effectively detect and 

measure differential treatment discrimination as well as refusals to allow reasonable 

modification or make reasonable accommodation. 

The basic paired testing protocols used disabled and non-disabled tester partners who 

were matched on gender, age, and other personal characteristics and assigned comparable 

housing needs, income, family composition, and employment circumstances that qualified them 

both for a particular advertised housing unit.35 Testers visited housing providers in turn to 

inquire about the availability of the advertised housing, and each systematically recorded the 

information and assistance he or she received. Test partners did not compare their experiences 

with one another or record any conclusions about differences in treatment; each simply reported 

the details of the treatment he or she experienced. Urban Institute analysts constructed a series 

of treatment indicators that were then used to rigorously compare the experiences of the testers. 

Although this basic process was used for all DDS tests, there were a number of issues 

specific to disability discrimination testing that warranted a rethinking of the traditional protocols 

and a retooling of the existing forms, instructions, and other materials. It is important to note 

that not all testing for disability discrimination needs to include all of the elements that were 

implemented in the Urban Institute’s research testing. For example, if a fair housing or disability 

rights organization receives a complaint about a housing provider who refused to permit a 

reasonable modification, a test may not be useful and a simple telephone call from the 

organization to the housing provider, explaining the right of the person with a disability to the 

reasonable modification may remedy the situation or provide further evidence of the failure to 

provide the requested reasonable modification. Alternatively, if a local organization wants to 

investigate whether a particular housing complex refused to rent to a wheelchair user, it may 

conduct a paired test. In other words, each testing situation is likely to call for a different set of 

design decisions, ranging from relatively simple to more complex. 

In this chapter, we summarize the basic DDS testing protocols, with examples of some 

of the issues that prompted changes to them. We outline the three stages of the testing 

process: preparing to test, conducting the test, and following the test and conclude with a 

discussion on using persons with disabilities as testers. Chapter 4 provides a more detailed 

examination of the challenges, impacts, and lessons learned from the decisions that were made 

in the project, from the practitioner’s perspective. 

35 One of the 14 exploratory scenarios was a non-paired test. 

13 
Discrimination Against Persons with Disabilities: Testing Guidance for Practitioners 

3.1 Preparing to Test 

Although the actual conduct of a test causes people the most concern, the initial set up 

is equally important. As in all previous testing efforts, each and every test requires 

comprehensive preparation. 

Analysis to consider (1) whether testing will provide useful evidence to confirm or refute 

that discrimination is occurring; (2) the type of testing that should be done; (3) careful matching 

of the tester and the person complaining about discrimination. For example, a person believes 

that she was denied an apartment because she uses a wheelchair and an assistance dog. She 

telephoned about an advertised vacancy and was invited to view the unit. However, when 

accompanied by her assistance dog, she arrived to view the unit, the landlord told her that the 

unit had just been rented. A non-disabled tester could telephone to determine whether the unit 

was still available. If the unit is still available, the testing organization should analyze whether 

the original applicant should seek housing again or if a paired tester should be used. A factor in 

this analysis would be the size of the housing provider. If the housing provider is a relatively 

small operation, a tester, who uses a wheelchair and a guide dog, may be too obvious and the 

test results unusable. It may be more appropriate, if housing is still available, for the original 

home seeker to attempt to reapply and view the unit. Alternatively, a tester, accompanied by an 

assistance dog, could be used if the housing provider runs a relatively large operation and it 

would not be unusual for two applicants with wheelchairs and assistance dogs to express an 

interest in a vacancy within a relatively short period of time. Careful consideration should be 

given to matching the tester’s profile closely to the original complaining person. If the tester with 

a wheelchair does not have a guide dog and is offered a unit, it may be irrelevant to the original 

complaint of discrimination, if the motivation behind the denial of the unit was the housing 

provider’s objection to a guide dog. 

Availability of testers. Serious consideration should be given to whether a testing 

organization has a matching tester with the same or similar disability to the person who believes 

that she was discriminated against because of her disability. Testing organizations, that have 

not recruited and trained testers with disabilities, should exercise extreme caution when 

considering whether to ask non-disabled tester to pose as a person with a disability. While it 

may be possible for a non-disabled person to pose as disabled in a telephone test, it is hard to 

imagine that it would ever be possible during an in-person test. Just as testing organizations 

would not use white testers disguised as African-Americans to test for race discrimination, 

testing organizations should not use non-disabled testers disguised as disabled testers to test 

for disability discrimination. 

Advance calls to the test site were made prior to each test being conducted. Usually 

made by the local test coordinator, these calls (a) determine whether an advertised unit is 

eligible and available to be tested and (b) ensure that persons conducting the test are assigned 

credible financial and personal characteristics. They typically gather information on unit 

14 
Discrimination Against Persons with Disabilities: Testing Guidance for Practitioners 

availability, rent price, location, and office hours. A couple of issues raised for DDS testing 

included: 

• how much information should be gathered regarding building 

accessibility? 

• how should advance callers ask about unit availability for subsidized 

rental units, many of whom have waiting lists? 

Test assignments were developed for each tester and provided complete information on 

how a test should be conducted. This information usually includes the specifics of how the tests 

will proceed logistically (e.g., who will go first, what time will each tester call or visit the housing 

provider, who needs to make an appointment prior to a test visit), in addition to the personal and 

financial characteristics of the tester to match the characteristics of the person with a disability 

who believes that she has been denied housing because of her disability. These characteristics 

may, in limited instances, reflect the actual characteristics of the testers (such as their age), but 

are most often assigned by the test coordinator to match the characteristics of the person who 

believes that she was discriminated against. These assigned characteristics include the tester’s 

occupation, household composition, current housing situation, and future housing needs. 

Housing related characteristics, such as household composition and housing needs are 

developed based on the actual advertised unit being tested. 

Regarding DDS research testing specifically, we had to consider the following, among 

other things: 

• what role will the tester be assigned (representing him or herself, as proxy 

for a disabled or non-disabled person, as a companion to a tester)? 

• how should the disabled tester approach the test site (with or without a 

guide dog, with or without a companion, with or without a Sign Language 

interpreter)? 

• how could a disabled tester be assigned a credible story to convey a nonobvious disability (e.g., mental illness)? 

• should unit modifications be assigned or should testers make this 

determination once on site? 

• should the random order of test visits be changed so that building/unit 

accessibility can first be determined? 

Briefing testers is an extremely important and, often, overlooked part of the testing 

process. Testers meet individually and in-person with the test coordinator to receive the test 

assignment form and to be given a chance to discuss the particulars of each test. Often testers 

are unclear about where or when a test is to be conducted and may need assistance with 

memorizing their assigned characteristics. For this reason, during the DDS research testing, 

15 
Discrimination Against Persons with Disabilities: Testing Guidance for Practitioners 

testers were given only one test assignment at a time during briefings. The DDS researchers 

expressed a few concerns, including: 

• could testers be given more than one test assignment at a time for phone tests? 

• how can test coordinators better accommodate disabled testers (by conducting 

briefings at the tester’s home, work, or a location convenient to public 

transportation or by telephone)? 

3.2 Conducting the Test 

Once testers have been briefed, they are ready to conduct the test. Testers are always 

encouraged to review their test instructions before approaching the housing provider, whether 

by telephone or in-person. This review is especially important if testers are conducting different 

types of tests during the same time period and can be beneficial to even the most seasoned 

tester. 

In-Person testing in DDS was made difficult because of the varying scenarios for each of 

the 14 types of test conducted in the project. So for each type of test, we developed a specific 

set of instructions based on the particular requirements of each (A complete set of test 

instructions for the exploratory phase can be found in Annex B; pilot phase instructions can be 

found in Annex C). However, we followed the basic testing process used in previous studies. 

Testers inquire about the advertised rental housing and any other available housing that 

met their needs. They ask about rent price, date availability, lease length, deposit and other 

fees, and application process. They are also required to be attentive to any discussion 

regarding waiting lists, incentives, and follow-up arrangements, among other things, and to take 

notes during the test. In addition, for in-person tests, testers were required to ask to inspect any 

available units. As expected, many issues specific to disability testing arose, including: 

• how can site accessibility best be assessed for testing purposes? 

• how should disabled testers proceed if the rental unit or other parts of the test site 

are inaccessible? 

• how should disabled testers frame their requests for accommodation and 

modification? 

• if disabled testers are not able to inspect units, what requests for accommodation 

and modification should be made? 

• how should disabled testers disclose their disability (such as a mental illness), if 

not obvious? 

• what should be the role of a disabled tester’s companion (if one is assigned)? 

• do any protocols need to be adapted to accommodate certain disabled testers? 

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Discrimination Against Persons with Disabilities: Testing Guidance for Practitioners 

Appointment calls need to be made for certain in-person tests and are required when (a) 

the location of the advertised housing is not known; (b) the advertisement indicates that an 

appointment is required, and an advance call has disclosed that an appointment is required. 

One important issue we had to consider was how appointment calls would be handled for 

testers with communication disabilities. 

Phone tests have never been conducted for any of the previous Housing Discrimination 

Study (HDS) phases. So we began with the in-person protocols (as outlined above) and found 

that they worked fairly well. However, we did find a number of issues that had to be worked out, 

including: 

• should different types of information be requested from housing providers (e.g., 

no inspection requests)? 

• how should testers handle requests from housing providers regarding follow-up? 

• how should testers handle the use of answering machines, voicemail, or other 

screening devices? 

Inserting Disability into Tests. When a tester does not have a visible disability or when 

telephone testing is conducted, a testing strategy must include some way of communicating the 

fact that there is a disability, since the law applies to people who have disabilities that are known 

to a housing provider. To ensure that testers were identifiable as disabled during in-person 

tests, DDS testers were recruited in specific categories—such as wheelchair users, blind or 

substantially vision impaired, deaf or substantially hearing impaired, or having a mental disability 

that fit into the identified categories. The expert panel recommended that the test assignment 

form provide testers with a response to offer a housing provider should they be asked the 

reason for their disability and a range of generic answers was provided, such as sports injury or 

illness.36 

With non-obvious disabilities, or when telephone testing was conducted so that a 

disability was not apparent, the project identified specific ways to convey disability status. 

Physical disabilities posed less of a challenge. In phone testing, testers simply would identify 

themselves as the disability type in question. A tester might say, “I use a wheelchair” or “I have 

difficulty in walking long distances,” for handicapped parking inquiries. “What does the building 

look like, I’m blind,” or, if the tester is a proxy caller, ”I’m calling on behalf of my sister, who’s 

deaf” or “I’m calling for one of my clients, a man with a mental disability.” In in-person testing 

with a tester who has an invisible physical disability, a tester might say, “can we drive to the 

unit? I have a disability and I can’t walk long distances.” Such comments adequately convey 

that the individual has a disability. 

36 This was seen as especially important for young, male testers in wheelchairs whose disability might be 

incorrectly assumed by some housing providers to have been the result of gang or drug related activity. 

17 
Discrimination Against Persons with Disabilities: Testing Guidance for Practitioners 

Conveying a mental disability poses a different challenge. Because many people with 

mental disabilities choose not to disclose their disability, it could appear awkward for a tester to 

offer such a disclosure when first meeting with a housing agent. The project identified several 

ways to convey a mental disability—by describing a recent release from a treatment facility or a 

psychiatric hospital readily recognizable as such, by describing manifestations of a mental 

disability in the context of requesting an accommodation (“I have short term memory loss and 

may ask for a reminder to pay the rent”). Persons with mental disabilities and their advocates 

were a good source of suggestions about how they would prefer to introduce their disabilities in 

a conversation. 

3.3 Following the Test 

What occurs following a test is certainly as important as conducting it. Tests can be 

rendered unusable simply because testers fail to accurately and/or completely report what 

happened during the test or because test coordinators fail to require testers to do so. Problems 

can also arise when testers fail to inform test coordinators about deviations from test protocols 

or other problems that occurred during a test. 

Test report forms were required to be completed immediately following a test so that 

testers would be able to recall as much detail as possible. In addition to completing a set of 

standard reporting forms (that were different for telephone and in-person tests), testers were 

also required to complete a narrative report that documented, in detail, everything that 

happened on the test. And although they were developed for research testing, the test report 

forms used in DDS can be adapted for enforcement purposes. However, they are only 

examples of the types of reporting forms that might be used when conducting disability 

discrimination tests. They should be modified by the user, as needed (a complete set of report 

forms for the pilot phase can be found in Annex D). A number of issues surrounding test report 

forms surfaced during development, including: 

• how can forms be adapted so that they can be used for more than one type of 

test? 

• in what formats would the report forms need to be developed (e.g., Braille, large 

print, scannable for specialized reading equipment)? 

• what assistance may need to be provided for some disabled testers to complete 

test report forms? 

• how could reporting requirements be adapted for some disabled persons who 

may not be able to write (e.g., allowing tape recorded narratives)? 

Debriefing a tester after the test is completed is also a key part of the testing process. In 

DDS, testers met with their test coordinator within 24 hours of their test, so that their 

experiences would be fresh. Test coordinators collected and reviewed the tester’s report forms 

in the tester’s presence, so that any issues of clarity or completeness could be addressed 

18 
Discrimination Against Persons with Disabilities: Testing Guidance for Practitioners 

immediately. Test Coordinators also reviewed the tester’s narrative at this time and compared it 

to the tester’s other report forms, noting any incongruities between them. In the DDS pilot 

phase, test coordinators were able to review the tester’s report and narrative forms on-line 

immediately following the test and often before the debriefing session; this saved a considerable 

amount of the tester’s time. The debriefing is also the time to allow testers to discuss any 

problems that occurred on the test or to report any deviations from test protocols. As with tester 

briefing, the primary concern for tester debriefing was how to best accommodate disabled 

testers during this process. 

Follow-up contact from a housing provider is an important test indicator. As in previous 

testing studies, DDS testers were required to report if they received any phone calls or postal 

mail following a test. This follow-up was usually received and recorded by the test coordinator 

because voice mailboxes were used in place of testers’ real phone numbers. Occasionally, 

however, a housing provider did send follow-up postal mail to thank the tester or provide further 

information. On extremely rare occasions, the housing provider may have called a tester 

directly if they were able to track down their home telephone number. Although we did adhere 

to the basic follow-up contact procedures used in previous testing, we found that we had 

additional issues to consider for disability testing. These included: 

• if a disabled tester does not get a clear answer to the request for reasonable 

accommodation or unit modification, what additional follow-up should be conducted? 

• how much time should be allowed for housing providers to follow-up, before testerinitiated follow-up commences? 

• how many tester-initiated calls must be attempted in an effort to get a conclusive 

answer to the request for reasonable accommodation or unit modification? 

The basic testing protocols discussed above were used in DDS and conducted by the 

Urban Institute for research purposes. The forms and other materials provided in this report are 

not intended to limit or restrict the performance of other disability discrimination testing or 

establish a legal standard for such testing that may be conducted. Other test forms and 

protocols used for housing discrimination testing may be just as effective as those provided in 

this guide. For further information, a list of fair housing testing resources is provided in Annex 

H. 

3.4 Persons with Disabilities as Testers 

All but one of the DDS testing protocols relied upon persons with disabilities to serve as 

testers, rather than having non-disabled people pose as proxies or pretend to have disabilities.37 

Some members of the expert advisory panel argued strongly against using nondisabled persons 

37 One scenario used proxy testers to make telephone inquiries on behalf of a person with a cognitive 

disability. 

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Discrimination Against Persons with Disabilities: Testing Guidance for Practitioners 

as proxies for persons with disabilities in any testing, on the principle that persons with 

disabilities are capable of participating effectively in research about the circumstances they 

face. Other members raised concerns, however, about the feasibility of recruiting sufficient 

numbers of testers with disabilities who could nonetheless pose effectively as homeseekers, 

and about the potentially damaging emotional impact that testing might have on persons with 

mental disabilities. We found, however, that persons with disabilities (including persons who 

are mentally ill or developmentally disabled) can serve effectively as testers on their own behalf. 

With proper planning for accommodation, persons with disabilities fare as well as any other 

testers who participate in discrimination testing studies. 

Recruitment, Selection, and Retention. The Urban Institute generally contracts with local 

organizations to recruit and manage testers for discrimination studies. Urban Institute staff train 

the testers to ensure that testing protocols are consistently implemented. Although the groups 

participating in this project already had a pool of testers with disabilities available, many 

organizations that conduct testing activities do not have testers with a range of disabilities 

readily available to conduct tests. 

Testers with disabilities can be recruited from many of the same sources that are 

typically used to locate other testers—social and religious organizations, associates, 

advertisements, and other similar places. One useful place to recruit testers who have 

disabilities is a local Center for Independent Living, which typically has clients and employees 

with a variety of disabilities. Others are service organizations that have adult members or 

participants who represent particular types of disabilities—groups like Easter Seals, United 

Cerebral Palsy, or the Muscular Dystrophy Association. A third are local groups that provide 

support, advocacy, or social services to persons with disabilities, such as state Protection and 

Public Advocacy or legal services groups whose clients may have disabilities, or Developmental 

Disabilities Councils, nutrition centers, or adult day care centers. 

For this project, prospective testers were asked to provide information about their actual 

personal and financial characteristics, including employment (both past and present), income, 

household members, testing experience, and availability. Testers also provided information 

about what type of disability they have (e.g., low vision, physically disability and use a 

wheelchair, deaf) and any need for reasonable accommodation during the training or testing 

process. This information is useful in planning and conducting training and testing efficiently. 

In addition, the actual characteristics of the testers may require care in selection of 

testers for a particular test. Specifically, some critics of testing research have argued that 

observed differences in treatment may be attributable to differences in partners’ income or 

education, rather than differences in race or other protected characteristics (although HDS2000 

analysis found no such correlation). It may be necessary to recruit and train a large pool of 

disabled and non-disabled testers to avoid the insertion of non-disability variables like race, 

national origin, or age into the test. It may also be necessary to recruit testers with a variety of 

20 
Discrimination Against Persons with Disabilities: Testing Guidance for Practitioners 

disabilities, so that use of particular testers will not insert disability related variables, like 

communication issues, or the relative severity of a disability, into a particular test. 

Tester retention is always a problem in any discrimination testing project, and disability 

testing needs consideration of additional issues. Testers with disabilities may encounter more 

impediments in conducting a long term, or repeated, testing project. Transportation issues, 

health problems, and the unique challenges of living with a disability may cause a high level of 

tester attrition. Additional recruitment and training may be needed on an ongoing basis. 

Reasonable Accommodation for Testers. For DDS, the local testing organization 

identified any reasonable accommodation that prospective testers would need to participate in 

the project and documented these needs on each individual’s tester application form. 

Transportation issues were a significant concern during the project. Testers with disabilities 

who did not have access to private transportation had to use various forms of public and paid 

transportation to conduct in-person tests. In some instances, the project provided drivers to 

take testers to sites that were not served by public transportation. Use of taxicabs or private 

transportation added additional costs to the project. Use of paratransit services and public 

transportation resulted in occasional delays in arrival times, which sometimes required 

adjustments to the arrival time for another tester. When transportation is used that might result 

in delays, testing should be scheduled well in advance of office closing hours. Use of testers 

who have their own transportation, or who can successfully use public transportation to conduct 

tests, will avoid some of the scheduling and timing issues. 

Some testers with vision or other disabilities may need special accommodation in order 

to use training materials or to complete test report forms. Such an accommodation could 

include computer-based systems that “read” written material, providing testers with all written 

materials in Braille, or providing a reader or writer for the person with a disability. A number of 

testers in this project used assistance from project staff, aides, or others to complete test report 

forms. Testers with hearing impairments might need sign language interpretation for training or 

testing activities. 

Some testers may need arrangements for other types of accommodation. Testers who 

need personal care attendants during travel or testing periods may need assistance in locating 

or paying for attendants that are used during the course of training or testing. The exploratory 

phase of this project conducted a small number of tests with cognitively disabled testers who 

were accompanied by a companion who, while not a tester, was available to provide support 

and assistance during the test. An assessment of this process indicated that some cognitively 

disabled testers needed assistance in remembering and recording the test experiences. For the 

purposes of DDS, it was concluded that companions should be used in such circumstances, but 

should not engage the housing provider directly in discussions or speak for the person with a 

disability. 

Companions for several of the cognitively disabled and mentally disabled testers used in 

this project received training on the testing process and, while not participating directly in the 

21 
Discrimination Against Persons with Disabilities: Testing Guidance for Practitioners 

discussion between the person with a disability and the housing provider, were available to 

“cue” the tester on points that the tester asks about during the test. For example, if the tester 

forgot the date by which he needed to move, he turned to his companion who would remind him 

of his assigned move date, saying something such as, “you told me you needed to move by the 

end of June.” The tester then turned back to the housing provider and said, “Oh, yes, that’s 

right; I need the apartment by the end of June.” In addition to accompanying the disabled tester 

on the test, these companions participated in the documentation of the test and discussions 

about the test with project staff. 

Lengthy training sessions may need to be shortened, simplified, or repeated for testers 

with mental illnesses or cognitive disabilities. In addition, organizations should consider 

conducting smaller, less lengthy training sessions if testing will include multiple types of 

disabilities. Smaller group trainings could focus on specific methodologies or be conducted for 

different groups of persons with disabilities who may have specific accommodation needs, such 

as Sign Language interpretation. 

Proxy Testers. Many testing organizations use proxy testers in one of two ways— 

people who are not disabled pose as having a disability, or pose as a relative or an associate of 

a person with a disability. Proxy testers present some advantages and some disadvantages. 

Proxy testers who pose as people with disabilities sometimes are asked questions or have to 

present themselves in ways that are unfamiliar to them. In brief telephone tests this need not be 

a significant problem. However, DDS did not consider using non-disabled persons to pose as 

persons with disabilities for purposes of testing, because the risk of detection was high and 

because the testing organizations were able to recruit and train adequate numbers of people 

with disabilities as testers. 

Proxy testers may also be persons who pose as someone associated with a person with 

a disability and may include family members, friends, case managers, discharge planners, 

social workers, or employees of halfway houses or transitional housing. Proxy testers have a 

significant advantage in some testing contexts. For example, a non-disabled person can easily 

see an entire site that is inaccessible and which cannot be visited by a person with a mobility 

impairment. These sorts of proxy testers are also relatively free from the risk of detection in 

occasional testing, since it is not uncommon for friends or associates to look for housing for 

another person, especially if they indicate that the disabled person is moving in from out of 

town, or being released from a treatment facility. They may be able to raise the disability issue 

relatively easily in a short conversation and be credible in doing so. There may be 

disadvantages to using proxy testers in this way, however. Conducting a number of tests with 

proxy testers may also increase the risk of detection, especially in smaller markets or with 

repeated tests. 

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Discrimination Against Persons with Disabilities: Testing Guidance for Practitioners 

4. DESIGNING AND CONDUCTING TESTS OF DISABILITY DISCRIMINATION 

Testing for discrimination against persons with disabilities can be challenging because 

different types of disabilities call for different testing strategies and because of the potential for 

capturing not only differential treatment but also denial of reasonable accommodation and/or 

reasonable modification. In the Disability Discrimination Study, the Urban Institute explored the 

feasibility and effectiveness of multiple testing strategies, targeted to different categories of 

persons with disabilities, and focused on different aspects of housing discrimination. This 

chapter discusses lessons learned about important challenges involved in testing for housing 

discrimination based on disability.38 

4.1 Designing Tests to Detect Discrimination Based on Different Types of Disabilities 

Different types of disabilities present different challenges for designing and conducting 

tests. In DDS, the Urban Institute developed and implemented tests for discrimination against 

persons with mental illness, persons with cognitive or developmental disabilities, persons who 

are deaf or hard of hearing, persons who are blind, and persons with mobility impairments. This 

experience can provide a starting point for local organizations as they tailor testing strategies to 

particular types of disabilities and to particular discrimination issues arising from complaints or 

other information about local market practices. 

Testing for Discrimination against Persons with Mental Disabilities. DDS experimented 

with three testing scenarios for measuring discrimination against persons with mental 

disabilities. Two of these scenarios involved persons with mental illness and/or cognitive 

disabilities acting as testers, while one relied upon non-disabled testers who posed as proxies 

for disabled homeseekers. 

One of the central challenges for this testing was how the disabled tester would disclose 

the fact of his or her mental illness relatively early, but in a credible way. The expert advisors 

generally agreed that most persons with mental illness would only disclose this fact for a 

specific reason. Testers needing a credible reason to reveal such a disability might find one in a 

scenario involving an impending release from a group home for persons with mental illness (and 

subsequent lack of rental history). Therefore, in each of these tests, the disabled tester visited a 

rental office in person, indicating that he or she had a mental illness, would soon be released 

from a group home and therefore had no rental history or current landlord references. The nondisabled partner also indicated a lack of rental history for some credible reason, such as having 

just graduated from college or having been living abroad. As discussed in Chapter 3, this is just 

one example of a credible strategy for ensuring that housing providers are aware of a tester’s 

mental disability. 

38 A complete set of protocols and tester instructions for the exploratory phase can be found in Annex B. 

23 
Discrimination Against Persons with Disabilities: Testing Guidance for Practitioners 

The project also experimented with the use of non-disabled proxies posing as caseworkers inquiring on behalf of disabled homeseekers. Specifically, a non-disabled person 

posing as the case-worker for a developmentally or cognitively disabled person would telephone 

a rental housing provider to inquire about housing availability for his or her client. In these tests, 

the non-disabled homeseeker was also represented by a telephone proxy. For example, the 

caller might say “my brother will be moving here in a month, and I’m checking out possible 

apartments for him.” This approach represents a feasible strategy for avoiding some of the 

challenges of working with testers who have mental disabilities. However, it loses some of the 

narrative power of conventional paired testing, and because it does not rely upon persons with 

disabilities to act as testers on their own behalf, may be objectionable to some advocacy 

organizations. 

Testing for Discrimination Against Persons Who Are Deaf or Hard of Hearing. DDS 

implemented two testing scenarios that focused on discrimination against homeseekers who 

were deaf or hard of hearing. The first scenario focused on differential treatment against 

persons with hearing or communications disabilities who rely on TTY telephone services. 

Specifically, the disabled tester used a TTY telephone and relay operator to call a rental agent 

to inquire about available units. The non-disabled tester made a comparable inquiry by 

telephone. 

A TTY system connects a deaf or hard of hearing person, or person with a severe 

speech impediment, through a TTY (teletypewriter), to an operator who also has a TTY. In 

these tests, the tester types a message to a housing provider that is received by the operator as 

printed words on the TTY. The relay operator calls the housing provider by phone, explains the 

TTY process, and reads the tester’s typed message to the housing provider. As the housing 

provider responds verbally, the operator types the response into the TTY, which is received by 

the tester, who then types a response. A print record is made of all TTY conversations, which is 

incorporated into the test report form as a complete narrative of the call. The non-disabled 

tester also placed a phone call to the housing provider, asking about the same advertised unit, 

and conducting a full telephone test, without, of course, an intermediary. The experiences of 

the two testers were compared on all of the indicators for differential treatment. 

 TTY communications are used routinely by people with disabilities to place business 

and personal phone calls and are becoming even easier to access through personal computers 

and hand-held devices. A refusal to deal with a person who uses an alternative form of 

communication is a direct form of discrimination; providing information that is different in 

content, quality, or quantity to a caller who uses a TTY in comparison to a caller who 

communicates verbally may also be considered unequal treatment. 

TTY testing confronted one challenge: in some cases rental sites used answering 

machines or other screening devices to determine whether to accept a call. The project 

instructed the deaf tester to have the operator say that the call was about the apartment ad, or 

24 
Discrimination Against Persons with Disabilities: Testing Guidance for Practitioners 

similar statements. When answering machines were used, TTY operators were instructed by 

the tester to leave a message requesting a return call through the operator. 

The project found the TTY testing 

scenario to be an inexpensive and effective When a deaf tester called the housing provider 

testing strategy. The results were reliably using the TTY service, the call was answered by 

captured through an independently produced an answering machine. The relay operator left a 

record of the conversation for half of each message saying that he was interested in a twotester pair, which avoids controversy over bedroom apartment and asking the housing 

what was said by whom for at least that half provider to call the tester back. The tester then 

of the test. This type of testing can be asked the relay operator to call a second 

completed quite quickly and cost-effectively, number that was listed in the advertisement. 

and can span a very wide geographic area, This time, the call was answered by a man. The 

because it does not require testers to travel tester typed “good morning, my name is 

around the metropolitan area to meet with _________ and I am interested in the twohousing providers in person. Moreover, bedroom apartment. Is it available?” As he was 

relay operators provide customers with a typing this message, the relay operator was 

verbatim report on each telephone call, explaining to the housing provider that the call 

providing an independent narrative of what was being placed by a deaf person using a relay 

occurred in the disabled portion of each test. service. The housing provider then hung up. 

An alternative strategy involved in- Because the relay operator wasn’t sure if the 

person visits by testers who were deaf or housing provider had hung up or if the service 

hard of hearing. A deaf tester who also had had been disconnected, the tester asked her to 

difficulty speaking understandably would visit call again and to explain that he was deaf and 

a rental office in person to inquire about that he was calling about the apartment for rent. 

available housing. He or she used notes to As the relay operator was speaking to the 

housing provider, the housing provider said, communicate with the landlord or rental 

agent. The non-disabled tester also visited “Hey, stop calling me, son of a bitch, will you?” 

in person, simply making the standard rental and hung up again. 

housing inquiries. This approach proved to be both feasible and credible. However, deaf 

testers were not able to access rental housing that contained an intercom/buzzer entry system. 

In addition, the note-writing process was often time consuming and awkward, both for housing 

providers and testers. An alternative approach, that was not implemented, would be to send 

testers who are deaf or hard of hearing to meet with housing providers accompanied by a sign 

language interpreter. Although this would raise the cost of testing, it would ensure that 

differences in treatment between disabled and non-disabled testers could be clearly attributed to 

disability, rather than to the time-consuming nature of the note-writing process. 

Testing for Discrimination Against Persons Who Are Blind or Visually Impaired. The 

project implemented two in-person testing scenarios to capture discrimination against 

homeseekers who are blind or visually impaired. The first focused on discrimination against 

persons using assistance animals. A tester who was blind and accompanied by a guide dog 

25 
Discrimination Against Persons with Disabilities: Testing Guidance for Practitioners 

visited a rental office in person to inquire about available housing. Testers visited apartments 

that both had and did not have a “no pets policy” and the blind tester asked specifically about 

any restrictions on the guide dog regardless of policy. The non-disabled tester also visited in 

person, making the standard rental housing inquiries, without any mention of a pet. This 

experience indicated that the approach is clearly feasible, and that it can effectively capture both 

differential treatment on the basis of disability and refusal to make a reasonable 

accommodation. However, this approach may need follow-up inquiries to obtain a definitive 

answer about limitations or fees associated with the assistance animal. In addition, testers 

sometimes had difficulty finding the front door or gaining access to rental properties or 

management offices, and sometimes had to seek assistance from bystanders. Therefore, it 

might make sense to send testers to their assignments with someone who would provide 

transportation and will help them gain entrance, but who would not accompany them during the 

test. 

The second scenario in this category also focused on both differential treatment and 

refusal to make reasonable accommodation, but eliminated the companion animal as a factor. 

Specifically, a tester who was blind or visually impaired visited a rental office in person to inquire 

about the availability of housing. At the end of the visit, he or she asked the agent to read the 

application form aloud so that he or she would know what information and documentation would 

be needed in order to complete an application.

39 The non-disabled tester also visited in person, 

making the standard rental housing inquiries and asking to review the application form at the 

end of the visit (if it had not already been offered). 

Testing for Discrimination Against Persons with Mobility Impairments. Testing for 

discrimination against persons with mobility impairments is more complex and challenging than 

one might at first think, because the accessibility of rental properties varies (depending in part 

upon structure type and when they were built), and because the kinds of modification a disabled 

homeseeker might reasonably request depends upon the characteristics of the property and the 

unit. DDS experimented with two testing scenarios designed to capture different forms of 

discrimination against persons with mobility impairments who are seeking housing in the rental 

market. The first scenario involved in-person testing by individuals using wheelchairs, in order 

to capture both differential treatment and refusal to permit reasonable unit modification. Both 

the wheelchair user and the nondisabled tester visited rental properties to inquire about 

available units. Once this basic inquiry was complete, the tester with a disability also inquired 

about modification and/or accommodation. Issues associated with the accessibility of rental 

properties, reasonable modification requests, and reasonable accommodation requests are all 

discussed further below. 

39 If written application forms were not used by a sampled housing provider, testers asked for a list of what 

information and documentation they would need to provide, and no data on reasonable accommodations was 

recorded. 

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Discrimination Against Persons with Disabilities: Testing Guidance for Practitioners 

Finally, DDS experimented with tests that focused on the willingness of rental housing 

providers to make reasonable parking accommodation for persons with mobility impairments. 

This scenario was non-paired, and therefore did not capture differential treatment. Instead, a 

tester posing as a disabled homeseeker telephoned a rental office to inquire about available 

units and indicating that, due to a mobility impairment, he or she would need a designated 

handicapped-accessible parking space near the rental unit. 

4.2 Selecting Test Sites 

Because the goal of research testing is to rigorously measure how often discrimination 

occurs in the marketplace, sampling for all phases of DDS was based on a systematic design. 

For most of the testing, the universe for testing was defined as housing units advertised as 

available for rent, excluding luxury rentals, publicly subsidized properties, and units restricted to 

elderly tenants. It included all other rental units (within specified geographic areas) advertised 

in one or more publicly available source. Advertisements for available rental housing were 

randomly selected from a variety of advertising sources, including the major daily papers, local 

community papers, and rental guides. In addition, we experimented with adaptations to this 

basic sampling methodology to target special segments of the rental housing market—senior 

housing and properties subsidized under the Low-Income Housing Tax Credit (LIHTC) program. 

For enforcement testing purposes, other strategies may be used to identify test sites and 

the universe may be much broader. Potential targets cover the entire spectrum of rental 

housing, from housing units available at a wide range of prices and locations, owner-occupied 

rental properties, luxury rentals, publicly subsidized properties, and units restricted to elderly or 

disabled tenants. Properties may be rented by large management companies, on-site 

managers, housing authorities or other public or quasi-public entities, and individual owners who 

lease, or sublease units. Depending upon the purpose of the testing, it may make sense to 

target properties even when there are no units immediately available. 

Site Accessibility. One of the most significant challenges for disability testing is 

determining whether the property is accessible enough to people with mobility disabilities so it 

can be tested by disabled testers. If a private market property is built for first occupancy before 

1991 and not covered by design and construction requirements, it is likely to be inaccessible in 

some or many respects. 40 Whether the property is accessible enough to provide some access 

to a tester with a physical disability is a significant factor in whether or not the property can be 

tested by a tester who uses a wheelchair or has significant mobility impairments. Where testing 

is being conducted to examine treatment of mobility disabled individuals, whether it is testing for 

40 Multifamily housing is covered by the Fair Housing Act’s design and construction requirements if it is 

designed and constructed for first occupancy after March 13, 1991. The access requirements apply to buildings that 

contain four or more dwelling units. If there is an elevator in the building, all units are covered. If there is no elevator 

in the building, only the ground floor units are covered. 42 U.S.C. 3604(f)(3)(C ), 24 CFR 100.205. 

27 
Discrimination Against Persons with Disabilities: Testing Guidance for Practitioners 

differential treatment, reasonable accommodation, or reasonable modification, it may be 

necessary to use proxy testers for properties that are not accessible. 

DDS sought to test the broadest range of rental housing options, but in order to include 

older housing—which was more likely to be inaccessible—a strategy was needed to identify 

inaccessible properties prior to conducting tests. Therefore, project staff used a drive-by survey 

to determine whether a property was accessible, before using it as a test site. A short 

accessibility checklist was developed to document site accessibility, which staff determined, to 

the extent possible, after driving or walking by a test site (a copy of the accessibility checklist is 

attached as Annex E). If a building was found to be inaccessible, the site was not included in 

the study sample. 

For enforcement testing, information collected through use of such a checklist could 

potentially be used for follow-up design and construction testing or for other enforcement 

activities. Information about external barriers where a modification may be appropriately 

requested may also be available from potential complainants who are familiar with the property. 

Limited reasonable modification testing using physically disabled testers to recently constructed 

multifamily housing may also be considered, but even some of that housing may not necessarily 

be accessible, either because the property does not comply with the requirements or because it 

contains multistory townhouses, which are not covered by the Fair Housing Act’s design and 

construction requirements. Some of these issues can be avoided if testing is designed to 

identify design and construction violations in addition to testing for other forms of disability 

discrimination. If a property is covered by design and construction requirements, test report 

forms could be constructed that would include accessibility features. If design and construction 

testing is merged into tests checking for other forms of disability discrimination, however, it still 

may be necessary for non-disabled testers to evaluate the property for compliance, since noncompliant features may block access for disabled testers. 

Subsidized Housing Sites. Although the project focused primarily on unsubsidized, 

private market housing, it also explored the feasibility of testing for discrimination by federally 

subsidized housing providers. In some cases, federal laws place more obligations on federally 

funded housing than on conventional private housing. However, targeting subsidized sites may 

require some adaptations to testing strategies, in order to meet eligibility requirements, adhere 

to special application procedures, or handle the likelihood of waiting lists for available units. 

Because a substantial proportion of persons with disabilities have low- to moderateincomes, rental testing for discrimination based on disability may focus on housing developed 

under the federal Low-Income Housing Tax Credit Program or other federal subsidy programs 

that require successful applicants to have incomes under specified limits. These developments 

are often advertised in local sources, sometimes with an indication of income eligibility limits. 

However, income targets vary by site and funding source, and the number of vacancies per 

income group might be difficult to ascertain. Should tester profiles not meet the qualifications 

for units that are vacant at the time of the test, income factors could result in differential 

28 
Discrimination Against Persons with Disabilities: Testing Guidance for Practitioners 

treatment without consideration of disability. In such a situation, issues of income eligibility 

could cloud the tests, making the data on some tests unusable for consideration of disability 

discrimination. 

In some communities, most of the subsidized rental inventory is public housing and/or 

privately owned HUD- or USDA-subsidized developments. The Fair Housing Act imposes the 

same obligations on these developments as on private market housing, but in addition, HUDsubsidized housing providers have affirmative obligations to make their programs accessible 

and available to persons with disabilities. Many such properties have some fully accessible 

units. Because of the application of Section 504 of the 1973 Rehabilitation Act, subsidized 

housing providers are obligated to make and pay for structural modification, unlike the obligation 

of private housing providers to permit reasonable modification made and paid for by an 

occupant or potential occupant. Testing may be designed to explicitly target subsidized 

housing, focusing exclusively on the experiences persons with disabilities face when they apply 

to live in these developments. Whether a tester is given a priority for a fully accessible unit or 

permitted to move into a unit that is not accessible, with modification paid for and provided by 

the housing provider might require a different testing methodology than that used in the private 

housing market. 

Because the process of applying for subsidized housing is so different from the process 

of inquiring about the availability of housing in the private market, special considerations apply. 

The first is the identification of the type of subsidized housing to include in the study: public 

housing, elderly and disabled public housing, Section 8 developments, rural rental housing 

funded by USDA, etc. While each of these segments of the subsidized housing market present 

certain challenges in common, they also present unique challenges that might not allow for one 

approach to work across HUD-subsidized properties, such as differences in eligibility criteria or 

differences in the way in which a prospective tenant applies for housing. 

Applicants for some subsidized housing need to be certified as eligible for the housing 

through a process that may not occur on site. Developing tester profiles that would meet 

eligibility criteria is not difficult once such criteria are known; however, receiving certification of 

eligibility necessitates working with the certifying agency. One way to establish income limits 

and other constraints is through advance phone calls to a targeted property. Federal agencies, 

such as HUD’s Office of Housing, may be able to provide information about whether a particular 

property is subsidized. A recent addition to HUD’s website is an updated list of low income tax 

credit properties listed by geographic location and street address.41 

41 A searchable database permitting identification of projects funded through the low income tax credit 

program and placed into service through 2001 is available at http://lihtc.huduser.org. It permits searches by city or 

county, by whether the property is newly constructed, a rehab project, or an existing property, by street address, and 

by the number of low income units provided at a site. The site also includes general information about income 

eligibility standards. 

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Discrimination Against Persons with Disabilities: Testing Guidance for Practitioners 

Many subsidized housing developments have long waiting lists for units and that fact can 

be determined through advance calls. Testing strategies can be adapted to measure access to 

the waiting list rather than immediate availability of housing. Requests for accommodation and 

modification can still be made and the responses examined, even if a unit is not currently 

available. Unequal treatment that disadvantages people with disabilities may be captured on 

issues such as waiting list access, accessibility to offices and application assistance, treatment 

of people with disabilities, and the type and location of units identified during the process. 

Housing with restricted eligibility. Typical housing choices for people with disabilities 

include housing with limited occupancy requirements. Such housing may range from rental 

housing that require residents to have a particular disability, such as chronic mental illness or a 

physical disability, in order to live in the property, to age-restricted housing where successful 

applicants must be 55 years of age or older, 62 or older, or meet other age requirements. 

These factors must be identified before a test is conducted, so tester profiles match the 

characteristics that are required for admission. 

An issue that is receiving increased attention in fair housing cases occurs when 

retirement housing, nursing homes, senior housing, or other similar types of housing apply 

policies or practices which discriminate against otherwise eligible residents or applicants 

because they have or may have a disability.42 Manifestations of this issue are the imposition of 

a requirement that people with disabilities be capable of living independently, a requirement that 

residents or applicants not use a wheelchair, or requirements that residents or applicants not 

have a disability. 

In the exploratory phase of the project, some tests were conducted of elderly-only 

housing. The project encountered some difficulty with locating sufficient numbers of properties 

that served the elderly, including low-income tax credit properties, that advertised in local media 

outlets and that did not have waiting lists or certification procedures, which would make testing 

difficult. In some communities this may not be a problem. In addition, many of the rental 

properties that housed seniors were subsidized housing, or, in one market, mobile homes. 

Mobile homes were not included in the housing tested for this project. Private market apartment 

rental housing for seniors was available only in limited numbers and was often tied to the 

provision of services, and for a variety of reasons, that type of housing was also not tested for 

this project. Advance calls were used to identify age, income, and other restrictions in advance 

of the tests to determine appropriateness for use as a test site. 

42 For a comprehensive overview of the rights of seniors with disabilities, see R. Schwemm and M. Allen, For 

the Rest of Their Lives: Seniors and the Fair Housing Act, 90 Iowa L. Rev. 121 (2004). See “Florida Man Staves Off 

Eviction,” http://www.bazelon.org/newsroom/11-10-03flfairhousing.htm and see M. Allen, “Preserving Elders' Housing 

Rights”, Trial Magazine, http://www.bazelon.org/issues/housing/articles/10-03trial.htm. See also, Fact Sheet, “The 

Illegality of independent Living Requirements in Rental Housing, Assisted Living Centers and Continuing Care 

Retirement Communities,” Bazelon Mental Health Law Center, 

http://www.bazelon.org/issues/housing/infosheets/independentliving.htm. 

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Discrimination Against Persons with Disabilities: Testing Guidance for Practitioners 

Some rental housing limits eligibility, as a function of statute or policy, to persons who 

are above a certain age. In such housing, testers who are younger than the specified age will 

be considered ineligible, regardless of disability status. In addition, wide disparities in ages 

could result in consideration of age as a factor in treatment of the testers, and age 

discrimination in housing does not violate the Fair Housing Act.43 When testing projects that are 

operated for older persons, such as retirement rental housing or federally subsidized housing 

requiring heads of households to be at least a particular age, both matched pair testers 

appeared to be at least that age, and they indicated that they were at least of that age. 

4.3 Testing for Different Types of Discrimination 

After deciding on which disability type to focus, determining the type of discrimination to 

test for is one of the first decisions to make when developing a disability testing strategy— 

differential treatment, reasonable accommodation, or reasonable modification. Testing for 

disability discrimination requires significantly different test structures to capture the different 

forms of discrimination. Focusing on differential treatment alone will not capture denials of 

reasonable accommodation and modification, nor will focusing narrowly on denials of 

reasonable accommodation and modification capture whether or not differential treatment has 

occurred. In DDS, we found that it was possible to develop testing strategies that could 

document each of these types of discrimination. This does not mean that every test necessarily 

needs to address all three types. Sometimes, it may make more sense to focus a single test (or 

a series of tests) on a single form of discrimination. 

The project found that disability testing could assess differential treatment in rental 

housing transactions and that the tests are relatively straightforward once the type of disability is 

selected. Differential treatment tests can be conducted in-person or by telephone; both 

approaches offer advantages and disadvantages. 

In-person Testing. Testing is often, but not always, conducted in person so that 

individual characteristics of the tester can be observed by the housing provider. There were two 

particular challenges identified in DDS when using disabled testers for in-person tests— 

transportation to the test sites and access to the property and/or unit. 

Although some disabled testers had their own transportation and drivers, other testers 

needed a vehicle, and sometimes a driver, to reach test sites. Routes for public buses, which 

some testers with disabilities ordinarily use, did not reach all test sites. Taxicabs and paratransit 

transportation, whether private or public, were expensive, and paratransit was not always 

available on a schedule consistent with test assignments. These difficulties suggest that test 

planning should include planning transportation for testers where travel to test sites will be a 

43 Although discrimination based on age does not violate the Fair Housing Act, it may violate state or local 

law. In addition, federal law prohibits age discrimination by recipients of federal funding through the provision of the 

Age Discrimination Act of 1975. See 24 CFR Part 146. 

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Discrimination Against Persons with Disabilities: Testing Guidance for Practitioners 

challenge. For individual tests, this will not be a significant burden, but for audits or multiple 

tests using testers who do not have personal transportation resources, special arrangements, 

for example, a contract with transportation services like private paratransit or taxicabs, may be 

necessary. Payment for transportation expenses, such as taxis or paratransit transport or driver 

reimbursement, could be a significant additional cost in a testing project. 

As discussed earlier, if testing is conducted across the rental market, a significant 

number of test sites may be inaccessible to testers with physical disabilities. Other challenges 

to conducting in-person tests faced persons who had disabilities other than mobility 

impairments. Blind testers, who went on test visits unaccompanied (except for their guide dog), 

sometimes had difficulty finding the test site. Use of a companion or driver who could locate the 

site and assist with access into a property may be necessary for some tests. Deaf testers also 

faced difficulties accessing apartment buildings with intercom and buzzer entry systems. In 

addition, when calls for appointments had to be made prior to a site visit, the local test 

coordinator or other staff member had to act on behalf of the tester, posing as a friend or family 

member (but without disclosing the tester’s disability) in order to set those appointments up. 

Telephone Testing. In disability testing, telephone testing can be used if the fact of 

disability is inserted into the phone inquiry or if it is apparent from the content of the call. 

Telephone testing was successfully used in two paired scenarios in DDS. In one, testers posed 

as case workers for persons with cognitive disabilities and were matched with a non-disabled 

person calling on behalf of a friend. We found this scenario to be realistic in that it is common 

for preliminary information about rental units to come through an initial telephone call, and a 

case worker might realistically make such a call for information. The second telephone test 

scenario was a matched pair in which deaf testers called the housing providers using a 

TTY/relay operator system while their tester partner made the same call using a conventional 

telephone. 

Telephone testing has some significant advantages over in-person testing. A wider 

geographic area can be covered and multiple tests can be conducted during a short time period, 

making it relatively inexpensive. However, because telephone calls are generally brief, they do 

not offer the opportunity to capture as much information about differential treatment as in person 

tests. For example, tests conducted over the telephone do not include inspection of units, often 

a significant treatment indicator. 

Matched Pair Testing. The most typical testing methodology uses matched pair testers 

and, by their very nature, differential treatment tests must use matched pair testers. In DDS, 

only one testing scenario was non-paired (telephone tests for reasonable accommodation). In 

classic matched pair testing, two individuals are matched in all characteristics other than the 

characteristic that may be the subject of the testing. So a typical matched pair test for disability 

will have testers of the same race or ethnicity, gender, and perceived age, who seek similar 

sized and priced rental units, have similar needs for availability, seek similar amenities, have 

similar incomes and backgrounds, and similar family compositions. The one difference will be 

32 
Discrimination Against Persons with Disabilities: Testing Guidance for Practitioners 

the presence or lack of presence of the disability that is the focus of the test. It is not unusual for 

testers to pose as someone with entirely different characteristics than they actually possess. 

Testers thus pose as home seekers with certain characteristics, and matched pair testers pose 

as people with matched characteristics in every relevant area except for the protected-class 

status that is the focus of the tests. Testers’ incomes and other personal characteristics are 

also developed to be consistent with likely applicants for a particular property. Testers pose as 

persons with high incomes for expensive rental housing and moderate incomes for moderately 

priced housing. 

DDS Matched pair testing in this 

project posed some challenges. A When a tester with a mental illness told the 

typical matched pair test might match a housing provider that he did not have a rental 

male disabled tester using a wheelchair history, he was told that he would be required to 

with a non-disabled male tester. In get a letter from the group home where he 

matched pair testing using a proxy for a currently resides stating that they would be 

disabled tester, the second tester was responsible for paying the rent if the tester failed 

to do so. matched to the circumstances described 

by the proxy. For example, in a test that had a non-disabled person posing as a case manager 

who inquired about the availability of an apartment for a person who was cognitively disabled, 

the matched tester posed as a local person inquiring about an apartment for a family member 

who lived elsewhere or who was not able to call himself. In testing based on mental disability, 

the disabled tester, who lacked a rental history due to institutionalization, was matched with a 

tester who also lacked a rental history, perhaps because of being a recent college graduate or 

having lived abroad. 

Tests for Reasonable Accommodation and Modification. Although all but one of our 

testing scenarios for DDS were conducted using matched pairs, paired tests are not required if 

the focus is exclusively on reasonable accommodation and/or modification issues. Many of the 

strategies used in our paired testing could be applied in non-paired testing as well. For 

example, hearing impaired testers could use the TTY systems to inquire about a landlord’s 

willingness to install flashing lights for doorbells and/or fire alarms, and wheelchair users could 

visit properties in-person to request reasonable unit modification. A single tester can also be 

used to determine whether a property complies with the design and construction requirements 

of the Fair Housing Act. 

Reasonable Modification Tests. The requests for structural modification made by 

testers need to vary significantly based on the physical structure of each property tested. While 

testers could be assigned to ask for only one type of modification, for example, the installation of 

grab bars in a bathroom, such a request might not be the most credible if there were several 

other obvious modifications that would need to be made before a tester could enter the 

bathroom. 

33 
Discrimination Against Persons with Disabilities: Testing Guidance for Practitioners 

Relying on non-disabled testers who visited the property first to suggest a possible 

modification did not always work well, because those testers did not always observe all of the 

possible barriers to a person with a disability, and they did not always inspect the same unit or 

units that were shown later to a disabled tester. The project also found that letting a tester with 

a disability select the requested modification could result in requests that were haphazard and 

sometimes resulted in multiple modification requests made during the same test. 

In response to this problem, researchers developed a hierarchy of modification requests. 

The hierarchy included possible structural modifications based on the order in which they were 

likely to be encountered during an on-site inspection. All involved an individual unit and not any 

common areas. Testers were Example 1: allowed to ask for only one 

category of modification (e.g., When a physically disabled tester asked to modify 

modify the entryway), but could the bathroom door, she was told “no, because you would 

request more than one modification leave and I would be stuck with the door.” Later, the 

within certain categories, if housing provider stated, “you would be better off buying 

appropriate. For example, a tester my house. It would be more accessible for you.” He then 

could request that grab bars be proceeded to tell the tester the price and location of his 

installed around the toilet and that house. 

cabinets under the bathroom sink Example 2: 

be removed. 

A disabled tester wrote in her narrative “I could not 

1) Modify the unit entryway - get into the doorway because the entry was too small and 

widen the doorway, remove there was a noticeable drop. I asked him if I could make 

the threshold, install a ramp, modifications. He looked at me and said, ‘this apartment 

or reverse swing of door. is not for you.’ He stopped talking to me and walked me 

2) Modify the bathroom - to the door.” 

widen doorway, remove Example 3: 

cabinets under sink, install 

grab bars around toilet. When a disabled tester asked if he could install a 

ramp into the unit, he was told by the housing provider 

3) Modify switches - lower that if he were a current tenant and he had an accident 

thermostat controls, lower that subsequently required a ramp, then they would be 

light switches. required to put one in. The tester was then told that he 

4) Modify door handles - would have to be put on a waiting list for a more 

change doorknobs to levers. accessible unit. 

Other modification requests not included in the hierarchy could include lowering kitchen 

countertops, widening bedroom doors, or installing grab bars at tub or shower. 

The modification request list generally worked well, although it appeared that some 

testers did not follow the precise order of the modification requests, perhaps because they 

identified a need for a modification that was lower on the list before they identified a need for a 

34 
Discrimination Against Persons with Disabilities: Testing Guidance for Practitioners 

modification that was higher on the list. Some of the alterations discussed with the expert 

advisors were not included in the hierarchy of modification requests because it was not clear 

whether they would be considered to be accommodation or modification. Among those not 

included were curb cuts associated with handicapped parking spaces and lowered peepholes 

on unit entry doors. 

Although DDS used the modification hierarchy for research testing, the value of this 

hierarchy for enforcement testing would be limited. If a person with a disability has been 

refused a reasonable modification and complains to a fair housing organization or fair housing 

enforcement agency, there may be no evidentiary need for a follow-up test to confirm the 

refusal. The housing provider may willingly admit that it refused the modification or the refusal 

may be in writing. Practitioners should carefully assess whether a follow-up test is needed. If a 

follow-up test is needed, the requested modification should be tailored to the original request 

and the modification hierarchy is irrelevant. 

Although DDS used the modification hierarchy only for private market rentals, it could 

work equally well for federally subsidized properties. Note, however, if a property were funded 

with federal financial assistance and therefore covered by Section 504, a requested modification 

would be treated as a request for a reasonable accommodation and the provider would be 

obligated to make and pay for the request unless an undue financial and administrative burden, 

or a fundamental alteration of the provider’s program. 

One DDS scenario tested the availability of flashing lights added to doorbells so that 

they were usable by deaf or hearing-impaired people. Testers were instructed to request the 

lights, and indicate if asked, that they would pay for them. For purposes of this testing, DDS 

considered denial of the request for the lights to be a violation. This testing strategy, therefore, 

could be used in both private market and federally subsidized housing, with the application of 

the two laws determining whether the response violated neither, both, or only one. 

DDS did not assign testers to request modification to building entryways. However, a 

testing effort to examine responses to reasonable modification requests targeting the exterior of 

a building could structure requests around the placement of a ramp, the widening of doorways, 

or the replacement of gates at various sites in the common areas, like swimming pools, laundry 

rooms or clubhouses. If modification is requested for the exterior of units, there are different 

requirements in the law for those areas. Such modification is not required to be removed when 

a resident vacates the property, and a deposit to pay for the cost of removal or restoration 

cannot be required. In contrast, approval of modification to the interior of a dwelling unit may be 

conditioned on an agreement to restore the property to its original condition when the resident 

vacates, and a charge may be imposed to cover the cost of the restoration. Test results should 

be reviewed accordingly. 

Reasonable Accommodation Tests. In planning reasonable accommodation tests, the 

project considered and experimented with a number of alternatives. Because the project used 

testers of different disability types, the type of accommodation that could be reasonably 

35 
Discrimination Against Persons with Disabilities: Testing Guidance for Practitioners 

requested varied, since the requested accommodation should be one that was needed by a 

person with that disability. Types of accommodation were suggested by the project’s expert 

advisory group and drawn from Fair Housing Act regulations and cases. Accommodation 

requests were generally not expensive or time consuming to provide in order to avoid dispute 

over whether a particular accommodation was reasonable or not. 

Two types of accommodation for vision-impaired testers were sought: that a housing 

provider read an application and that a housing provider would make an accommodation for a 

guide dog. Reading the application was considered to be a no-cost accommodation that would 

require a minimal amount of time to provide. A refusal was considered to be a clear denial of 

the accommodation. It was less clear that the accommodation was refused when the 

application was read only in part or summarized. 

This project elected to conduct testing with blind and vision impaired testers who used a 

guide dog because it seemed to raise the fewest legal and practical issues and the least 

controversy. Test results showed a variety of reactions to the requested assistance animal 

accommodation, including outright rejection, requirements of additional deposits, training, or 

other restrictions. Imposition of such requirements on an animal that is used by a person with a 

disability violates the Act. However, the range of possible responses made tester training and 

instruction difficult. If approval was denied or conditioned, the analysis was easier, although 

there were many ways in which approval could be conditioned. If the response was ambiguous, 

or required consultation with others, testers were instructed to make follow up calls to the 

housing provider to seek final approval. Again, delays and some responses were ambiguous, 

which made them difficult to quantify. A failure to respond, a continued ambiguous response, or 

a delay of more than 24 hours after a follow up call to approve the request was considered to be 

a denial. The project learned that it was important to train testers to ask a series of questions 

that would pursue a complete answer to the requested accommodation. 

Enforcement testing for reasonable accommodation requests is of limited value. If a 

person with a disability has been refused a reasonable accommodation and complains to a fair 

housing organization or fair housing enforcement agency, there may be no evidentiary need for 

a follow-up test to confirm the refusal. The housing provider may willingly admit that it refused 

the accommodation or the refusal may be in writing. Practitioners should carefully assess 

whether a follow-up test is needed. If a follow-up test is needed, the requested accommodation 

should be tailored to the original request. Further, the interactive dialogue that should take 

place between a housing provider and a person with a disability requesting a reasonable 

accommodation will be difficult to replicate in an enforcement context. Reasonable 

accommodations are specific to the person with a disability and the discussion about how to 

meet the person’s need for an accommodation is by nature individualized. 

Physical Disability Accommodation. In this project, the reasonable accommodation 

sought for physically disabled testers was whether or not a physically disabled person would 

36 
Discrimination Against Persons with Disabilities: Testing Guidance for Practitioners 

have available to them a handicapped parking space. This kind of request is one of the most 

frequently requested types of accommodation by actual renters. 

A challenge to structuring a testing strategy for a handicapped parking space request is 

to define the accommodation clearly. A person with a disability could need any of the following 

types of accommodation: a regular parking space that is designated for that person, a regular 

parking space that is designated for that person located near the available unit, a handicapped 

parking space, a handicapped parking space in close proximity to the unit, a handicapped 

parking space designated for that person’s exclusive use, a handicapped parking space that is 

wide enough to accommodate a van, or other options related to parking in garages or carports. 

The project learned that it was important for testers to make a specific request for one of 

these types of parking accommodation, rather than generally asking for a handicapped parking 

space, because of the range of responses that a general request received. In the exploratory 

testing, the project tried several ways of making the request for a handicapped parking space. 

Initial consideration was given to requesting a designated parking space for the exclusive use of 

the disabled tester. This example, while based on an example given in the Fair Housing Act 

regulations, was not considered likely to be the first accommodation that normally would be 

requested. Instead, during the pilot phase, testers were instructed to first request a 

handicapped-accessible parking space. If the request was denied, the inquiry halted. If there 

was a favorable or ambiguous response, the tester was instructed to ask for a handicappedaccessible parking space near the unit or near the entrance closest to the available unit. If that 

request was denied, the inquiry halted. If the response was favorable or ambiguous, the tester 

was instructed to request that the space be designated for his or her exclusive use. 

The inquiries by testers resulted in a range of responses. The request was outright 

accepted or denied or offered only with conditions, such as a fee. Testers often received a 

vague response such as “we might be able to work something out.” The request might be 

countered with some other offer, such as offering the tester a parking space at another location. 

Although this counter offer would likely violate the Act, since it is the requested accommodation 

that must be provided unless there is an undue hardship relating to making the requested 

accommodation, it was difficult to train testers to respond consistently using the established 

protocol. 

The test report form contained a range of selections for testers with disabilities to record 

the response of a housing provider to the parking accommodation request. Testers sometimes 

found it hard to remember which specific request they were to make, and the variety of answers 

that were given in different tests made quantification of results difficult. This is less likely to be a 

problem in individual enforcement tests tied to particular situations. 

Deaf or Hard of Hearing Accommodation. Tests requesting accommodation for people 

who are deaf or hard of hearing involved two types of accommodation. In an on-site test, deaf 

testers communicated with rental agents through use of notes, implicitly requesting that form of 

communication as an accommodation. In addition, deaf testers requested flashing lights for 

37 
Discrimination Against Persons with Disabilities: Testing Guidance for Practitioners 

doorbells or fire alarms.44 Use of notes to communicate raised several concerns. It was difficult 

to quantify the way in which rental agents responded to this request, if they did not outright 

refuse to communicate by notes. If less information was provided, it was not clear whether the 

agents who provided less information to a deaf tester were doing so because of the mode of 

communication or because they were discouraging the deaf tester. If information was 

summarized, and not conveyed accurately or completely, the result appeared as differential 

treatment when a non-disabled tester was given more information. Differential treatment 

analysis in these tests was difficult as a result. Use of deaf testers with lip reading skills, or who 

were accompanied by a sign language interpreter, could avoid this problem, but increases the 

difficulty in recruiting suitable testers and the cost of the test. 

Mental Disability Accommodation. None of the project’s testing scenarios for persons 

with a mental disability involved a request for an accommodation. The test scenario using 

testers with mental illness was a matched pair test focusing on differential treatment in which 

both testers lacked a rental history, though for different reasons.45 The project considered 

accepting the absence of a rental history for a person with mental illness as a reasonable 

accommodation, but did not select that approach in the exploratory phase testing scenarios. 

That scenario could be used effectively in a non-paired reasonable accommodation research 

test, since needing an exception from the usual rule that applicants must provide landlord 

references is a reasonable accommodation, and one that was recommended by our expert 

advisory group. Other types of accommodation that could be used in reasonable 

accommodation research scenarios with testers with mental disabilities could include a request 

for a reminder of rent payment due dates, waiver of a rule against co-signers, approval of 

emotional support or companion animals, or making a request that a past negative incident be 

overlooked because it occurred for disability-related reasons which are no longer a factor in 

applicant conduct. 

44 As discussed in the text at fn. 48, supra, it is not clear under the law whether a request for the addition of 

flashing lights should be treated as a request for an accommodation or a request for a modification. 

45 See Annex B, Test Instructions, for a complete description of the testing scenarios for persons with mental 

disabilities. 

38 
Discrimination Against Persons with Disabilities: Testing Guidance for Practitioners 

5. TEST ANALYSIS AND USE 

Testing for the Disability Discrimination Study was designed with the goal of producing 

rigorous estimates of the extent and forms of discrimination against persons with disabilities. 

But of course, testing can serve other important purposes as well, including follow-up for 

individual discrimination complaints, investigation of potential discrimination by particular 

housing providers, and monitoring the practices of housing providers in a local market or submarket. This chapter discusses key issues involved in structuring tests for these different 

purposes and analyzing test results. 

5.1 Structuring Tests for Enforcement and Audits 

Enforcement tests are often used to gather evidence that may corroborate the 

experiences of a particular individual. Tests that are conducted in response to a particular set of 

information provided by a prospective complainant will likely be specifically tailored to those 

circumstances. Identical matches of testers to complainants are not necessary. If, for example, 

a bona fide applicant reports that she was turned away from a rental property because the 

landlord said he would not rent to a person in a wheelchair because he did not run a nursing 

home, one or more tests might be developed to gather information that would support or 

undermine that allegation. Such a test would likely not deal with issues of reasonable 

accommodation or reasonable modification, but would instead test only for treatment issues, 

and it would likely involve a tester who is in a wheelchair, who uses a walker or other mobility 

device. 

Organization of tests around particular situations may also include application testing 

when a current tenant encounters problems. For example, a current resident might state that he 

was denied permission to make the reasonable modification of the installation of a ramp. A 

tester posing as an applicant seeking a response to a request for the reasonable modification of 

the addition of a ramp at a dwelling or some other location might be appropriate if there was no 

other evidence of the original refusal. Tests in these types of circumstances may be used as 

evidence in a case filed by the initial complainant. There is long-established case law upholding 

the use of testing as evidence of discrimination. 

Audit based testing for discrimination, where there is no specific allegation of a type of 

discrimination, but a number of tests conducted to measure the nature and extent of housing 

discrimination, will require consideration of a number of factors. The limited audit-based testing 

on disability issues that has been reported to date typically tests for one type of discrimination, 

such as the reasonable accommodation of waiving a “no pet” policy to accommodate service 

animals. 

Audit based testing for reasonable modification in general will require consideration of 

the age and type of construction of each rental property to be tested, as the type of modification 

to be requested may vary from site to site. A typical modification request in a newly constructed 

39 
Discrimination Against Persons with Disabilities: Testing Guidance for Practitioners 

property that complies with Fair Housing Act design and construction requirements might be a 

request to add grab bars in a bathroom. Grab bar installation is not required by the Act’s design 

and construction requirements. In older properties, or properties which do not comply with 

design and construction standards, addition of a ramp at a unit, a rental office or a laundry room 

might be requested. The differences in the type of modification requested should not make a 

significant difference in an audit, as it is whether or not permission would be available to make a 

structural change at the expense of an applicant that is being examined. In addition, testers 

with a variety of physical disabilities can be used to conduct audit based tests of the 

modification issues, since it is not the individual disability that is a concern but the modification 

approval. Organizations planning audit based testing can also adapt and use the 

methodologies and resources used in this project for the research based components of 

telephone relay use or unequal treatment combined with reasonable modification requests tests. 

It requires some thought to structure an audit of reasonable accommodation issues 

because of the variety of ways an accommodation may be needed. The availability of 

handicapped parking spaces, designated spaces, and spaces near units as an accommodation 

could certainly be the subject of a series of tests, as they were in this project. As already noted, 

this project had some difficulties in structuring tests and training testers to ask for the same kind 

of parking accommodation in every test. Variables in this area included whether there are 

already handicapped parking spaces at the property being tested, whether those spaces are or 

are not near a particular unit that is available or likely to be available shortly, and whether or not 

there are physical changes, such as installation of a ramp, that might be necessary to provide 

access from handicapped parking spaces. Similarly, if a pool of testers who use service 

animals is available, testing for the accommodation of waiver of a “no pets’ policy could be used 

for audits. The most significant impediment to that strategy is the possible need to confirm in 

advance of a test whether or not there actually is a “no pets” policy. This information could be 

gathered during advance calls. 

Another audit strategy, where statistical reliability or aggregation of a large number of 

test results is not important, is to use testers with a variety of disabilities and test for a variety of 

types of treatment. An audit of 40 tests might have twenty reasonable accommodation tests 

and twenty reasonable modification tests, for example. Within an audit category of reasonable 

accommodation and reasonable modification tests, testers might ask for the same kinds of 

accommodation tests, testers might ask for one type of accommodation in every test, or they 

might ask for several different types of accommodation. Within an audit category of reasonable 

modification tests, testers might ask for one type of modification in every test, or testers could 

request several different types of modification. The audit report would examine the ways in 

which discrimination manifested itself under the categories of reasonable accommodation and 

modification. 

A final audit approach is to structure tests that permit the opportunity to test multiple 

forms of discrimination in one test. Like the reasonable modification testing done for the 

research-based component of this project, which provided the opportunity for landlords to 

40 
Discrimination Against Persons with Disabilities: Testing Guidance for Practitioners 

provide equal or unequal treatment, make discriminatory statements or not, and agree to 

reasonable modification of several types, or not, this methodology collects evidence about a 

variety of potential discrimination issues. An audit summary might report results under 

categories like discriminatory statements, unequal treatment, and denial or conditioning of 

requests for modification with all of the results reported as indicating the extent of housing 

discrimination based on disability. 

5.2 Documentation of Tests 

Usual testing procedures require testers to complete written documentation of their test 

experiences. Sometimes these test report forms contain a list of items that summarizes the 

tester’s treatment, and where the tester identifies what was discussed, offered, or conveyed by 

the rental agent. Sometimes these forms contain space for a narrative description of the events 

of the test. Any supplemental contacts by housing providers are included in the testing 

documentation, and all written materials such as business cards, brochures, marketing material 

or follow up letters which are received during the test are included in the test files. 

Several different types of disabilities and several different kinds of testing strategies 

were used in the project. Different test report forms were developed for use in different types of 

tests. The report forms were generally consistent, but they contained specific items that were 

related to the specific types of accommodation or modification to be requested by testers. The 

test report forms used for this project were specifically designed for research purposes. 46 

However, they may be modified for enforcement purposes. Test report forms used for 

enforcement may vary from the types of forms used for research-based testing; enforcement 

testing may emphasize narrative documentation or be developed to include several types of 

disability testing on one form. Organizations that perform testing activities have learned over 

the years that there is no single “right” form, and no single “right” strategy, for testing. 

5.3 Test Analysis 

There is no single way to analyze tests. An evaluation of whether or not discrimination 

has occurred in any particular test requires an individualized assessment of each component of 

the test and comparison to other tests, if any. Discussion with each tester individually (or 

“debriefing”) is a common initial step in analysis in enforcement testing, after review of report 

forms, to discuss any areas where questions have arisen, and to ensure that how the tester was 

treated and the treatment documented reflect actual events and that they are not caused by any 

tester behavior. 

One useful way to examine test report forms summarizing the experiences of testers is 

to use a checklist or combination of checklists to examine individual components of the test 

46 A complete set of DDS report forms may be found at Annex E. 

41 
Discrimination Against Persons with Disabilities: Testing Guidance for Practitioners 

experience. The checklists provided below enable a reviewer to consider each aspect from a 

test individually, and then list all the areas where differences have occurred. Such a list of 

objective treatment issues can then be considered to determine if adverse treatment has been 

directed at the tester who is disabled, and evaluate the significance of the adverse treatment. 

Not every difference in treatment, and not every incident where treatment has been imperfect 

will support a successful case of housing discrimination. A careful analysis of each aspect of a 

disability-based test is important to determine at what points, if any, there is differential 

treatment. Those differences are then assessed qualitatively and quantitatively to determine 

whether they indicate discrimination. 

The checklists presented below are based on the kinds of issues seen in disability 

testing examples and they track the kind of information typically gathered during tests and 

recorded on test report forms. They may be adjusted based on the type of testing being 

conducted, the type of disability involved, or the type of reasonable accommodation or 

reasonable modification that is used in a particular test. The checklists contain possible 

indicators of discrimination in each of the three major types of discrimination based on disability, 

one for differential treatment, one for reasonable accommodation, and one for reasonable 

modification. In general, the unequal treatment checklist should be used first whenever there is 

matched pair testing. If the matched pair testing also includes a request for an accommodation 

or modification, the appropriate additional checklist should be reviewed as well. The checklists 

for reasonable accommodation and reasonable modification can be used for single, unpaired 

tests and should be modified to match the requests of the person with a disability who was 

denied an accommodation or modification. If there are multiple tests of one property or of 

several properties owned or operated by a single entity, all tests may be reviewed in reaching a 

final conclusion about further action. 

In some cases, especially where enforcement is considered, one or more additional 

tests may be appropriate, although one test may be enough to show discrimination for 

enforcement purposes, especially in the realm of differential treatment. Using tests to initiate 

enforcement actions under the Fair Housing Act’s reasonable accommodation or modification 

provisions is uncharted territory in the courts, and may be hampered by too many variables to 

clearly detect discrimination for enforcement purposes. Typically, it is common to consider the 

issue of whether, even if there is some evidence of discrimination, enforcement action should be 

taken, or some less stringent step should occur, such as consultation, training or retesting. 

The stronger the evidence of a violation, even from one test, the more likely it is that 

enforcement will be initiated. This is especially true where an enforcement test supports a bona 

fide complainant’s allegation of discrimination. In disability cases involving a bona fide 

complainant, especially in reasonable accommodation and modification cases, imposition of 

additional requirements or rejection of a single request have often been the subject of litigation 

and administrative enforcement. While one test showing rejection of a requested 

42 
Discrimination Against Persons with Disabilities: Testing Guidance for Practitioners 

CHECKLIST OF INDICATORS FOR UNEQUAL TREATMENT IN DISABILITY TESTS 

By comparing the treatment of testers was the tester who is disabled treated differently and 

adversely: 

Was there difficulty in contacting property or getting information in comparison to other 

testers? 

Is the advertised unit available? 

When is advertised unit available? 

Are other units of the same size/type requested available? 

How many other units are available?

When are other units of the same size/type requested available? 

Where are the available units located? 

Where are the other units located? 

How many units were shown? 

What condition and what amenities are provided in available units? 

Is there evidence of steering within the property based on disability? 

Are there differences in pricing of units? 

Are there differences in deposit amount or types of fees? 

Are there differences in the application process description of requirements for: 

 Credit check? 

 Co-signer? 

 Criminal record check? 

 Request for income or other information? 

 Other 

Were there inquiries about the nature or severity of a disability or comments about people 

with disabilities? 

Were there comments about handicapped units or accessible features? 

Is there evidence of steering to other properties? 

Are there differences in offers of application form, waiting list, callbacks, visits? 

Are there other differences in the quality or quantity of information provided? 

Is there other evidence of adverse treatment based on disability? 

Is there other evidence of adverse treatment in comparison to another tester? 

43 
Discrimination Against Persons with Disabilities: Testing Guidance for Practitioners 

CHECKLIST OF INDICATORS FOR DENIAL OF REASONABLE MODIFICATION 

Was there difficulty in contacting property or in getting information?

Was the requested modification refused or denied outright? 

Was an alternative modification offered instead?

Were questions raised about the need for the modification?

Was some other person’s approval needed for approval of the modification? 

Was there a delay of more than 24 hours in approving the concept of the modification? 

Did follow up about the modification approval have to be initiated by the tester? 

Were conditions imposed on approval of the modification, such as: 

 Use of licensed contractor? 

 Use of landlord-approved contractor? 

 Landlord-specified type of construction? 

 Special insurance required? 

 Removal of exterior modification upon departure? 

 Security deposit, not related to the cost of restoration of interior of dwelling,

charged? 

 Other 

Were there inquiries about the nature or severity of a disability or comments about people 

with disabilities? 

Were there comments about handicapped units or accessible features? 

Is there evidence of steering to other properties? 

Is there other evidence of adverse treatment based on disability? 

44 
Discrimination Against Persons with Disabilities: Testing Guidance for Practitioners 

CHECKLIST OF INDICATORS FOR DENIAL OF REASONABLE 

ACCOMMODATION TESTS 

Was there difficulty in contacting property or in getting information?

Was the requested accommodation refused or denied outright? 

Was an alternative accommodation offered instead? 

Was some other person’s approval needed for approval of the accommodation? 

Were questions raised about the need for the accommodation?

Was there a delay of more than 24 hours in approving the concept of the 

accommodation? 

Did follow up about the accommodation approval have to be initiated by the tester? 

Were conditions imposed on approval of the accommodation, such as: 

 An additional charge? 

 A waiting period? 

 Specific conditions, such as breed or weight requirements for service animal?

 Action by someone else? 

 Action by the tester? 

 Special insurance required? 

 Other requirements 

Were there inquiries about the nature or severity of a disability or comments about 

people with disabilities?

Were there comments about handicapped units or accessible features? 

Is there evidence of steering to other properties?

Is there other evidence of adverse treatment based on disability? 

45 
Discrimination Against Persons with Disabilities: Testing Guidance for Practitioners 

accommodation or modification is unlikely to be sufficient on its own to support an enforcement 

action, such information could be used in conjunction with a bona fide’s complaint.47 

5.4 Post -Test Investigations and Enforcement 

A formal investigation is triggered by the filing of a complaint by an individual or 

organization or both. The Fair Housing Act requires that a person or organization that files a 

complaint be injured in some way by the discrimination. Individuals may be injured when they 

are not given truthful information about an apartment because they are disabled, or when they 

are told a higher price, denied an accommodation or modification that they need, or treated 

differently and adversely by a housing provider because of disability. A physical injury is not 

required in order to file a complaint. An injury may be loss of a housing opportunity, being lied 

to, or not being given the same kind of treatment as non-disabled people. Even testers who 

receive false information about housing because of disability may be able to file a complaint, 

although most groups that use testers ask testers to waive their rights to file a complaint from 

testing that is provided to the agency. 

An organization may also file a complaint if the organization has been injured as a result 

of illegal discrimination. Injury for organizations is demonstrated in two ways: the agency has 

had to divert its resources, which are usually quite limited, to undertake actions designed to 

address incidents of discrimination. Resources may be diverted in many ways, from spending 

staff time and energy establishing test protocols, recruiting and training testers, coordinating one 

or more tests, debriefing testers, writing test summaries, and conducting research on issues 

raised by testing. Resources may be diverted because audits or cases raise issues that require 

training, technical assistance, or outreach to counter. Resources may be diverted away from 

important projects that are delayed or hampered because resources are diverted toward 

working on a particular case. Diversion of resources to develop and conduct testing activities to 

address disability discrimination incidents can be shown by evidence that new procedures and 

materials, new tester recruitment, and additional training are necessary to address possible 

disability discrimination through testing. Where a disability testing program is already in place, 

additional evidence of post-testing investigation may be presented to show that resources were 

diverted for purposes of establishing standing. 

An organizational injury may also be shown if the mission of the organization has been 

frustrated by acts of discrimination. If, for example, the organization’s mission is to ensure that 

every community member has access to a full range of housing choices without discrimination, 

so they may live full and happy lives, incidents of discrimination frustrate that mission. Every 

organization’s mission may be a little different so the effect of disability discrimination on a 

47 Note, however, that testing for violations of the Act’s reasonable accommodations or modifications 

provisions may not be the most efficient use of fair housing organization resources, as where a denial of an 

accommodation or modification has been made in writing. 

46 
Discrimination Against Persons with Disabilities: Testing Guidance for Practitioners 

particular mission may vary, but the key element is that the acts of discrimination adversely 

affected the organization’s mission.48 

Administrative enforcement of the Fair Housing Act is triggered by contact, by phone, 

letter, or fax, to HUD’s Office of Fair Housing and Equal Opportunity (FHEO) or to a state or 

local agency which HUD has recognized as enforcing a state or local law that provides rights 

and remedies that are substantially equivalent to those available in the Fair Housing Act. A list 

of HUD Hub offices where complaints of unlawful discrimination may be filed is attached as 

Annex F. A list of state and local FHAP agencies that HUD has recognized as substantially 

equivalent where complaints may also be filed is attached as Annex G. A complaint may also 

be filed with HUD on line or a complaint form may be downloaded and completed and mailed.49 

HUD should move promptly to file a complaint, notify the parties of the complaint, and begin its 

investigation. 

A fair housing investigation by an agency like HUD or a FHAP agency represents a 

neutral and impartial investigation of the claims made by the person or persons filing a 

complaint. A typical investigation will include interviews of the complainant(s) and any 

witnesses to discriminatory practices, interviews of the person(s) claimed to have engaged in 

discriminatory practices, review of documentation related to the investigation such as test report 

forms. Testers are often interviewed about their experiences during investigation. If an issue in 

the case is whether certain units were available on particular dates, what prices or fees are 

normally charged, usual application procedures, or any of a number of other issues, the 

investigation will examine those issues. The investigation seeks independent evidence that 

may confirm or refute the claim of discrimination. An investigator may interview current 

residents with and without disabilities about their experiences, review leases, applications, 

waiting lists or other similar documents in an effort to review all of the available relevant facts, 

48 For cases involving organizational standing, see Havens Realty Company v. Coleman, 455 U.S. 363, 102 

S. Ct. 114 (1982), Eastern Paralyzed Veterans v. Lazarus-Berman, 133 F. Supp 2d 203 (E D NY 2001), agency 

diverted time from counseling clients on housing issues to identify and counteract illegal activity, standing found; Fair 

Housing of Marin v. Combs, 285 F.3rd 899 (9th Cir. 2002), citing cases. When group was adversely affected through 

economic losses in staff pay, in loss of funds in support of volunteer service and the inability to undertake other 

efforts to end unlawful housing discrimination, organizational standing was found. Funds spent in designing, printing 

and disseminating literature aimed at redressing the impact the discrimination had on the local housing market 

showed frustration of mission, Secretary v. Jancik, HUDALJ. 05-91-0969-1 (1993), private fair housing group was 

injured when it conducted investigative activities including expenditure of time developing testing methodology. 

Because the law of organizational standing may change, research should be conducted on the current judicial 

interpretation of the requirements to establish organizational standing before a complaint is filed in federal or state 

court. Different courts follow different standards in determining what is required to establish organizational standing. 

Some courts may not find organizational standing where standing is argued based solely on testing activity. See, 

e.g., Fair Employment Council of Greater Washington, Inc. v. BMC Marketing Corp., 307 U.S. App. D.C. 401, 28 F.3d 

1268 (D.C. Cir. 1994). But compare, Fair Housing of Marin, supra. 

49 HUD’s downloadable on line complaint form is located at http:// www.hud.gov /complaints/ 

housediscrim.cfm. 

47 
Discrimination Against Persons with Disabilities: Testing Guidance for Practitioners 

so that an independent judgment may be made as to whether or not there is sufficient evidence 

that discrimination has occurred. 

During an investigation, from the time that the complaint is filed, HUD is required by the 

Fair Housing Act to engage in efforts to resolve the complaint through reaching a settlement 

agreement with the parties, referred to as a conciliation agreement. If the parties agree to a 

settlement, it is put in writing and signed by all of the people involved in the complaint, including 

a HUD representative. 

If the investigation shows evidence of illegal discrimination, and the case is not settled, 

HUD is authorized by the Fair Housing Act to issue a determination that there is reasonable 

cause to believe that discrimination has occurred and file a charge of discrimination. Each party 

to a complaint has the ability to elect to have the case brought in federal district court by the 

United States Department of Justice (DOJ), where a jury trial may be conducted if appropriate. 

If no party makes an election to go to court, the case will be heard by an Administrative Law 

Judge on an expedited schedule. 

DOJ, which runs its own testing program, also has the independent authority to bring 

cases where the evidence shows that there has been a pattern and practice of discrimination.50 

There is no requirement that a case be filed with an administrative agency before such cases 

are brought in court. A number of testing cases have been among those litigated by DOJ.51 

The Fair Housing Act also authorizes complaints to be directly filed in federal or state court by 

private litigants using private counsel.52 

The Act includes the authority for powerful remedies. Complainants may be awarded 

damages to compensate them, not only for their financial losses, but also for the mental distress 

caused them from incidents of discrimination. The Act also authorizes awards of punitive 

damages to complainants (in federal court) and civil penalties (awarded to the government by 

administrative law judges) to deter discriminatory conduct and punish those who willfully ignore 

the law. Some reasonable modification, reasonable accommodation, and disability 

discrimination cases have resulted in significant financial awards to people with disabilities.53 

50 The Department of Justice’s authority to bring pattern and practice cases and cases involving an issue of 

general public importance is found is 42 U.S.C. 3614(a). 

51 A list of cases filed, tried, and settled by the Department of Justice is found on DOJ’s website, at 

http://www.usdoj.gov/crt/housing/caselist.htm 

52 42 U.S.C. 3613. 

53 HUD v. Twinbrook Apartments, supra, at fn.24, $75,000 awarded to one complainant, $40,000 to another, 

and $20,000 to a third, with $15,000 awarded in civil penalties; HUD v. Country Manor Apartments, supra at fn 22, 

$7500 in compensatory damages, $3,000 in civil penalties; HUD v. Pheasant Ridge Associates, HUDALJ, 05-94-

0845-8 and 05-95-0155-8 (October 25, 1996), $20,049 to one complainant and $30,403 to a second. 

48 
ANNEX A 

DDS Expert Panel 

49 
Measuring Discrimination Against People with Disabilities 

Expert Panel Meeting 

January 13 and 14, 2003 

Panel Members 

Michael Allen 

Bazelon Center for Mental Health Law 

1101 15th Street NW 

Suite 1212 

Washington DC 20005 

(202) 467-5730 

http://www.bazelon.org/ 

Michaela@bazelon.org 

Julie Carter 

Kennedy Foundation Fellow 

8324 Roanoke Avenue, Apt. 3, 

Takoma Park, MD 20912. 

(302) 588-0353 

Phoenixjules@msn.com 

Cathy Cloud 

Vice President 

National Fair Housing Alliance 

1212 New York Avenue 

Suite 525 

Washington, DC 20005 

(202) 898-1661 

catcloud@nationalfairhousing.org 

Katherine Copeland 

Executive Director 

Silver State Fair Housing Council 

855 E Fourth St. Suite E 

Reno, Nevada 89512 

(775) 324-0990 

1 (888) 585-8634 

fairhousing@gbis.com 

Don Eager 

Donald Eager and Associates 

111 S. Broad Street 

Lancaster, Ohio 43130 

(740) 654-5440 

http://www.dbeager.com/index.html 

deager@attglobal.net 

Fred Freiberg 

US Department of Justice 

Housing and Civil Enforcement 

950 Pennsylvania Avenue NW 

Washington, DC 20540 

(202) 514-4713 

www.usdoj.gov/crt 

Fred.Freiberg@usdoj.gov 

Max Lapertosa 

Access Living 

614 West Roosevelt Road 

Chicago, IL 60607 

(312) 253-7000 (phone) 

(312) 253-7001 (fax) (312) 253-0332 (tty) 

mlapertosa@accessliving.org 

Robert Liston 

Director 

Montana Fair Housing 

904-A Kensington Avenue 

Missoula, Montana 59801 

(406) 542-2611 

http://montanafairhousing.click2site.com/index.ht 

m 

mfhzng4@montana.com 

Joan Magagna 

US Department of Justice 

Housing and Civil Enforcement 

950 Pennsylvania Avenue NW 

Washington, DC 20540 

(202) 514-4713 

www.usdoj.gov/crt 

Joan.A.Magagna@usdoj.gov 

Bonnie Milstein 

Magar and Milstein 

760 Market Street 

San Francisco, California 94102 

(415) 693-0752 

bmilstein@sbcglobal.net 

50 
Susan Prokop 

Associate Advocacy Director 

Paralyzed Veterans of America 

801 18th Street NW 

Washington, DC 20006 

(202) 872-1300 

susanp@pva.org 

Jeff Rosen 

General Counsel 

National Council on Disability 

1331 F Street NW 

Suite 850 

Washington, DC 20004 

(202) 272-2004 

www.ncd.gov 

Susan Scovill 

Housing Opportunities Made Equal (HOME) of 

Richmond 

2201 West Broad Street 

Suite 200 

Richmond, Virginia 23220 

(804) 354-0641 

http://www.phonehome.org/programs.htm 

susan.scovill@phonehome.org 

Jeanine Worden 

US Department of Justice 

Housing and Civil Enforcement 

950 Pennsylvania Avenue NW 

Washington, DC 20540 

(202) 514-4713 

www.usdoj.gov/crt 

jeanine.worden@usdoj.gov 

HUD Staff 

451 7th Street, SW 

Washington, DC 20410 

www.hud.gov 

Linda Cruciani - OGC 

Assistant General Counsel 

Fair Housing Enforcement Division 

(202) 708-0570 x 5108 

Linda_M._Cruciani@HUD.GOV 

Barbara Elkin - OGC 

Attorney Advisor 

Fair Housing Compliance Division 

(202) 708-0340 x 7055 

Barbara_J._Elkin@HUD.GOV 

Harry Carey - OGC 

Associate General Counsel 

Office of Fair Housing 

(202) 708-2787 

Harry_L._Carey@HUD.GOV 

Dale Rhines 

Program Analyst 

Office of Enforcement 

Dale_P._Rhines@hud.gov 

David Enzel - FHEO 

DAS For Enforcement and Programs 

(202) 619-8046 

David_H._Enzel@HUD.GOV 

Beth Frank - FHEO 

Deputy Director 

Office of Enforcement 

(202) 619-8041 x 4033 

Elizabeth_Frank@HUD.GOV 

Kevin Neary - PDR 

Director, Program Evaluation Division 

(202) 708-3700 x 5704 

Kevin_J._Neary@HUD.GOV 

Todd Richardson - PDR 

GTR, Program Evaluation Division

 (202) 708-3700 x5706 

Todd_M._Richardson@HUD.GOV 

Milton Turner - FHEO 

Director, Compliance and Disability Rights 

Division 

(202) 708-2333 Ext. 7057 

Milton_Turner@HUD.GOV 

51 
Urban Institute Staff 

The Urban Institute 

Metropolitan Housing and Communities Policy 

Center 

2100 M Street, NW 

Washington, DC 20037 

www.urban.org 

Julie Fenderson 

(202) 261-5512 

(202) 872-9322 (FAX) 

jadams@ui.urban.org 

Carla Herbig 

(202) 261-5282 

(202) 872-9322 (FAX) 

cherbig@ui.urban.org 

Deborah Kaye 

(202) 261-5567 

(202) 872-9322 (fax) 

dkaye@ui.urban.org 

Diane Levy 

(202) 261-5567 

(202) 872-9322 (fax) 

dlevy@ui.urban.org 

Kimberlee Ross 

(202) 261-5789 

(202) 872-9322 (fax) 

kross@ui.urban.org 

Marge Turner 

(202) 261-5543 

(202) 872-9322 (fax) 

maturner@ui.urban.org 

Consultant 

Sara K. Pratt 

(301) 891-7272 

SleePratt@aol.com 

52 
ANNEX B 

Exploratory Phase Scenarios 

and 

Tester Instructions 

53 
DDS Exploratory Testing - Blind / Low Vision 

Disability Category 

Blind/Guide Dog Blind/Guide Dog LIHTC Blind 

Test Type Paired 

In-Person 

Differential Treatment 

Accommodation 

Paired 

In-Person 

Differential Treatment 

Accommodation 

Paired 

In-Person 

Differential Treatment 

Accommodation 

Number of Tests 6 3 7 

Scenario Disabled tester accompanied by 

guide dog visits housing provider 

for differential treatment and 

discusses accommodation to be 

tested. Non-disabled tester visits 

the housing provider for differential 

treatment. 

Disabled tester accompanied by 

guide dog visits housing provider for 

differential treatment and discusses 

accommodation to be tested. Nondisabled tester visits the housing 

provider for differential treatment. 

Disabled tester without companion 

animal visits housing provider for 

differential treatment and asks for 

accommodation. Non-disabled 

tester visits the housing provider 

for differential treatment. 

Testers Non-minority, any age Non-minority, any age Non-minority, any age 

Tester Disability 

Parameters 

Blind or low vision with service 

animal 

Blind or low vision with service 

animal 

Blind or low vision with some sort 

of assistance (cane, glasses) no 

service animal 

Test Team Disabled and non-disabled testers 

matched on gender, age range 

Disabled and non-disabled testers 

matched on gender, age range 

Disabled and non-disabled testers 

matched on gender, age range 

Assigned Financial 

Characteristics 

Both testers assigned income from 

employment that is sufficient to 

afford rent of target unit; Testers 

62+ assigned retirement income 

sufficient to afford rent of target 

unit. 

Both testers assigned income from 

employment that is sufficient to 

afford rent of target unit and meets 

income restrictions; Testers 62+ 

assigned retirement income 

sufficient to afford rent of target unit. 

Both testers assigned income from 

employment that is sufficient to 

afford rent of target unit; Testers 

62+ assigned retirement income 

sufficient to afford rent of target 

unit. 

Other Assigned 

Characteristics 

Single Adult 

Blind tester has guide dog 

Single Adult 

Blind tester has guide dog 

Single adult 

Advance Call Inquire about availability, price, 

size, location, office hours, pet 

policy and if appointment 

necessary. 

Inquire about income/age 

restrictions, availability, price, size, 

location, office hours, pet policy and 

if appointment necessary. 

Inquire about availability, price, 

size, location, office hours, and if 

appointment necessary. 

Order of Visits Random order Random order Random order 

Initial ContactAppointment Call or 

Drop-In Visit 

Drop in preferred if Advance Call 

indicates and if ad has enough 

information. Appointments only if 

necessary. Appointment calls will 

be made by staff, not testers. 

Drop in preferred if Advance Call 

indicates. Appointments only if 

necessary. Appointment calls will 

be made by staff, not testers. 

Drop in preferred if Advance Call 

indicates and if ad has enough 

information. Appointments only if 

necessary. Appointment calls will 

be made by staff, not testers. 

Initial Housing 

Request 

“I am interested in the unit 

advertised for rent...” 

“I am interested in any units that are 

available or may be available 

soon...” 

“I am interested in the unit 

advertised for rent...” 

Household Needs Size of unit, rent amount, date 

available determined by 

information gathered from ad and 

Advance Call 

Size of unit, rent amount, date 

available determined by information 

gathered from HUD and Advance 

Call 

Size of unit, rent amount, date 

available determined by 

information gathered from ad and 

Advance Call 

Other Units Additional or alternative units of 

different size, but within rent range 

Additional or alternative units of 

different size, but within rent range 

Additional or alternative units of 

different size, but within rent range 

Inspection “Can you guide me through the 

available units?” 

“Can you guide me through any 

units?” 

“Can you guide me through the 

available units?” 

54 
Disability Category 

Blind/Guide Dog Blind/Guide Dog LIHTC Blind 

Accommodation Waive pet policy, pet fee, pet size 

and find out terms and conditions 

on guide dog. 

Waive pet policy, pet fee, pet size 

and find out terms and conditions on 

guide dog. 

"Would you read the application 

form aloud so I will know what 

information I will need to provide if 

I decide to apply?" 

Unit Modification None None None 

Treatment 

Indicators 

Unit Availability Advertised units, other units, 

number of units, unit numbers, 

building, and floor. 

Available units, number of units, unit 

numbers, building, and floor, type of 

units. 

Advertised units, other units, 

number of units, unit numbers, 

building, and floor. 

Inspection Number of units, unit numbers, 

building, and floor. 

Number of units, unit numbers, 

building, and floor. 

Number of units, unit numbers, 

building, and floor. 

Housing Cost Rent, security deposit, application 

and other fees, incentives, 

negotiability, and utilities. 

Rent, security deposit, application 

and other fees, incentives, 

negotiability, and utilities. 

Rent, security deposit, application 

and other fees, incentives, 

negotiability, and utilities. 

Agent Assistance and 

Service 

Able to discuss housing, offered 

assistance, given or asked to 

complete application, told credit 

check/criminal background check 

required, told about amenities, 

arrangements for future contact 

made, follow-up provided. 

Able to discuss housing, offered 

assistance, given or asked to 

complete application, told credit 

check/criminal background check 

required, told about amenities, 

arrangements for future contact 

made, follow-up provided. 

Able to discuss housing, offered 

assistance, given or asked to 

complete application, told credit 

check/criminal background check 

required, told about amenities, 

arrangements for future contact 

made, follow-up provided. 

Agent Inquiries Inquiries about disability, source of 

income. 

Inquiries about disability, source of 

income. 

Inquiries about disability, source of 

income. 

Agent Statements Statements about disability or 

persons with disabilities. 

Statements about disability or 

persons with disabilities. 

Statements about disability or 

persons with disabilities. 

Accommodation Waiver on pet policy, pet fee, or 

size limit of assistance animal. 

Waiver on pet policy, pet fee, or size 

limit of assistance animal. 

Willingness to read application 

form aloud. 

Unit Modification None None None 

Tester Initiated 

Follow-up 

If response to accommodation is 

"maybe," Advanced Caller will 

make follow-up call one week after 

visit. 

If response to accommodation is 

"maybe," Advanced Caller will make 

follow-up call one week after visit. 

None 

55 
DDS Exploratory Testing - Communication Disability / Deaf 

Disability Category 

Communication 

Disability 

Communication Disability 

/ LIHTC Deaf Deaf / LIHTC 

Test Type Paired 

Phone 

Differential Treatment 

Paired 

Phone 

Differential Treatment 

Paired 

In-Person 

Differential Treatment 

Unit modification 

Paired 

In-Person 

Differential Treatment 

Unit modification 

Number of 

Tests 

6 3 6 3 

Scenario Non-disabled tester calls 

housing provider for 

differential treatment. 

Disabled tester calls housing 

provider by using relay 

operator or TDD/TTY for 

differential treatment. 

Non-disabled tester calls 

housing provider for differential 

treatment. Disabled tester 

calls housing provider by using 

relay operator or TDD/TTY for 

differential treatment. 

Non-disabled tester visits 

housing provider for 

differential treatment and 

assesses the unit 

modification to be tested. 

Disabled tester visits the 

housing provider for 

differential treatment and 

asks for the assigned unit 

modification. 

Non-disabled tester visits 

housing provider for 

differential treatment and 

assesses the unit 

modification to be tested. 

Disabled tester visits the 

housing provider for 

differential treatment and 

asks for the assigned unit 

modification. 

Testers Non-minority, any age Non-minority, any age Non-minority, any age Non-minority, any age 

Tester Disability 

Parameters 

May use non-disabled tester 

posing as disabled tester, if 

no restrictions on TTY/TDD 

May use non-disabled tester 

posing as disabled tester, if no 

restrictions on TTY/TDD 

No physical disability but 

profoundly deaf. Note 

taking as primary form of 

communication, limited 

speaking ability. 

No physical disability but 

profoundly deaf. Note 

taking as primary form of 

communication, limited 

speaking ability. 

Test Team Disabled and non-disabled 

testers matched on gender, 

age range 

Disabled and non-disabled 

testers matched on gender, 

age range 

Disabled and non-disabled 

testers matched on gender, 

age range 

Disabled and non-disabled 

testers matched on 

gender, age range 

Assigned 

Financial 

Characteristics 

Both testers assigned income 

from employment that is 

sufficient to afford rent of 

target unit. Testers 62+ 

assigned retirement income 

sufficient to afford rent of 

target unit. 

Both testers assigned income 

from employment that is 

sufficient to afford rent of 

target unit, and falls within 

income restrictions. Testers 

62+ assigned retirement 

income sufficient to afford rent 

of target unit. 

Both testers assigned 

income from employment 

that is sufficient to afford 

rent of target unit. Testers 

62+ assigned retirement 

income sufficient to afford 

rent of target unit. 

Both testers assigned 

income from employment 

that is sufficient to afford 

rent of target unit, and falls 

within income restrictions. 

Testers 62+ assigned 

retirement income 

sufficient to afford rent of 

target unit. 

Other Assigned 

Characteristics 

Single adult Single adult Single adult Single adult 

Advance Call Inquire about availability, 

price, size, location. 

Inquire about income/age 

restrictions, availability, price, 

size, location 

Inquire about availability, 

price, size, location, office 

hours, and if appointment 

necessary 

Inquire about income/age 

restrictions, availability, 

price, size, location, office 

hours, and if appointment 

necessary 

Order of Calls or 

Visits 

Random order Random order Random order Random order 

Initial ContactAppointment 

Call or Drop-In 

Visit 

Phone test- NO Appointment 

Calls; NO Visits 

Phone test- NO Appointment 

Calls; NO Visits 

Drop-in only, determined by 

advance call 

Drop-in only, determined 

by advance call 

Initial Housing 

Request 

“I am interested in the unit 

you have advertised for 

rent...” 

“I am interested in any units 

that are available or may be 

available for rent soon...” 

“I am interested in the unit 

you have advertised for 

rent...” 

“I am interested in any 

units that are available or 

may be available for rent 

soon...” 

56 
Disability Category 

Communication Disability 

Communication Disability / 

LIHTC Deaf Deaf / LIHTC 

Household 

Needs 

Size of unit, rent amount, 

date available determined by 

information gathered from 

advertisement and Advance 

Call. 

Size of unit, rent amount, date 

available determined by 

information gathered from 

HUD and Advance Call. 

Size of unit, rent amount, 

date available determined 

by information gathered 

from ad and Advance Call. 

Size of unit, rent amount, 

date available determined 

by information gathered 

from HUD and Advance 

Call. 

Other Units Additional or alternative units 

of different size, but within 

rent range 

Additional or alternative units 

of different size, but within rent 

range 

Additional or alternative 

units of different size, but 

within rent range 

Additional or alternative 

units of different size, but 

within rent range 

Inspection None None “Can I inspect the available 

units?” 

“Can I inspect any units?” 

Accommodation None None None None 

Unit 

Modification 

None "Would you or Could I 

install flashing lights for the 

doorbell or fire alarm? 

"Would you/Could I install 

flashing lights for the 

doorbell or fire alarm? 

Treatment Indicators 

Unit Availability Advertised units, other units, 

building and floor 

Advertised units, other units 

building and floor 

Advertised units, other 

units, number of units, unit 

numbers, building and floor 

Available units, number of 

units, unit numbers, 

building and floor 

Inspection NA (phone) NA (phone) Number of units, unit 

numbers, quality of units, 

building, and floor. 

Number of units, unit 

numbers, quality of units, 

building, and floor. 

Housing Cost Rent, security deposit, 

application and other fees, 

incentives, negotiability, and 

utilities. 

Rent, security deposit, 

application and other fees, 

incentives, negotiability, and 

utilities. 

Rent, security deposit, 

application and other fees, 

incentives, negotiability, 

and utilities. 

Rent, security deposit, 

application and other fees, 

incentives, negotiability, 

and utilities. 

Agent 

Assistance and 

Service 

Able to discuss housing, 

offered appointment to 

inspect units/pick up 

application, told credit 

check/criminal background 

check required, told about 

amenities, follow-up 

provided. 

Able to discuss housing, 

offered appointment to inspect 

units/pick up application, told 

credit check/criminal 

background check required, 

told about amenities, follow-up 

provided. 

Able to discuss housing, 

offered assistance, given or 

asked to complete 

application, told credit 

check/criminal background 

check required, told about 

amenities, arrangements for 

future contact made, followup provided. 

Able to discuss housing, 

offered assistance, given 

or asked to complete 

application, told credit 

check/criminal background 

check required, told about 

amenities, arrangements 

for future contact made, 

follow-up provided. 

Agent Inquiries Inquiries about disability, 

source of income 

Inquiries about disability, 

source of income 

Inquiries about disability, 

source of income 

Inquiries about disability, 

source of income 

Agent 

Statements 

Statements about disability or 

persons with disabilities 

Statements about disability or 

persons with disabilities 

Statements about disability 

or persons with disabilities 

Statements about disability 

or persons with disabilities 

Accommodation None None None None 

Unit 

Modification 

None None Make/allow modification Make/allow modification 

Tester Initiated 

Follow-up 

None None If response to unit 

modification is "maybe," 

tester will make follow-up 

call one week after visit. 

If response to unit 

modification is "maybe," 

tester will make follow-up 

call one week after visit. 

57 
DDS Exploratory Testing - Mental Disability 

Disability Category 

Mental Illness Cognitive 

Disability/Accompanied 

Cognitive Disability/Proxy 

Test Type Paired 

In-Person 

Differential Treatment 

Paired, Accompanied 

In-Person 

Differential Treatment 

Paired, Proxy Testers 

Phone 

Differential Treatment 

Number of Tests 5 5 5

Scenario Non-disabled tester visits the site 

for differential treatment and 

Indicates lack of rental history 

due to past situation (living in 

dorm, recently divorced, etc.). 

Disabled tester visits the site for 

differential treatment and 

indicates a lack of rental history 

due to past living situation in 

group home (proxy for mental 

illness). 

Accompanied non-disabled tester 

visits the site for differential 

treatment. Accompanied tester 

with cognitive disability visits the 

site for differential treatment. 

Tester posing as friend of nondisabled prospective tenant 

phones the site for differential 

treatment. Tester posing as 

caseworker of disabled 

prospective tenant phones the 

site for differential treatment. 

Testers Non-minority, non-elderly Non-minority, non-elderly Non-minority, non-elderly 

Tester Disability 

Parameters 

No mobility impairment or 

physical disability 

No mobility impairment or 

physical disability 

NA (proxy) 

Test Team Disabled and non-disabled 

testers matched on gender, age 

range 

Disabled and non-disabled testers 

matched on gender, age range; 

Non-disabled companions 

matched on gender, age range 

Non-disabled proxies matched on 

gender, age range 

Assigned Financial 

Characteristics 

Both testers assigned income 

from employment that is sufficient 

to afford rent of target unit 

Both testers assigned income 

from employment that is sufficient 

to afford rent of target unit 

Both prospective tenants 

assigned income from 

employment that is sufficient to 

afford rent of target unit 

Other Assigned 

Characteristics 

Single adult, assigned different 

characteristics as proxy for 

mental illness 

Single adult 

No rental history 

Prospective tenants will be single 

adults with no rental history 

Advance Call Inquire about availability, price, 

size, location, office hours, and if 

appointment necessary 

Inquire about availability, price, 

size, location, office hours, and if 

appointment necessary 

Inquire about availability, price, 

size, location 

Order of Visits Random order Random order Random order 

Initial ContactAppointment Call or 

Drop-In Visit 

Drop in preferred if Advance Call 

indicates and if ad has enough 

information. Appointments only if 

necessary. Appointment calls will 

be made by staff, not testers. 

Drop in preferred if Advance Call 

indicates and if ad has enough 

information. Appointments only if 

necessary. Appointment calls will 

be made by staff, not testers. 

NA (phone) 

Initial Housing 

Request 

“I am interested in the unit you 

have advertised for rent...” 

“I am interested in the unit you 

have advertised for rent...” 

“I am interested in the unit you 

have advertised for rent on behalf 

of my friend/client...” 

Household Needs Size of unit, rent amount, date 

available determined by 

information gathered from ad and 

Advance Call 

Size of unit, rent amount, date 

available determined by 

information gathered from ad and 

Advance Call 

Size of unit, rent amount, date 

available determined by 

information gathered from ad and 

Advance Call 

Other Units Additional or alternative units of 

different size, but within rent 

range 

Additional or alternative units of 

different size, but within rent 

range 

Additional or alternative units of 

different size, but within rent 

range 

Inspection “Can I inspect the available 

unit(s)?” 

“Can I inspect the available 

unit(s)?” 

NA (phone) 

58 
Mental Illness 

Disability Category 

Cognitive 

Disability/Accompanied 

Cognitive Disability/Proxy 

Accommodation None None None 

Unit Modification None None None 

Treatment 

Indicators 

Unit Availability Advertised units, other units, 

number of units, unit numbers, 

building, and floor 

Advertised units, other units, 

number of units, unit numbers, 

building, and floor 

Advertised units, other units, 

number of units, building, and 

floor 

Inspection Number of units, unit numbers, 

quality of units, building, and floor 

Number of units, unit numbers, 

quality of units, building, and floor 

NA (phone) 

Housing Cost Rent, security deposit, application 

and other fees, incentives, 

negotiability, and utilities. 

Rent, security deposit, application 

and other fees, incentives, 

negotiability, and utilities. 

Rent, security deposit, application 

and other fees, incentives, 

negotiability, and utilities. 

Agent Assistance and 

Service 

Able to discuss housing, given or 

asked to complete application, 

told credit check/criminal 

background check required, told 

about amenities, arrangements 

for future contact made, follow-up 

provided. 

Able to discuss housing, 

questions directed at companion, 

given or asked to complete 

application, told credit 

check/criminal background check 

required, told about amenities, 

arrangements for future contact 

made, follow-up provided. 

Able to discuss housing, offered 

appointment to inspect units/pick 

up application, told credit 

check/criminal background check 

required, told about amenities, 

follow-up provided. 

Agent Inquiries Inquiries about disability, source 

of income 

Inquiries about disability, source 

of income 

Inquiries about disability, source 

of income 

Agent Statements Statements about disability or 

persons with disabilities. 

Statements about disability or 

persons with disabilities. 

Statements about disability or 

persons with disabilities. 

Accommodation None None None 

Unit Modification None None None 

Tester Initiated 

Follow-up 

None None None 

59 
DDS Exploratory Testing - Physical Disability 

Disability Category 

Wheelchair User Wheelchair User/LIHTC Wheelchair User/Elderly Mobility Impaired 

Test Type Paired 

In-Person 

Differential Treatment 

Unit Modification 

Paired 

In-Person 

Differential Treatment 

Unit Modification 

Paired 

In-Person 

Differential Treatment 

Non-paired 

Phone 

NA 

Accommodation 

Number of Tests 6 3 7 7 (3 proxy) 

Scenario Test coordinator visits housing 

provider to assess accessibility of 

test site. (If test site is not 

accessible, no test will be 

conducted, but limited information 

will be gathered for analysis 

purposes.) If test site is accessible, 

a non-disabled tester visits the site 

for differential treatment and 

assesses the unit modification to be 

tested. Then a disabled tester using 

a wheelchair visits the site for 

differential treatment and asks for 

the assigned unit modification. 

Non-disabled tester visits 

housing provider for differential 

treatment and assesses unit 

modification to be tested. Then 

a disabled tester using a 

wheelchair visits the housing 

provider for differential treatment 

and asks for the assigned unit 

modification. 

Elderly non-disabled and elderly 

disabled testers visit elderly-only 

development for differential 

treatment. 

Disabled tester (or proxy) 

calls housing provider and 

asks for accommodation. 

Testers Non-minority, non-elderly Non-minority, non-elderly Non-minority, elderly 55+ Non-minority, any age 

Tester Disability 

Parameters 

No cognitive or communicative 

disability. No service animal. May 

use a scooter instead of wheelchair. 

No cognitive or communicative 

disability. No service animal. 

May use a scooter instead of 

wheelchair. 

No cognitive or communicative 

disability. No service animal. May 

use a scooter instead of 

wheelchair. 

No cognitive or 

communicative disability. 

No service animal. 

Test Team Disabled and non-disabled testers 

matched on gender, age range 

Disabled and non-disabled 

testers matched on gender, age 

range 

Disabled and non-disabled testers 

matched on gender, age range 

(55-61 and 62+) 

NA (non-paired) 

Assigned 

Financial 

Characteristics 

Both testers assigned income from 

employment that is sufficient to 

afford rent of target unit 

Both testers assigned income 

from employment that is 

sufficient to afford rent of target 

unit and meets income 

restrictions 

Testers in age range 55-61 

assigned income from employment 

sufficient to afford rent of target 

unit; Testers 62+ assigned 

retirement income sufficient to 

afford rent of target unit. 

Testers assigned income 

from employment that is 

sufficient to afford rent of 

target unit. Testers 62+ 

assigned retirement 

income sufficient to afford 

rent of target unit. 

Other Assigned 

Characteristics 

Single adult 

Reason for wheelchair will be 

assigned 

Single adult 

Reason for wheelchair will be 

assigned 

Single adult 

Reason for wheelchair will be 

assigned 

Single adult 

Disabled tester has 

physical disability (no 

wheelchair, no service 

animal) and requires 

parking accommodation. 

Advance Call Inquire about availability, price, size, 

location, office hours, and if 

appointment necessary. 

Inquire about income/age 

restrictions, availability, price, 

size, location, office hours, and 

if appointment necessary. 

Inquire about age requirements, 

availability, price, size, location, 

office hours, and if appointment 

necessary. 

Inquire about availability, 

price, size, location, offstreet parking. 

Order of Visits Non-disabled tester makes first visit Non-disabled tester makes first 

visit 

Random order NA (non-paired) 

Initial ContactAppointment Call 

or Drop-In Visit 

Drop in or Appointment Call as 

indicated by Advance Call and ad. 

Appointment calls will be made by 

staff, not testers. 

Drop in or Appointment Call as 

indicated by Advance Call and 

ad. Appointment calls will be 

made by staff, not testers. 

Drop in or Appointment Call as 

indicated by Advance Call and ad. 

Appointment calls will be made by 

staff, not testers. 

NA (phone) 

Initial Housing 

Request 

“I am interested in the unit you have 

advertised for rent...” 

“I am interested in any units that 

are available or may be 

available soon...” 

“I am interested in the unit you 

have advertised for rent...” 

“I am interested in the unit 

you have advertised for 

rent...” 

Household Needs Size of unit, rent amount, date 

available determined by information 

gathered from ad and Advance Call 

Size of unit, rent amount, date 

available determined by 

information gathered from HUD 

and Advance Call 

Size of unit, rent amount, date 

available determined by 

information gathered from ad and 

Advance Call 

Size of unit, rent amount, 

date available determined 

by information gathered 

from ad and Advance Call 

Other Units Additional or alternative units of 

different size, but within rent range 

Additional or alternative units of 

different size, but within rent 

range 

Additional or alternative units of 

different size, but within rent range 

Additional or alternative 

units of different size, but 

within rent range 

Inspection “Can I inspect the available unit(s)?” “Can I inspect any unit(s)?” “Can I inspect the available unit(s)?” NA (phone) 

60 
Disability Category 

Wheelchair user Wheelchair user/LIHTC Wheelchair user/Elderly 

Non-wheelchair 

User/Phone 

Accommodation None None None Ask all of the following: 

"Could I get a handicapped 

accessible parking space?" 

"Could I get a parking 

space within X feet of 

available unit?" 

"Could I get a designated 

parking space?" 

One assigned from following: One assigned from following: None None 

"Would you/Could I install a ramp 

into the building?" 

"Would you/Could I install a 

ramp into the building?" 

"Would you/Could I install a ramp 

into the unit?" 

"Would you/Could I install a 

ramp into the unit?" 

“Would you/Could I I install grab 

bars in the bathroom?“ 

“Would you/Could I I install grab 

bars in the bathroom?“ 

“Would you/Could I change doors to 

swing hinges?” 

“Would you/Could I change 

doors to swing hinges?” 

“Would you/Could I lower the light 

switches?” 

“Would you/Could I lower the 

light switches?” 

Unit Modification 

“Would you/Could I change the 

doorknobs to levers?” 

“Would you/Could I change the 

doorknobs to levers?” 

Treatment 

Indicators 

Unit Availability Advertised units, other units, 

number of units, unit numbers, 

building and floor, type of units 

(handicapped, non-handicapped) 

Available units, number of units, 

unit numbers, building and floor, 

type of units (handicapped, nonhandicapped) 

Advertised units, other units, 

number of units, unit numbers, 

building and floor, type of units 

(handicapped, non-handicapped) 

Any available units 

Inspection Number of units, unit numbers, 

quality of units, building, and floor. 

Number of units, unit numbers, 

quality of units, building, and 

floor. 

Number of units, unit numbers, 

quality of units, building, and floor. 

NA (phone) 

Housing Cost Rent, security deposit, application 

and other fees, incentives, 

negotiability, and utilities. 

Rent, security deposit, 

application and other fees, 

incentives, negotiability, and 

utilities. 

Rent, security deposit, application 

and other fees, incentives, 

negotiability, and utilities. 

If yes, then ask about rent. 

Agent Assistance 

and Service 

Able to discuss housing, offered 

assistance, given or asked to 

complete application, told credit 

check/criminal background check 

required, told about amenities, 

arrangements for future contact 

made, follow-up provided. 

Able to discuss housing, offered 

assistance, given or asked to 

complete application, told credit 

check/criminal background 

check required, told about 

amenities, arrangements for 

future contact made, follow-up 

provided. 

Able to discuss housing, offered 

assistance, given or asked to 

complete application, told credit 

check/criminal background check 

required, told about amenities, 

arrangements for future contact 

made, follow-up provided. 

Able to discuss housing, 

offered appointment to 

inspect units/pick up 

application, follow-up 

provided. 

Agent Inquiries Inquiries about disability, source of 

income 

Inquiries about disability, source 

of income 

Inquiries about disability, source of 

income 

Inquiries about disability, 

source of income 

Agent Statements Statements about disability or 

persons with disabilities. 

Statements about disability or 

persons with disabilities. 

Statements about disability or 

persons with disabilities. 

Statements about disability 

or persons with disabilities. 

Accommodation None None None Make accommodation 

Unit Modification Make/allow unit modification Make/allow unit modification None None 

Tester Initiated 

Follow-up 

If response to unit modification is 

"maybe," tester will make follow-up 

call one week after visit 

If response to unit modification 

is "maybe," tester will make 

follow-up call one week after 

visit 

None If response to 

accommodation is 

"maybe," tester will make 

follow-up call one week 

after initial call 

Other Follow-up If disabled tester is told that no 

housing is available, Advance Caller 

will call housing provider to inquire 

about availability. 

If disabled tester is told that no 

housing is available, Advance 

Caller will call housing provider 

to inquire about availability. 

None None 

61 
DISABILITY DISCRIMINATION STUDY – EXPLORATORY PHASE 

TEST INSTRUCTIONS 

SCENARIO: BLIND W/GUIDE DOG (PRIVATE MARKET AND LIHTC) 

BLIND W/O GUIDE DOG 

In-Person 

 Differential Treatment

 Accommodation 

A. Conducting the Test 

In DDS, there are only two approaches that testers will make when conducting inperson tests: 

• A tester will drop in to visit a housing provider in response to an 

advertisement or listing for available housing; 

or 

• A tester will arrive for an appointment that was arranged by telephone with 

the housing provider in response to an advertisement or listing for 

available housing. 

The approach to be made by a tester will be determined by the Test Coordinator and 

specified on the Test Assignment Form. 

There are some tasks that all DDS testers are expected to complete on every test of a 

housing provider. These tasks are detailed below and will always be attached to the 

Test Assignment Form. 

• Review your test assignment 

You should review your test assignment thoroughly and make sure you have 

memorized your characteristics. The housing provider may ask you questions about 

your personal situation or financial circumstances, and you will need to be prepared to 

answer them. 

62 
Inquire about available rental housing 

Even if you have an appointment for your test, you should still confirm the availability of 

rental housing options when you arrive for your visit. There is an order or sequence that 

you should follow in asking about available rental housing. The request differs slightly 

for private market housing and LIHTC properties: 

BlindPrivate Market  Step 1 

Always inquire about the availability of any rental housing 

that has the same number of bedrooms as you are assigned. 

If it is available, express interest in it. Remember, the 

housing must be within your assigned price range and 

available when you need it. 

Step 2 

Always inquire about any other rental housing that might 

meet your needs. Remember, the rental housing must be in 

your assigned price range and available when you need it, 

according to your assignment. 

BlindLIHTC  Step 1 

Always inquire about any units that are available or will be 

available within the next 3-6 months that have the same 

number of bedrooms as in your assignment. If it is available, 

express interest in it. Remember, the housing must be within 

your assigned price range and available when you need it. 

Step 2 

Always inquire about other rental housing that might meet 

your needs. Remember, the rental housing must be in your 

assigned price range and available when you need it, 

according to your assignment. 

If, at any point during the test, a housing provider offers or recommends that you 

consider a home or apartment, you should express interest in it, provided that the rental 

housing is (1) within your price range and (2) available for when you need it. 

63 
• Ask the housing provider to guide you through an inspection of any available 

units 

You should ask to inspect any and all units that you are told are available that meet 

your needs. 

• Be prepared to show your driver’s license or other ID 

The housing provider might request to hold your driver’s license or other ID or a 

copy of it for security purposes prior to showing you rental units. Be agreeable to 

this request if your real name is being used. If the housing provider makes a copy 

of your license, make sure to get it back at the end of your visit. 

• Obtain information about the available rental housing 

Testers must express interest in and obtain detailed information about homes or 

apartments that are suggested by a housing provider during a test. Whenever 

testers are informed about rental housing that meets their needs (i.e., bedroom 

size, price range and date of availability), it is vital that certain information is 

obtained about each home or apartment suggested, including the following: 

 Exact Address (including each Unit #) 

 Number of Bedrooms 

 Rent Price 

 Security Deposit 

 Utilities Included (if any) 

 Other Fees (if any) 

 Length of Lease 

 Date of Availability 

 Income Eligibility Requirements (LIHTC ONLY) 

Testers may have to ask for some of the information listed above if it is not 

volunteered by the housing provider. 

64 
Also, without asking for an application, testers will inquire about whether any fees 

must be paid in order to apply for available rental units. Specifically, you will need 

to find out the purpose and amount of any fees that you would need to pay at the 

time of application. Remember, testers will never complete a rental application or 

formally apply for any rental unit. It is reasonable, however, for a prospective renter 

to inquire about any application fees that might be required prior to deciding 

whether to apply for available rental housing. 

• Ask the Housing Provider if there are any issues surrounding your 

service/guide dog (Disabled Tester with Guide Dog ONLY) 

You will ask the housing provider if there are any issues regarding service or guide 

animals. The housing provider may make comments regarding “pets,” “fees,” 

“restrictions,” or “conditions.” 

If the housing provider says that: no “pets” are allowed; there is a size restriction on 

allowable animals; there is a fee for animals; or any other restriction or condition, 

you will ask if the restriction or condition could be waived because your dog is a 

service animal. 

• Ask the Housing Provider to read the Application Form 

(Disabled Tester without Guide Dog ONLY) 

If the housing provider requires the submission of an Application Form, you will ask 

the housing provider to read the form aloud to you so that you will know exactly the 

kinds of information you will need to provide should you decide to apply. 

• IF YOU ARE TOLD ABOUT A WAITING LIST, please follow these simple 

instructions: 

 Ask how many people are on the waiting list. 

 Ask how long it might take to be offered a unit. 

 Do not ask to or agree to put your name on any waiting lists. 

Obtain the name of the housing provider 

If the housing provider has not volunteered his or her name by the end of your visit, 

please ask for it. 

65 
Allow the housing provider to suggest any follow-up contact 

Every test that a tester makes to a housing provider will come to an end. Testers 

should not initiate, suggest or offer to make any arrangements for future contact with 

the housing provider. As a tester, you may thank a housing provider for his or her 

assistance, but you must refrain from suggesting that you will get back to the 

housing provider or that the housing provider should contact you. Please permit 

the housing provider to suggest any follow-up contact. 

Conduct tester-initiated follow-up, if instructed 

(Disabled Tester with Guide Dog ONLY) 

Testers who receive an inconclusive or vague answer to their request for 

accommodation will be assigned to initiate a follow-up call to the housing provider. 

The Test Coordinator will let you know when such a call should be made. 

You will make three (3) attempts to make a follow-up call. You will ask to speak to 

the same housing provider with whom you spoke during your in-person visit. You 

will remind the housing provider who you are and what your accommodation 

request was (e.g., pet fee waived for guide dog). 

66 
DISABILITY DISCRIMINATION STUDY – EXPLORATORY PHASE 

TEST INSTRUCTIONS 

SCENARIO: COMMUNICATION DISABILITY (PRIVATE MARKET AND LIHTC) 

Telephone 

 Differential Treatment 

A. Conducting the Test 

There are some tasks that all DDS testers are expected to complete on 

every test of a housing provider. These tasks are detailed below and will 

always be attached to the Test Assignment Form. 

• Review and refer to your test assignment 

You should review your test assignment thoroughly and keep it with you during 

your telephone call so that you can refer to it if necessary. The housing provider 

may ask you questions about your personal situation or financial circumstances, 

and you will need to be prepared to answer them. 

Call the housing provider in response to the advertised housing. Be 

persistent when trying to reach the housing provider 

The disabled tester will call the housing provider using a TTY/TDD machine and 

a relay operator. The non-disabled tester will call the housing provider directly. 

You will be required to make five (5) attempts to reach a housing provider within 

48 hours (two days). You should call at different times of the day and on different 

days (i.e., weekdays and weekend days). Never leave a message on an 

answering machine or with a person who cannot discuss the housing with you. If 

you cannot reach the housing provider within 48 hours, notify your Test 

Coordinator. 

67 
• Take Notes 

It is essential that testers take good notes during the telephone call. You will 

need these notes in order to complete the test report forms and narrative after 

your test has been completed. 

Inquire about the available rental housing 

You should confirm the availability of rental housing options when you call the 

housing provider. There is an order or sequence that you should follow in asking 

about available rental housing. The request differs slightly for private market 

housing and LIHTC properties: 

Communication Disability- Step 1 

Private Market 

Always inquire about the availability of any rental 

housing that has the same number of bedrooms as 

you are assigned. If it is available, express interest in 

it. Remember, the housing must be within your 

assigned price range and available when you need it. 

Step 2 

Always inquire about any other rental housing that 

might meet your needs. Remember, the rental 

housing must be in your assigned price range and 

available when you need it, according to your 

assignment. 

Communication Disability- Step 1 

LIHTC 

Always inquire about any units that are available or 

will be available within the next 3-6 months that have 

the same number of bedrooms as in your assignment. 

If it is available, express interest in it. Remember, the 

housing must be within your assigned price range and 

available when you need it. 

Step 2 

Always inquire about other rental housing that might 

meet your needs. Remember, the rental housing must 

be in your assigned price range and available when 

you need it, according to your assignment. 

68 
If, at any point during the test, a housing provider offers or recommends that you 

consider a home or apartment, you should express interest in it, provided that the 

rental housing is (1) within your price range and (2) available for when you need 

it. 

Obtain information about the available rental housing 

Testers must express interest in and obtain detailed information about homes or 

apartments that are suggested by a housing provider during the phone test. 

Whenever testers are informed about rental housing that meets their needs (i.e., 

bedroom size, price range and date of availability), it is vital that certain 

information is obtained about each home or apartment suggested, including the 

following: 

 Exact Address (and floor the unit is located on) 

 Number of Bedrooms 

 Rent Price 

 Security Deposit 

 Utilities Included (if any) 

 Other Fees (if any) 

 Length of Lease 

 Date of Availability 

 Income Eligibility Requirements (LIHTC ONLY) 

Testers may have to ask for some of the information listed above if it is not 

volunteered by the housing provider. 

Also, testers will inquire about whether any fees must be paid in order to apply 

for available rental units. Specifically, you will need to find out the purpose and 

amount of any fees that you would need to pay at the time of application. 

Remember, testers will never complete a rental application or formally apply for 

any rental unit. It is reasonable, however, for a prospective renter to inquire 

about any application fees that might be required prior to deciding whether to 

apply for available rental housing. 

If the housing provider asks if you would like an application mailed to you, be 

agreeable and provide your address. However, if the housing provider wants to 

make an appointment with you to come in to complete an application or view 

units, say that you are just beginning your housing search and are not interested 

in doing this at the present time. 

69 
IF YOU ARE TOLD ABOUT A WAITING LIST, please follow these simple 

instructions: 

 Ask how many people are on the waiting list. 

 Ask how long it might take to be offered a unit. 

 Do not ask or agree to put your name on any waiting lists. 

• Obtain the name of the housing provider 

If the housing provider has not volunteered his or her name by the end of your 

call, please ask for it. 

• Allow the housing provider to suggest any follow-up contact 

Every test that a tester makes to a rental housing provider will come to an end. 

Testers should not initiate, suggest or offer to make any arrangements for future 

contact with the housing provider. As a tester, you may thank a housing provider 

for his or her assistance, but you must refrain from suggesting that you will get 

back to the housing provider or that the housing provider should contact you. 

Please permit the housing provider to suggest any follow-up contact. 

70 
DISABILITY DISCRIMINATION STUDY – EXPLORATORY PHASE 

TEST INSTRUCTIONS 

SCENARIO: DEAF (PRIVATE MARKET AND LIHTC) 

In-Person 

 Differential Treatment

 Unit Modification 

A. Conducting the Test 

In this type of DDS test, there is only one approach that testers will use when 

conducting in-person tests: 

• A tester will drop in to visit a rental housing provider in response to the 

advertised housing 

There are some tasks that all DDS testers are expected to complete on every test of 

a housing provider. These tasks are detailed below and will always be attached to 

the Test Assignment Form. 

• Review your test assignment 

You should review your test assignment thoroughly and make sure you have 

memorized your characteristics. The housing provider may ask you questions about 

your personal situation or financial circumstances, and you will need to be prepared 

to answer them. 

• Take Notes 

It is essential that testers take good notes during the test if they are able to do so. It 

is perfectly natural for prospective renters to jot down information about the terms 

and conditions of renting available homes and apartments during their search for 

housing. You will need these notes in order to complete the test report forms and 

narrative after your test has been completed. 

• Communicate with housing provider through notes 

(Disabled Tester Only) 

The disabled tester will communicate with the housing provider through prepared 

note cards and through note writing. Basic questions about renting a unit can be 

prepared on cards before the test, with supervision of the Test Coordinator. Other 

questions, answers and comments beyond the basic questions must be handwritten 

during the test. Keep these notes and turn them in to the Test Coordinator after 

completing the test. 

71 
• Inquire about available rental housing 

You should confirm the availability of rental housing options when you arrive for your 

visit. There is an order or sequence that you should follow in asking about available 

rental housing: 

Deaf- Step 1 

Private Market 

Always inquire about the availability of any rental housing 

that has the same number of bedrooms as you are assigned. 

If it is available, express interest in it. Remember, the 

housing must be within your assigned price range and 

available when you need it. 

Step 2 

Always inquire about any other rental housing that might 

meet your needs. Remember, the rental housing must be in 

your assigned price range and available when you need it, 

according to your assignment. 

Deaf- Step 1 

LIHTC 

Always inquire about any units that are available or will be 

available within the next 3-6 months that have the same 

number of bedrooms as in your assignment. If it is available, 

express interest in it. Remember, the housing must be within 

your assigned price range and available when you need it. 

Step 2 

Always inquire about other rental housing that might meet 

your needs. Remember, the rental housing must be in your 

assigned price range and available when you need it, 

according to your assignment. 

If, at any point during the test, a housing provider offers or recommends that you 

consider a home or apartment, you should express interest in it, provided that the 

rental housing is (1) within your price range and (2) available for when you need it. 

• Ask to inspect any available units 

You should ask to inspect any and all units that you are told are available that meet 

your needs. 

72 
• Be prepared to show your driver’s license or other ID 

The housing provider might request to hold your driver’s license or other ID or a 

copy of it for security purposes prior to showing you rental units. Be agreeable to 

this request if your real name is being used. If the housing provider makes a copy of 

your license, make sure to get it back at the end of your visit. 

• Obtain information about the available rental housing 

Testers must express interest in and obtain detailed information about homes or 

apartments that are suggested by a housing provider during a test. Whenever 

testers are informed about rental housing that meets their needs (i.e., bedroom size, 

price range and date of availability), it is vital that certain information is obtained 

about each home or apartment suggested, including the following: 

 Exact Address (including each Unit #) 

 Number of Bedrooms 

 Rent Price 

 Security Deposit 

 Utilities Included (if any) 

 Other Fees (if any) 

 Length of Lease 

 Date of Availability 

 Income Eligibility Requirements (LIHTC ONLY) 

Testers may have to ask for some of the information listed above if it is not 

volunteered by the housing provider. 

Also, without asking for an application, testers will inquire about whether any fees 

must be paid in order to apply for available rental units. Specifically, you will need to 

find out the purpose and amount of any fees that you would need to pay at the time 

of application. Remember, testers will never complete a rental application or 

formally apply for any rental unit. It is reasonable, however, for a prospective renter 

to inquire about any application fees that might be required prior to deciding whether 

to apply for available rental housing. 

If the housing provider offers you a rental application, you should agree to take one 

with you and let the housing provider know that you will complete it if you decide 

later that you want to apply. 

73 
• Ask for a Unit Modification (Disabled Tester Only) 

After viewing all the units the housing provider has said were available for rent and 

that meet the tester’s needs, you will ask for the unit modification that you are 

assigned on your Test Assignment Form. If the unit you are inspecting already has 

that modification, you will ask for another modification from the list below: 

9 Install flashing lights for the doorbell 

9 Install flashing lights for the fire alarm 

(Note: If a unit is available, but you are unable to inspect it [e.g., tenants still living 

there, housing provider can’t find the key, etc.] you should still ask if a unit 

modification can be made.) 

You will first ask the housing provider if he or she would make the unit 

modification. If the housing provider says “yes,” you should take notes about 

anything that is said regarding conditions placed on the modification. 

If the housing provider says the modification cannot be made, you should ask if you 

can make the modification yourself. If the housing provider says “yes,” you should 

take notes about anything that is said regarding conditions placed on the 

modification. 

• IF YOU ARE TOLD ABOUT A WAITING LIST, please follow these simple 

instructions: 

• Ask how many people are on the waiting list. 

• Ask how long it might take to be offered a unit. 

• Do not ask to or agree to put your name on any waiting lists. 

• Obtain the name of the housing provider 

If the housing provider has not volunteered his or her name by the end of your visit, 

please ask for it. 

• Allow the housing provider to suggest any follow-up contact 

Every test that a tester makes to a housing provider will come to an end. Testers 

should not initiate, suggest or offer to make any arrangements for future contact with 

the housing provider. As a tester, you may thank a housing provider for his or her 

assistance, but you must refrain from suggesting that you will get back to the 

housing provider or that the housing provider should contact you. Please permit 

the housing provider to suggest any follow-up contact. 

74 
• Conduct tester-initiated follow-up, if instructed 

Testers who receive an inconclusive or vague answer to their request for unit 

modification will be assigned to initiate a follow-up call to the housing provider. The 

Test Coordinator will let you know when such a call should be made. 

You will make three (3) attempts to make a follow-up call. You will ask to speak to 

the same housing provider with whom you spoke during your in-person visit. You 

will remind the housing provider who you are and what your modification request 

was (e.g., install flashing lights for the doorbell). 

75 
DISABILITY DISCRIMINATION STUDY – EXPLORATORY PHASE 

TEST INSTRUCTIONS 

SCENARIO: COGNITIVE/DEVELOPMENTAL DISABILITY - PROXY 

Telephone 

 Differential Treatment 

A. Conducting the Test 

There are some tasks that all DDS testers are expected to complete on every test of 

a housing provider. These tasks are detailed below and will always be attached to 

the Test Assignment Form. 

• Review and refer to your test assignment 

You will be making a call on behalf of a prospective tenant. You should review your 

test assignment thoroughly and keep it with you during your telephone call so that 

you can refer to it if necessary. The housing provider may ask you questions about 

the personal situation or financial circumstances of the person you are representing, 

and you will need to be prepared to answer them. 

If the housing provider asks questions about YOUR personal situation or financial 

circumstances, you should firmly redirect the conversation towards the housing 

needs of the prospective tenant. 

• Call the housing provider in response to the advertised housing. Be 

persistent when trying to reach the housing provider 

You will call the telephone number in the advertisement indicated on your Test 

Assignment Form. 

You will be required to make five (5) attempts to reach a housing provider within 48 

hours (two days). You should call at different times of the day and on different days 

(i.e., weekdays and weekend days). Never leave a message on an answering 

machine or with a person who cannot discuss the housing with you. If you cannot 

reach the housing provider within 48 hours, notify your Test Coordinator. 

• Take Notes 

It is essential that testers take good notes during the telephone call. You will need 

these notes in order to complete the test report forms and narrative after your test 

has been completed. 

76 
• Establish your relationship to the prospective tenant 

If you are posing as a proxy for a non-disabled person, tell the housing provider that 

you are calling on behalf of your sibling or friend who is out of town this week. 

If you are posing as a proxy for a disabled person, tell the housing provider that you 

are calling on behalf of your client who has a cognitive or developmental disability. 

Refer to your test assignment for specific information about the person on whose 

behalf you are calling and about your own profile. 

If the housing provider asks for information about you or inquires into your personal 

circumstances, you should firmly but politely redirect the conversation toward the 

person whom you are representing. 

• Inquire about the available rental housing 

You should confirm the availability of rental housing options when you call the 

housing provider. There is an order or sequence that you should follow in asking 

about available rental housing: 

Step 1 

Always inquire about the availability of any rental 

housing that has the same number of bedrooms as 

you are assigned. If it is available, express interest in 

it. Remember, the housing must be within your 

assigned price range and available when you need it. 

Step 2 

Always inquire about any other rental housing that 

might meet your needs. Remember, the rental 

housing must be in your assigned price range and 

available when you need it, according to your 

assignment. 

If, at any point during the test, a housing provider offers or recommends that you 

consider a home or apartment, you should express interest in it, provided that the 

rental housing is (1) within your price range and (2) available for when you need it. 

77 
• Obtain information about the available rental housing 

During the phone call, obtain detailed information about all the housing units that you 

are told are available that meet your needs, including the following: 

 Exact Address (and floor the unit is located on) 

 Number of Bedrooms 

 Rent Price 

 Security Deposit 

 Utilities Included (if any) 

 Other Fees (if any) 

 Length of Lease 

 Date of Availability 

Testers may have to ask for some of the information listed above if it is not 

volunteered by the housing provider. 

Also, testers will inquire about whether any fees must be paid in order to apply for 

available rental units. Specifically, you will need to find out the purpose and amount 

of any fees that you would need to pay at the time of application. Remember, 

testers will never complete a rental application or formally apply for any rental unit. 

It is reasonable, however, for a prospective renter to inquire about any application 

fees that might be required prior to deciding whether to apply for available rental 

housing. 

If the housing provider asks if you would like an application mailed to you, be 

agreeable and provide your address on behalf of the person you are representing. 

However, if the housing provider offers to make an appointment to come in to 

complete an application or view units, say that you will have to check first with the 

person you are representing. 

IF YOU ARE TOLD ABOUT A WAITING LIST, please follow these simple 

instructions: 

 Ask how many people are on the waiting list. 

 Ask how long it might take to be offered a unit. 

 Do not ask to or agree to put your name on any waiting lists. 

78 
• Obtain the name of the housing provider 

If the housing provider has not volunteered his or her name by the end of your call, 

please ask for it. 

• Allow the housing provider to suggest any follow-up contact 

Every call that a tester makes to a housing provider will come to an end. Testers 

should not initiate, suggest, or offer to make any arrangements for future contact 

with the housing provider. As a tester, you may thank a housing provider for his or 

her assistance, but you must refrain from suggesting that you will get back to the 

housing provider or that the housing provider should contact you. Please permit 

the housing provider to suggest any follow-up contact. 

79 
DISABILITY DISCRIMINATION STUDY – EXPLORATORY PHASE 

TEST INSTRUCTIONS 

SCENARIO: COGNITIVE/DEVELOPMENTAL DISABILITY - ACCOMPANIED 

In-Person 

 Differential Treatment 

A. Conducting the Test 

In DDS, there are only two approaches that testers will make when conducting inperson tests: 

A tester will drop in to visit a housing provider in response to the advertised 

housing; 

or 

A tester will arrive for an appointment that was arranged by telephone with the 

housing provider in response to an advertisement. 

The approach to be made by a tester will be determined by the Test Coordinator and 

specified on the Test Assignment Form. 

There are some tasks that all DDS testers are expected to complete on every test of 

a housing provider. These tasks are detailed below and will always be attached to 

the Test Assignment Form. 

• Review your test assignment 

You should review your test assignment thoroughly and make sure you have 

memorized your characteristics. The housing provider may ask you questions about 

your personal situation or financial circumstances, and you will need to be prepared 

to answer them. 

• Take Notes 

It is essential that testers take good notes during the test if they are able to do so. 

It is perfectly natural for prospective renters to jot down information about the terms 

and conditions of renting available homes and apartments during their search for 

housing. You will need these notes in order to complete the test report forms and 

narrative after your test has been completed. 

80 
• Companions are to remain neutral and not ask questions 

Companions are posing as friends of the testers and, as much as possible, need to 

stay in the background. The companion must allow the tester to conduct all 

inquiries. If the housing provider directs the conversation toward or asks questions 

of the companion, the companion should firmly but politely redirect the conversation 

back to the tester. 

• Inquire about available rental housing 

Even if you have an appointment for your test, you should still confirm the availability 

of rental housing options when you arrive for your visit. Whether you drop in or arrive 

for your appointment, there is an order or sequence that you should follow in asking 

about available rental housing: 

Step 1 

Always inquire about the availability of any rental 

housing that has the same number of bedrooms as 

you are assigned. If it is available, express interest in 

it. Remember, the housing must be within your 

assigned price range and available when you need it. 

Step 2 

Always inquire about other rental housing that might 

meet your needs. Remember, the rental housing must 

be in your assigned price range and available when 

you need it, according to your assignment. 

If, at any point during the test, a housing provider offers or recommends that you 

consider a home or apartment, you should express interest in it, provided that the 

rental housing is (1) within your price range and (2) available for when you need it. 

• Ask to inspect any available units 

You should ask to inspect any and all units that you are told are available that meet 

your needs. 

• Be prepared to show your driver’s license or other ID 

The housing provider might request to hold your driver’s license or other ID or a 

copy of it for security purposes prior to showing you rental units. Be agreeable to 

this request if your real name is being used. If the housing provider makes a copy of 

your license, make sure to get it back at the end of your visit. 

81 
• Obtain information about the available rental housing 

Testers must express interest in and obtain detailed information about homes or 

apartments that are suggested by a housing provider during a test. Whenever 

testers are informed about rental housing that meets their needs (i.e., bedroom size, 

price range and date of availability), it is vital that certain information is obtained 

about each home or apartment suggested, including the following: 

 Exact Address (including each Unit #) 

 Number of Bedrooms 

 Rent Price 

 Security Deposit 

 Utilities Included (if any) 

 Other Fees (if any) 

 Length of Lease 

 Date of Availability 

Testers may have to ask for some of the information listed above if it is not 

volunteered by the housing provider. 

Also, without asking for an application, testers will inquire about whether any fees 

must be paid in order to apply for available rental units. Specifically, you will need to 

find out the purpose and amount of any fees that you would need to pay at the time 

of application. Remember, testers will never complete a rental application or 

formally apply for any rental unit. It is reasonable, however, for a prospective renter 

to inquire about any application fees that might be required prior to deciding whether 

to apply for available rental housing. 

If the housing provider offers you a rental application, you should agree to take one 

with you and let the housing provider know that you will complete it if you decide 

later that you want to apply. 

IF YOU ARE TOLD ABOUT A WAITING LIST, please follow these simple 

instructions: 

 Ask how many people are on the waiting list. 

 Ask how long it might take to be offered a unit. 

 Do not ask to or agree to put your name on any waiting lists. 

82 
Obtain the name of the housing provider 

If the housing provider has not volunteered his or her name by the end of your visit, 

please ask for it. 

Allow the housing provider to suggest any follow-up contact 

Every visit that a tester makes to a housing provider will come to an end. Testers 

should not initiate, suggest, or offer to make any arrangements for future contact 

with the housing provider. As a tester, you may thank a housing provider for his or 

her assistance, but you must refrain from suggesting that you will get back to the 

housing provider or that the housing provider should contact you. Please permit 

the housing provider to suggest any follow-up contact. 

83 
DISABILITY DISCRIMINATION STUDY – EXPLORATORY PHASE 

TEST INSTRUCTIONS 

SCENARIO: MENTAL ILLNESS 

In-Person 

 Differential Treatment 

A. Conducting the Test 

In DDS, there are only two approaches that testers will make when conducting inperson tests: 

A tester will drop in to visit a housing provider in response to the advertised 

housing; 

or 

A tester will arrive for an appointment that was arranged by telephone with the 

housing provider in response to an advertisement. 

The approach to be made by a tester will be determined by the Test Coordinator and 

specified on the Test Assignment Form. 

There are some tasks that all DDS testers are expected to complete on every test of 

a housing provider. These tasks are detailed below and will always be attached to 

the Test Assignment Form. 

• Review your test assignment 

You should review your test assignment thoroughly and make sure you have 

memorized your characteristics. The housing provider may ask you questions about 

your personal situation or financial circumstances, and you will need to be prepared 

to answer them. 

• Take Notes 

It is essential that testers take good notes during the test if they are able to do so. 

It is perfectly natural for prospective renters to jot down information about the terms 

and conditions of renting available homes and apartments during their search for 

housing. You will need these notes in order to complete the test report forms and 

narrative after your test has been completed. 

84 
• Establish lack of rental history and reason 

Early in the discussion with the housing provider, disabled testers must bring up the 

fact that they have just left a group home and are now looking to rent an apartment 

for themselves. They must indicate that they do not have a rental history because of 

this situation. 

Early in the discussion with the housing provider, non-disabled testers must mention 

that they have just moved from a dorm room, a group house, or have recently gone 

through a divorce, as indicated on the Test Assignment Form. They must indicate 

that they do not have a rental history because of this situation. 

• Inquire about available rental housing 

Even if you have an appointment for your test, you should still confirm the availability 

of rental housing options when you arrive for your visit. Whether you drop in or arrive 

for your appointment, there is an order or sequence that you should follow in asking 

about available rental housing: 

Step 1 

Always inquire about the availability of any rental 

housing that has the same number of bedrooms as 

you are assigned. If it is available, express interest in 

it. Remember, the housing must be within your 

assigned price range and available when you need it. 

Step 2 

Always inquire about other rental housing that might 

meet your needs. Remember, the rental housing must 

be in your assigned price range and available when 

you need it, according to your assignment. 

If, at any point during the test, a housing provider offers or recommends that you 

consider a home or apartment, you should express interest in it, provided that the 

rental housing is (1) within your price range and (2) available for when you need it. 

• Ask to inspect any available units 

You should ask to inspect any and all units that you are told are available that meet 

your needs. 

• Be prepared to show your driver’s license or other ID 

The housing provider might request to hold your driver’s license or other ID or a 

copy of it for security purposes prior to showing you rental units. Be agreeable to 

this request if your real name is being used. If the housing provider makes a copy of 

your license, make sure to get it back at the end of your visit. 

85 
• Obtain information about the available rental housing 

Testers must express interest in and obtain detailed information about homes or 

apartments that are suggested by a housing provider during a test. Whenever 

testers are informed about rental housing that meets their needs (i.e., price range 

and date of availability), it is vital that certain information is obtained about each 

home or apartment suggested, including the following: 

• Exact Address (including each Unit #) 

• Number of Bedrooms 

• Rent Price 

• Security Deposit 

• Utilities Included (if any) 

• Other Fees (if any) 

• Length of Lease 

• Date of Availability 

Testers may have to ask for some of the information listed above if it is not 

volunteered by the housing provider. 

Also, without asking for an application, testers will inquire about whether any fees 

must be paid in order to apply for available rental units. Specifically, you will need to 

find out the purpose and amount of any fees that you would need to pay at the time 

of application. Remember, testers will never complete a rental application or 

formally apply for any rental unit. It is reasonable, however, for a prospective renter 

to inquire about any application fees that might be required prior to deciding whether 

to apply for available rental housing. 

If the housing provider offers you a rental application, you should agree to take one 

with you and let the housing provider know that you will complete it if you decide 

later that you want to apply. 

IF YOU ARE TOLD ABOUT A WAITING LIST, please follow these simple 

instructions: 

 Ask how many people are on the waiting list. 

 Ask how long it might take to be offered a unit. 

 Do not ask to or agree to put your name on any waiting lists. 

86 
• Obtain the name of the housing provider 

If the housing provider has not volunteered his or her name by the end of your visit, 

please ask for it. 

• Allow the housing provider to suggest any follow-up contact 

Every visit that a tester makes to a housing provider will come to an end. Testers 

should not initiate, suggest, or offer to make any arrangements for future contact 

with the housing provider. As a tester, you may thank a housing provider for his or 

her assistance, but you must refrain from suggesting that you will get back to the 

housing provider or that the housing provider should contact you. Please permit 

the housing provider to suggest any follow-up contact. 

87 
DISABILITY DISCRIMINATION STUDY – EXPLORATORY PHASE 

TEST INSTRUCTIONS 

SCENARIO: MOBILITY IMPAIRED 

Telephone 

Accommodation 

A. Conducting the Test 

There are some tasks that all DDS testers are expected to complete on every test of 

a housing provider. These tasks are detailed in the instructions that will always be 

attached to the Test Assignment Form. They are also described below: 

• Review and refer to your test assignment 

You should review your test assignment thoroughly and keep it with you during your 

telephone call so that you can refer to it if necessary. The housing provider may ask 

you questions about your personal situation or financial circumstances, and you will 

need to be prepared to answer them. 

• Call the housing provider in response to the advertised housing. Be 

persistent when trying to reach the housing provider 

You will call the telephone number in the advertisement indicated on your Test 

Assignment Form. 

You will be required to make five (5) attempts to reach a housing provider within 48 

hours (two days). You should call at different times of the day and on different days 

(i.e., weekdays and weekend days). Never leave a message on an answering 

machine or with a person who cannot discuss the housing with you. If you cannot 

reach the housing provider within 48 hours, notify your Test Coordinator. 

• Take Notes 

It is essential that testers take good notes during the telephone call. You will need 

these notes in order to complete the test report form and narrative after your test has 

been completed. 

• Inquire about the available rental housing 

You should ask if there is any rental housing available (remember, the housing must 

be within your assigned price range and available when you need it). If it is 

available, express interest in it. 

88 
• Obtain information about the available rental housing 

During the phone call, obtain detailed information about all the housing units that you 

are told are available that meet your needs, including the following: 

• Exact address (and floor the unit is located on) 

• Number of Bedrooms 

• Rent Price 

• Date of Availability 

• Ask for the Parking Space Accommodation 

If you are told that a rental unit is available that meets your needs, you will ask the 

housing provider for a parking accommodation. The request should be made as 

follows: 

1. Ask the housing provider if there is a “handicapped-accessible” parking space 

that could be designated for your use. 

2. If the housing provider says “yes,” ask if this “handicapped-accessible” parking 

space could be located near the available unit(s) or near the entrance closest to 

the available unit(s). 

3. If the housing provider says “no,” that a “handicapped-accessible” parking space 

cannot be designated for your use, ask if there is ANY parking space that can be 

designated for your use. 

4. If the housing provider says “yes,” ask if this parking space could be located near 

the available unit(s) or near the entrance closest to the available unit(s). 

5. If the housing provider has told you that a parking space could be designated for 

you, whether a “handicapped-accessible” space or some other space, ask if 

there is any fee required. 

• Allow the housing provider to provide service, but DO NOT commit to 

anything 

If the housing provider asks if you would like an application mailed to you, be 

agreeable and provide your address. However, if the housing provider wants to 

make an appointment with you to come in to complete an application or view units, 

say that you are just beginning your housing search and are not interested in doing 

this at the present time. 

• Obtain the name of the housing provider 

If the housing provider has not volunteered his or her name by the end of your call, 

please ask for it. 

89 
• Allow the housing provider to suggest any follow-up contact 

Every call that a tester makes to a housing provider will come to an end. Testers 

should not initiate, suggest, or offer to make any arrangements for future contact 

with the housing provider. As a tester, you may thank a housing provider for his or 

her assistance, but you must refrain from suggesting that you will get back to the 

housing provider or that the housing provider should contact you. Please permit 

the housing provider to suggest any follow-up contact. 

• Conduct tester-initiated follow-up, if instructed 

Testers who receive an inconclusive or vague answer to their request for 

accommodation will be assigned to initiate a follow-up call to the housing provider. 

The Test Coordinator will let you know when such a call should be made. 

You will make three (3) attempts to make a follow-up call. You will ask to speak to 

the same housing provider with whom you spoke during your initial telephone call. 

You will remind the housing provider who you are and what your accommodation 

request was (i.e., designated parking space close to the available apartment or near 

the building entryway). 

90 
DISABILITY DISCRIMINATION STUDY – EXPLORATORY PHASE 

TEST INSTRUCTIONS 

SCENARIO: WHEELCHAIR USER – PRIVATE MARKET AND LIHTC 

In-Person 

 Differential Treatment

 Unit Modification 

A. Conducting the Test 

In DDS, there are only two approaches that testers will make when conducting inperson tests: 

A tester will drop in to visit a housing provider in response to an 

advertisement or listing for available housing; 

or 

A tester will arrive for an appointment that was arranged by telephone with the 

housing provider in response to an advertisement or listing for available 

housing. 

The approach to be made by a tester will be determined by the Test Coordinator and 

specified on the Test Assignment Form. 

There are some tasks that all DDS testers are expected to complete on every test of 

a housing provider. These tasks are detailed below and will always be attached to 

the Test Assignment Form. 

• Review your test assignment 

You should review your test assignment thoroughly and make sure you have 

memorized your characteristics. The housing provider may ask you questions about 

your personal situation or financial circumstances, and you will need to be prepared 

to answer them. 

• Take Notes 

It is essential that testers take good notes during the test if they are able to do so. 

It is perfectly natural for prospective renters to jot down information about the terms 

and conditions of renting available homes and apartments during their search for 

housing. You will need these notes in order to fill out the Test Report Forms after 

your test has been completed. 

91 
• Inquire about available rental housing 

Even if you have an appointment for your test, you should still confirm the availability 

of rental housing options when you arrive for your visit. There is an order or 

sequence that you should follow in asking about available rental housing, and the 

request differs slightly for private market housing and LIHTC properties: 

Wheelchair UserPrivate Market Step 1 

Always inquire about the availability of any rental 

housing that has the same number of bedrooms as 

you are assigned. If it is available, express interest in 

it. Remember, the housing must be within your 

assigned price range and available when you need it. 

Step 2 

Always inquire about other rental housing that might 

meet your needs. Remember, the rental housing must 

be in your assigned price range and available when 

you need it, according to your assignment. 

Wheelchair UserLIHTC Step 1 

Always inquire about any units that are available or 

will be available within the next 3-6 months that have 

the same number of bedrooms as in your assignment. 

If it is available, express interest in it. Remember, the 

housing must be within your assigned price range and 

available when you need it. 

Step 2 

Always inquire about other rental housing that might 

meet your needs. Remember, the rental housing must 

be in your assigned price range and available when 

you need it, according to your assignment. 

If, at any point during the test, a housing provider offers or recommends that you 

consider a home or apartment, you should express interest in it, provided that the 

rental housing is (1) within your price range and (2) available for when you need it. 

• Ask to inspect any available units 

You should ask to inspect any and all units that you are told are available that meet 

your needs. 

92 
• Be prepared to show your driver’s license or other ID 

The housing provider might request to hold your driver’s license or other ID or a 

copy of it for security purposes prior to showing you rental units. Be agreeable to 

this request if your real name is being used. If the housing provider makes a copy of 

your license, make sure to get it back at the end of your visit. 

• Obtain information about the available rental housing 

Testers must express interest in and obtain detailed information about homes or 

apartments that are suggested by a housing provider during a test. Whenever 

testers are informed about rental housing that meets their needs (i.e., bedroom size, 

price range and date of availability), it is vital that certain information is obtained 

about each home or apartment suggested, including the following: 

• Exact Address (including each Unit #) 

• Number of Bedrooms 

• Rent Price 

• Security Deposit 

• Utilities Included (if any) 

• Other Fees (if any) 

• Length of Lease 

• Date of Availability 

• Income Eligibility Requirements (LIHTC ONLY) 

Testers may have to ask for some of the information listed above if it is not 

volunteered by the housing provider. 

Also, without asking for an application, testers will inquire about whether any fees 

must be paid in order to apply for available rental units. Specifically, you will need to 

find out the purpose and amount of any fees that you would need to pay at the time 

of application. Remember, testers will never complete a rental application or 

formally apply for any rental unit. It is reasonable, however, for a prospective renter 

to inquire about any application fees that might be required prior to deciding whether 

to apply for available rental housing. 

If the housing provider offers you a rental application, you should agree to take one 

with you and let the housing provider know that you will complete it if you decide 

later that you want to apply. 

93 
• Assess the Unit Modification to be Requested by your Tester Partner (Nondisabled Tester Only) 

As you inspect the units, you will need to make an assessment of what unit 

modification your tester partner should ask for from the list below. 

9 Install a ramp into the unit 

9 Install grab bars in the shower or bathtub 

9 Lower the light switches 

9 Change the doors to swing hinges 

9 Change the doorknobs to levers 

After you complete the test, you will need to call your Test Coordinator immediately 

and let him or her know which modification you have assessed to be the most 

appropriate for this test. 

• Ask for a Unit Modification (Disabled Tester Only) 

After viewing all the units the housing provider has said were available for rent and 

that meet the tester’s needs, you will ask for the unit modification that you are 

assigned on your Test Assignment Form. If the unit you are inspecting already has 

that modification, you will ask for another modification from the list below: 

9 Install a ramp into the unit 

9 Install grab bars 

9 Lower the light switches 

9 Change the doors to swing hinges 

9 Change the doorknobs to levers 

(Note: If a unit is available, but you are unable to inspect it (e.g., tenants still living 

there, housing provider can’t find the key, etc.) you should still ask if a unit 

modification can be made.) 

You will first ask the housing provider if he or she would make the unit 

modification. If the housing provider says “yes,” you should take notes about 

anything that is said regarding conditions placed on the modification. 

If the housing provider says the modification cannot be made, you should ask if you 

can make the modification yourself. If the housing provider says “yes,” you should 

take notes about anything that is said regarding conditions placed on the 

modification. 

94 
• IF YOU ARE TOLD ABOUT A WAITING LIST, please follow these simple 

instructions: 

• Ask how many people are on the waiting list. 

• Ask how long it might take to be offered a unit. 

• Do not ask to or agree to put your name on any waiting lists. 

• Obtain the name of the housing provider 

If the housing provider has not volunteered his or her name by the end of your visit, 

please ask for it. 

• Allow the housing provider to suggest any follow-up contact 

Every test that a tester makes to a housing provider will come to an end. Testers 

should not initiate, suggest or offer to make any arrangements for future contact with 

the housing provider. As a tester, you may thank a housing provider for his or her 

assistance, but you must refrain from suggesting that you will get back to the 

housing provider or that the housing provider should contact you. Please permit 

the housing provider to suggest any follow-up contact. 

• Conduct tester-initiated follow-up, if instructed 

Testers who receive an inconclusive or vague answer to their request for unit 

modification will be assigned to initiate a follow-up call to the housing provider. The 

Test Coordinator will let you know when such a call should be made. 

You will make three (3) attempts to make a follow-up call. You will ask to speak to 

the same housing provider with whom you spoke during your in-person visit. You 

will remind the housing provider who you are and what your modification request 

was (e.g., install a grab bar, lower light switches, etc.) 

95 
DISABILITY DISCRIMINATION STUDY – EXPLORATORY PHASE 

TEST INSTRUCTIONS 

SCENARIO: WHEELCHAIR USER – ELDERLY 

In-Person 

 Differential Treatment 

A. Conducting the Test 

In DDS, there are only two approaches that testers will make when conducting inperson tests: 

A tester will drop in to visit a housing provider in response to the advertised 

housing; 

or 

A tester will arrive for an appointment that was arranged by telephone with the 

housing provider in response to an advertisement. 

The approach to be made by a tester will be determined by the Test Coordinator and 

specified on the Test Assignment Form. 

There are some tasks that all DDS testers are expected to complete on every test of 

a housing provider. These tasks are detailed below and will always be attached to 

the Test Assignment Form. 

• Review your test assignment 

You should review your test assignment thoroughly and make sure you have 

memorized your characteristics. The housing provider may ask you questions about 

your personal situation or financial circumstances, and you will need to be prepared 

to answer them. 

• Take Notes 

It is essential that testers take good notes during the test if they are able to do so. 

It is perfectly natural for prospective renters to jot down information about the terms 

and conditions of renting available homes and apartments during their search for 

housing. You will need these notes in order to complete the test report forms and 

narrative after your test has been completed. 

96 
• Inquire about available rental housing 

Even if you have an appointment for your test, you should still confirm the availability 

of rental housing options when you arrive for your visit. Whether you drop in or 

arrive for your appointment, there is an order or sequence that you should follow in 

asking about available rental housing: 

Step 1 

Always inquire about the availability of any rental 

housing that has the same number of bedrooms as 

you are assigned. If it is available, express interest in 

it. Remember, the housing must be within your 

assigned price range and available when you need it. 

Step 2 

Always inquire about other rental housing that might 

meet your needs. Remember, the rental housing must 

be in your assigned price range and available when 

you need it, according to your assignment. 

If, at any point during the test, a housing provider offers or recommends that you 

consider a home or apartment, you should express interest in it, provided that the 

rental housing is within your price range and available when you need it. 

• Ask to inspect any available units 

You should ask to inspect any and all units that you are told are available that meet 

your needs. 

• Be prepared to show your driver’s license or other ID 

The housing provider might request to hold your driver’s license or other ID or a 

copy of it for security purposes prior to showing you rental units. Be agreeable to 

this request if your real name is being used. If the housing provider makes a copy of 

your license, make sure to get it back at the end of your visit. 

97 
• Obtain information about the available rental housing 

Testers must express interest in and obtain detailed information about homes or 

apartments that are suggested by a housing provider during a test. Whenever 

testers are informed about rental housing that meets their needs (i.e., bedroom size, 

price range and date of availability), it is vital that certain information is obtained 

about each home or apartment suggested, including the following: 

• Exact Address (including each Unit #) 

• Number of Bedrooms 

• Rent Price 

• Security Deposit 

• Utilities Included (if any) 

• Other Fees (if any) 

• Length of Lease 

• Date of Availability 

• Age Requirements 

• Income or Other Restrictions (if any) 

Testers may have to ask for some of the information listed above if it is not 

volunteered by the housing provider. 

Also, without asking for an application, testers will inquire about whether any fees 

must be paid in order to apply for available rental units. Specifically, you will need to 

find out the purpose and amount of any fees that you would need to pay at the time 

of application. Remember, testers will never complete a rental application or 

formally apply for any rental unit. It is reasonable, however, for a prospective renter 

to inquire about any application fees that might be required prior to deciding whether 

to apply for available rental housing. 

If the housing provider offers you a rental application, you should agree to take one 

with you and let the housing provider know that you will complete it if you decide 

later that you want to apply. 

98 
• IF YOU ARE TOLD ABOUT A WAITING LIST, please follow these simple 

instructions: 

• Ask how many people are on the waiting list. 

• Ask how long it might take to be offered a unit. 

• Do not ask to or agree to put your name on any waiting lists. 

• Obtain the name of the housing provider 

If the housing provider has not volunteered his or her name by the end of your visit, 

please ask for it. 

• Allow the housing provider to suggest any follow-up contact 

Every test that a tester makes to a housing provider will come to an end. Testers 

should not initiate, suggest or offer to make any arrangements for future contact with 

the housing provider. As a tester, you may thank a housing provider for his or her 

assistance, but you must refrain from suggesting that you will get back to the 

housing provider or that the housing provider should contact you. Please permit 

the housing provider to suggest any follow-up contact. 

99 
100 
ANNEX C 

Pilot Phase Scenarios 

and 

Tester Instructions 

101 
DDS Pilot Phase Scenarios 

Disability Category 

Communication Disability Wheelchair User 

Test Type Paired 

Phone 

Differential Treatment 

Paired 

In-Person 

Differential Treatment 

Accomodation (Parking) 

Unit Modification 

Number of Tests 100 100 

Scenario Non-disabled tester calls housing provider. Disabled 

tester calls housing provider by using TTY/TDD with 

relay operator. 

Test coordinator visits housing provider to assess 

visitability by wheelchair user of test site. (If test site is not 

visitable by wheelchair user, no test will be conducted, but 

limited information will be gathered for analysis purposes.) 

If test site is accessible, a test will be conducted. 

Testers Any Age Any Age 

Tester Disability 

Parameters 

Tester will need to be proficient in standard English 

writing. 

No cognitive or communicative disability. No service 

animal. May use a manual or motorized wheelchair or 

scooter. 

Test Team Disabled and non-disabled testers matched on race, 

gender, age range 

Disabled and non-disabled testers matched on race, 

gender, age range 

Assigned Financial 

Characteristics 

Both testers assigned income from employment that is 

sufficient to afford rent of target unit. Testers 62+ 

assigned retirement income sufficient to afford rent of 

target unit. 

Both testers assigned income from employment that is 

sufficient to afford rent of target unit. Testers 62+ assigned 

retirement income sufficient to afford rent of target unit. 

Other Assigned 

Characteristics 

Single adult; no children Single adult; no children. Reason for wheelchair will be 

assigned. 

Advance Call Inquire about availability, price, size, location, office 

hours. 

Inquire about availability, price, size, location, office hours, 

and if appointment necessary. 

Order of Calls or 

Visits 

Random order Random order 

Initial Contact Phone test- NO Appointment Calls; NO Visits Drop in unless an Appointment Call is indicated by 

Advance Call and/or ad. Appointment calls will be made by 

testers. 

Initial Housing 

Request 

“I am interested in the unit you have advertised for 

rent...” 

“I am interested in the unit you have advertised for rent...” 

Household Needs Size of unit, rent amount, date available determined by 

information gathered from advertisement and Advance 

Call 

Size of unit, rent amount, date available determined by 

information gathered from advertisement and Advance Call 

Other Units Additional or alternative units of different size, but within 

rent range if assigned unit not available 

Additional or alternative units of different size, but within 

rent range if assigned unit not available 

Inspection None “Can I inspect the available unit(s)?” 

Accommodation None Request for Parking (TBD) 

Unit Modification None One assigned from following: 

"Would you/Could I install a ramp into the unit?" 

“Would you/Could I I install grab bars in the bathroom?“ 

“Would you/Could I change doors to swing hinges?” 

“Would you/Could I lower the light switches?” 

“Would you/Could I change the doorknobs to levers?” 

102 
Disability Discrimination Study – Pilot Phase 

TEST INSTRUCTIONS 

Scenario: Communication Disability

 Telephone 

 Differential Treatment 

A. Conducting the Test 

There are some tasks that all DDS testers are expected to complete on 

every test of a housing provider. These tasks are detailed below and will 

always be attached to the Test Assignment Form. 

• Review and refer to your test assignment 

You should review your test assignment thoroughly and keep it with you during 

your telephone call so that you can refer to it if necessary. The housing provider 

may ask you questions about your personal situation or financial circumstances, 

and you will need to be prepared to answer them. 

• Call the housing provider in response to the advertised housing. Be 

persistent when trying to reach the housing provider 

The disabled tester will call the housing provider using a TTY/TDD machine and a 

relay operator. The non-disabled tester will call the housing provider directly. 

You will be required to make five (5) attempts to reach a housing provider within 

24 hours. You should call at different times of the day. Never leave a message on 

an answering machine or with a person who cannot discuss the housing with you. 

If you cannot reach the housing provider within 24 hours, notify your Test 

Coordinator. 

103 
• Take Notes 

It is essential that testers take good notes during the telephone call. You will 

need these notes in order to complete the test report forms and narrative after 

your test has been completed. 

• Inquire about the available rental housing 

You should confirm the availability of rental housing options when you call the 

housing provider. There is an order or sequence that you should follow in asking 

about available rental housing. 

Step 1 

Always inquire about the availability of any rental 

housing that has the same number of bedrooms as you 

are assigned. If it is available, express interest in it. 

Remember, the housing must be within your assigned 

price range and available when you need it. 

Step 2 

If no housing is available with the number of 

bedrooms assigned, inquire about any other rental 

housing that might meet your needs. Remember, 

the rental housing must be in your assigned price 

range and available when you need it, according to 

your assignment. 

If, at any point during the test, a housing provider offers or recommends that you 

consider a home or apartment, you should express interest in it, provided that the 

rental housing is (1) within your price range and (2) available for when you need it. 

• Obtain information about the available rental housing 

Testers must express interest in and obtain detailed information about homes or 

apartments that are suggested by a housing provider during the phone test. 

Whenever testers are informed about rental housing that meets their needs (i.e., 

bedroom size, price range and date of availability), it is vital that certain 

information is obtained about each home or apartment suggested, including the 

following: 

104 
• Exact Address (and floor the unit is located on) 

• Number of Bedrooms 

• Rent Price 

• Security Deposit 

• Other Fees (if any) 

• Length of Lease 

• Date of Availability 

Testers may have to ask for some of the information listed above if it is not 

volunteered by the housing provider. 

Also, testers will inquire about the application process and if any fee is required. 

Testers should also make note of the purpose and amount of any other fees and if 

those fees would need to be paid at the time of application. 

Remember, testers will never complete a rental application or formally apply for 

any rental unit. It is reasonable, however, for a prospective renter to inquire about 

any application fees that might be required prior to deciding whether to apply for 

available rental housing. 

If the housing provider asks if you would like an application mailed to you, be 

agreeable and provide your address. However, if the housing provider wants to 

make an appointment with you to come in to complete an application or view units, 

say that you are just beginning your housing search and are not interested in 

doing this at the present time. 

• IF YOU ARE TOLD ABOUT A WAITING LIST, please follow these simple 

instructions: 

 Ask how many people are on the waiting list. 

 Ask how long it might take to be offered a unit. 

 Do not ask or agree to put your name on any waiting lists. 

105 
• Obtain the name of the housing provider 

If the housing provider has not volunteered his or her name by the end of your call, 

please ask for it. 

• Allow the housing provider to suggest any follow-up contact 

Every call that a tester makes to a rental housing provider will come to an end. 

Testers should not initiate, suggest or offer to make any arrangements for future 

contact with the housing provider. As a tester, you may thank a housing provider 

for his or her assistance, but you must refrain from suggesting that you will get 

back to the housing provider or that the housing provider should contact you. 

Please permit the housing provider to suggest any follow-up contact. 

Following are some examples to illustrate how a test might unfold and how you should 

inquire about housing availability. These examples should NOT be viewed as “scripts” for how 

you should make your calls, but should serve as a guide on how to conduct the test while 

adhering strictly to the DDS protocols. 

106 
EXAMPLE 1 

Advertised Housing: 2-bedroom apartment available June 1st that rents for $1300. 

Tester Assignment: 2 bedroom apartment needed by June 15th . Rent limit is $1325. 

Housing Provider: Hello, Saguaro Apartments. 

Tester: Hi, I’m calling about the 2-bedroom apartment for rent. Is it still available? 

Housing Provider: No, I just rented that one. 

Tester: Do you have any other apartments that would be available by June 15th? 

Housing Provider: There is a 2-bedroom unit that should be available by the 15th. It rents for $1400. 

And then I will also have a 1-bedroom as well. That will rent for $1275. 

Tester: I’d be interested in the 1- bedroom then. Can you tell me about the unit? 

Housing Provider: It’s on the 4th floor of the building. The rooms are a nice size and there is plenty of 

light. The kitchen was updated a couple of years ago. There is laundry on the 

ground level of the building and an exercise room. 

Tester: Do you require a security deposit or any fees for applying? 

Housing Provider: The deposit is one month’s rent, but there aren’t any other fees. We do ask for 

 references though. 

Tester: And the apartment is available as of June 15th, right? How long is the lease? 

Housing Provider: It’s a one year lease usually. Yes, the apartment could be rented for June 15th. 

Tester: Thanks for the information. I’m calling about a few places I’ve seen advertised. 

What is your name, by the way? 

Housing Provider: Felipe. Well, if you want to take a look at it, just stop by. 

Tester: Ok. Thanks again. 

107 
EXAMPLE 2 

Advertised Housing: 2-bedroom apartment available June 1st that rents for $1300. 

Tester Assignment: 2-bedroom apartment needed by June 15th. Rent limit is $1325.

Disabled tester places call over a TTY/TTD machine via a relay operator. 

Housing Provider: Hello, Saguaro Apartments. 

Tester: Hi, I’m calling about the 2-bedroom apartment for rent. Is it still available? 

Housing Provider: What kind of call is this? 

Tester: I’m calling through a relay operator because I can’t speak to you directly. 

Housing Provider: I’m sorry. I’m not set up to take such a call. 

Tester: The relay operator can help us communicate. You don’t need anything special on

your end to take the call. 

Housing Provider: Sorry. I’m just swamped right now and can’t take the time. 

Tester: Can you tell me if the 2-bedroom apartment is still available? 

Housing Provider: No, it’s been rented. (hangs up phone) 

108 
DISABILITY DISCRIMINATION STUDY – PILOT PHASE 

TEST INSTRUCTIONS 

SCENARIO: WHEELCHAIR USER

 In-Person 

 Differential Treatment

 Unit Modification/Parking Accommodation 

A. Conducting the Test 

In DDS, there are only two approaches that testers will make when conducting in-person 

tests: 

 A tester will drop in to visit a housing provider in response to an 

advertisement or listing for available housing; 

or 

 A tester will arrive for an appointment that was arranged by telephone 

with the housing provider in response to an advertisement or listing 

for available housing. 

The approach to be made by a tester will be determined by the Test Coordinator and 

specified on the Test Assignment Form. 

There are some tasks that all DDS testers are expected to complete on every test of a 

housing provider. These tasks are detailed below and will always be attached to the Test 

Assignment Form. 

• Review your test assignment 

You should review your test assignment thoroughly and make sure you have 

memorized your characteristics. The housing provider may ask you questions 

about your personal situation or financial circumstances, and you will need to be 

prepared to answer them. 

• Take Notes 

It is essential that testers take good notes during the test. It is perfectly natural 

for prospective renters to jot down information about the terms and conditions of 

renting available homes and apartments during their search for housing. You will 

need these notes in order to fill out the Test Report Forms after your test has been 

completed. 

109 
• Inquire about available rental housing 

Even if you have an appointment for your test, you should still confirm the 

availability of rental housing options when you arrive for your visit. There is an 

order or sequence that you should follow in asking about available rental housing: 

Step 1 

Always inquire about the availability of any rental housing that has 

the same number of bedrooms as you are assigned. If it is available, 

express interest in it. Remember, the housing must not be over your 

maximum rent amount and available when you need it. 

Step 2 

If no housing is available with the number of bedrooms assigned, 

inquire about any other rental housing that might meet your needs, 

according to your assignment. It must (1) have at least the minimum 

number of bedrooms; (2) not be over your maximum rent amount; 

and (3) be available when you need it. 

If, at any point during the test, a housing provider offers or recommends that you 

consider a home or apartment, you should express interest in it, provided that the 

rental housing meets your needs according to your assignment. 

• Obtain information about the available rental housing 

Testers must express interest in and obtain detailed information about apartments 

that are suggested by a housing provider during a test. Whenever testers are 

informed about rental housing that meets their needs (i.e., bedroom size, price 

limit and date of availability), it is vital that certain information is obtained about 

each apartment suggested, including the following: 

• Exact Address (including unit #) 

• Number of Bedrooms 

• Rent Amount 

• Security Deposit 

• Other Fees (if any) 

• Length of Lease 

110 
• Date of Availability 

• Application Process 

Testers may have to ask for some of the information listed above if not 

volunteered by the housing provider. 

When testers inquire about the application process, they will ask if any fee is 

required. Testers should also make note of the purpose and amount of any other 

fees and if those fees would need to be paid at the time of application. 

Remember, testers will never ask for or complete a rental application or formally 

apply for any rental unit. 

If the housing provider offers you a rental application, you should agree to take 

one with you and let the housing provider know that you will complete it if you 

decide later that you want to apply. 

• Ask to inspect any available units 

After you are told about all units that are available that meet your needs, you will 

then ask to inspect them. You are to try to inspect ALL units that you are told are 

available. You should also be open to inspecting model units and units that are 

similar to the ones that are actually available (such as the manager’s unit). 

• Be prepared to show your driver’s license or other ID 

The housing provider might request to hold your driver’s license or other ID or a 

copy of it for security purposes prior to showing you rental units. Be agreeable to 

this request. If the housing provider makes a copy of your license, make sure to 

get it back at the end of your visit. 

• Ask for a Unit Modification (Disabled Testers Only) 

If a unit is available and you are able to inspect it, you will ask if you can make a 

unit modification. You should try to wait until AFTER you have been told about all 

available units before making this request. 

Please follow the order listed below to determine which type of unit modification 

you should request. You may ask for more than one modification for a specific 

type, as indicated. 

Modification Type 1: Modify unit entry way (you may ask for more than one 

of the following: widen doorway, remove threshold, install ramp, reverse swing 

of door) 

111 
Modification Type 2: Modify bathroom (you may ask for more than one of the 

following: widen doorway, remove cabinets under sink, install grab bars around 

toilet) 

Modification Type 3: Modify switches (you should ask for only one of the 

following: lower thermostat controls, lower light switches) 

Modification Type 4: Modify door handles (change doorknobs to levers) 

If you are unable to inspect an available unit [e.g., tenants still living there, housing 

provider can’t find the key, etc.], you should ask if you can install a grab bar 

around the toilet area. 

• Ask for a Parking Accommodation (Disabled Testers Only) 

If a unit is available and the test site has on-site parking, you will ask if a 

“handicapped-accessible” parking space can be made available near the unit or 

building entrance. If the housing provider says that another type of parking space 

could be made available to you, ask if the space can be made “handicapped 

accessible.” 

• If you are told about a Waiting List, please follow these instructions: 

o Ask how many people are on the waiting list. 

o Ask how long it might take to be offered a unit. 

o Do not ask to or agree to put your name on any waiting lists. 

• Obtain the name of the housing provider 

If the housing provider has not volunteered his or her name by the end of your 

visit, please ask for it. 

• Allow the housing provider to suggest any follow-up contact 

At the conclusion of your test visit, you should NOT initiate, suggest or offer to 

make any arrangements for future contact with the housing provider. You should 

simply thank the housing provider for his or her time and assistance, but you 

MUST NOT suggest any kind of follow-up, such as “I will call you when I decide.” 

Please let the housing provider suggest any follow-up contact. 

• Conduct tester-initiated follow-up, if instructed 

Testers who receive an inconclusive or vague answer to their request for unit 

modification will be assigned to initiate a follow-up call to the housing provider. 

The Test Coordinator will let you know when such a call should be made. 

112 
You will make three (3) attempts to make a follow-up call. You will ask to speak to 

the same housing provider with whom you spoke during your test visit. You will 

remind the housing provider who you are and what your request was (e.g., widen 

doorway, install a grab bar, lower light switches, etc.) 

Following are some examples to illustrate how a test might unfold and how you should inquire 

about housing availability, inspection, unit modification, and parking accommodation. These 

examples should NOT be viewed as “scripts” for how you should conduct your visit, but should 

serve as a guide to conducting the test while adhering strictly to the DDS protocols. 

Advertised Housing: 1-bedroom apartments from $480. 

Test Assignment: 1-bedroom needed by July 1st . Price limit is $520. 

Tester: Hi, I’m here about the 1-bedroom apartment that was advertised. Is it still 

available? 

Housing Provider: No, I’m sorry, it’s just been rented. 

Tester: Oh, that’s too bad. Would you have anything else available? 

Housing Provider: Well, we do have a 2-bedroom, but that’s going for $520. We will have 

another 1-bedroom August 1st. Would you like to see that one? 

Tester: I think I would be interested in the 2-bedroom. I really do need to find a 

 place by July 1st . Would I be able to see that unit right now? 

Housing Provider: Sure, it’s vacant now. (They enter the unit.) See, we’ve just painted the 

whole place and put in new tiling in the bathroom and kitchen. 

Tester: It looks nice. What kind of lease is there? 

Housing Provider: It’s a year lease for the first year and then month-to-month after that. The 

security deposit is one month’s rent. 

Tester: Sounds good. What would I need to do to apply if I were interested in this 

 unit? 

Housing Provider: You would need to fill out an application and there is a $25 credit check fee 

for each person in the household. 

Tester: That would be fine. Oh, you know, I would need a grab bar around the 

toilet area. Would I be able to put one in? 

Housing Provider: Well, I don’t know. I would have to talk to the owner. 

EXAMPLE 1 

113 
Tester: Okay, maybe you could find out for me. Oh and also, would I be able to 

get a parking space? I would need it to be handicapped-accessible and 

 close to the building entrance. 

Housing Provider: All the units come with an assigned parking space. 

Tester: Could the space be made accessible for my van and marked as 

 handicapped? 

Housing Provider: No, I’m sorry we couldn’t do that. 

Tester: Oh, okay, thanks...I’m sorry, what was your name again? 

Housing Provider: Uh, Joe. Yeah, okay. 

Tester: Thanks, Joe. 

EXAMPLE 2 

Advertised Housing: 1-bedroom apartments from $480. (Building does not have on-site 

parking.) 

Test Assignment: 1-bedroom needed by July 1st . Price limit is $520. 

Tester: Hi, I’m here about the 1-bedroom apartment that was advertised. Is it still 

available? 

Housing Provider: No, sorry, it’s already been rented. 

Tester: Well, would you have anything else available July 1st? 

Housing Provider: That’s the only 1-bedroom we had. I have a 2-bedroom available, but that

 is going for $500. 

Tester: Well, that’s in my price range. Would I be able to take a look at it today? 

Housing Provider: Uh, well, the tenants are still in there and I would need to give them 24-hour

notice. 

Tester: Oh, I see. Well, could you tell me about it then? 

Housing Provider: Well, what do you want to know? It’s a 2-bedroom on the 3rd floor, the rent 

is $500, and the security deposit is the same. 

Tester: And what kind of lease is required? 

Housing Provider: It’s a one-year lease, no exceptions. 

114 
Tester: That sounds fine. What would I need to do to if I wanted to apply? 

Housing Provider: You would need to fill out an application and there is a $25 credit check fee 

for each person in the household. Anything else? 

Tester: Well, yes, actually. If there isn’t already a grab bar around the toilet, do you 

think I could be put one in if I decided to rent the place? 

Housing Provider: No, that wouldn’t be possible. You know, we can’t have tenants just putting 

in anything they wanted. That would just be crazy. 

Tester: Okay, then. Thanks very much for your time, I’m sorry what did you say 

 your name was again. 

Housing Provider: Joe. 

Tester: Thanks, a lot, Joe. 

115 
116 
ANNEX D 

Test Report Forms 

(Pilot Phases 1 and 2) 

117 
Disability Discrimination Study

TEST AUTHORIZATION FORM

118 
Disability Discrimination Study 

ADVANCE CALL FORM 

Complete one form for each call attempted 

CONTROL # ___ ___ – ___ ___ – ___ ___ ___ ___ – D Person making call: 

Phone Number(s): (_____) ; (_____) 

Day of Week: Date: __ __/ __ __/ __ __ Time: __ __:__ __ AM PM 

1. Were you able to obtain housing information during this call? 

Yes (skip to Q2) No (go to Q1a) 

1a. If No, why not? 

Left Message on Voicemail, Answering Machine, or Paper 

Left Message with Person who did not have information 

 Told to Call Back Later 

Wrong Number 

No Answer 

 Telephone Number No Longer in Service 

Other (Specify): 

(SKIP to Question 7) 

2. Housing Information (enter one type of unit [i.e., bedroom size] per line): 

Address of Unit # of 

Bdrms 

# of 

Units 

Price Date 

Available* 

__ __/ __ __ 

Advertised Unit? 

a. Yes No Not Sure 

b. Yes No Not Sure 

c. Yes No Not Sure 

d. Yes No Not Sure 

e. Yes No Not Sure 

119 
3. If this is a multi-unit building, does it have 4 or fewer units? Yes No 

3a. If Yes, does the owner live in the building? Yes No 

4. What are the office hours (include weekend and evening hours where available)? 

For In-Person Tests 

5. Is it possible to drop in to speak with a housing provider about the available housing? 

Yes (you may drop in) No (you must have an appointment) 

5a. Verify the address to be visited: 

6. With whom did you speak? 

7. Is this the final advance call? Yes No 

7a. If Yes, based on the results of the advance call, is the housing ineligible for any reason? 

Yes No 

7b. If Yes, please specifiy the reason(s) for ineligibility: 

 Housing provider could not be reached after repeated attempts 

 Telephone number was no longer in service 

 Telephone number was incorrect

 No housing available

 Only housing available has 3 or more bedrooms 

 Small owner (4 units or fewer) 

 Single-Family Home

 Mobile Home 

 Seasonal/temporary/vacation/short-term 

 Outside of target area 

 Exceeds rent limit for target area 

 Share situation 

Sublet 

120 
 Apartment locator service 

For-Fee Service 

 Public/Section 8 housing/LIHTC development 

 Housing for older persons 

Other (specify): 

8. Comments: 

121 
Disability Discrimination Study

TEST ASSIGNMENT FORM - TTY 

122 
123 
Disability Discrimination Study

TEST REPORT FORM - TELEPHONE CALL

CONTROL # ___ ___ – ___ ___ – ___ ___ ___ ___ – D TESTER ID #: __ __ – __ __ __ 

1. Name of Test Site (if known): 

Phone Number(s): (_____) ; (_____) 

2. Address (if provided):

 (number) (street) 

(city) (state) (zip code) 

3. Date and Time of Call 

Date (month/day/year): _____/_____/_____ Day of week: 

Time: __ __:__ __ AM PM 

4. Time call began: __ __:__ __ AM PM 

Time call ended: __ __:__ __ AM PM 

5. This is call attempt number (circle): 1 2 3 4 5 

6. Was this call attempted using TTY/TDD- Relay Operator? Yes No 

7. Were you able to speak with a housing provider to discuss housing options? 

Yes 

No 

7a. If No, why not? 

 Told to call back later 

Wrong number 

 Housing provider hung up 

No answer 

 Telephone number no longer in service 

 Housing provider would not discuss housing

 Other (specify): 

(NOTE: IF NO, STOP HERE; DO NOT COMPLETE REST OF THE FORM) 

124 
8. Name of person with whom you spoke: 

9. When you asked about the availability for the type of rental housing that you were 

assigned 

(e.g., one bedroom), what were you told? [check only ONE box] 

 The rental housing is available when I need it

 The rental housing is NOT available when I need it 

 The housing provider did not know whether the rental housing was available 

Something else (specify): 

9a. How many units of this type were you told about? Units 

10. What were you told about any "other" rental housing ("other" rental housing has a different 

number of bedrooms than assigned, is within your price range, and is available when you 

need it)? [check only ONE box] 

 Other rental housing is available when I need it 

 Other rental housing is NOT available when I need it 

 The housing provider did not know whether other rental housing was available 

Something else (specify): 

10a. How many other units were you told about? Units 

11. How many TOTAL rental housing units did the housing provider tell you were available? 

(Add units from 9a and 10a) Units 

12. Did the housing provider tell you that an application form of some kind must be completed 

before renting a unit? 

Yes 

No 

12a. Did the housing provider invite you to come in and pick up an application or offer to send 

you 

one? 

Yes 

No 

12b. Did the housing provider tell you that a credit check was part of the application process? 

Yes 

No 

125 
12c. Did the housing provider tell you that a co-signer would be needed as part of the 

 application process?

 Yes 

No 

12d. Did the housing provider tell you that a criminal background check was part of the 

application process?

 Yes 

No 

13. Did the housing provider request information about your income, source of income or 

occupation?

 Yes 

No 

If yes, please record what the housing provider said? 

14. Did the housing provider make any remarks about disability or persons with disabilities? 

Yes 

No 

14a. If Yes, please record what the housing provider said: 

15. Did the housing provider make any remarks about accessibility or units that were

 "handicapped" accessible? 

Yes 

No 

15a. If Yes, please record what the housing provider said: 

126 
16. Did the housing provider make any remarks about race/ethnicity, religion, or families with 

children? 

Yes 

No 

16a. If Yes, please record what the housing provider said: 

17. Where you referred to the following during your call? 

 Assisted living 

 Nursing home 

Group home 

 Low income housing 

Other

 None 

18. What arrangements were made regarding future contact between you and the housing 

 provider [check all that apply]? 

 The housing provider said that he/she would call you back 

 The housing provider invited you to call him/her back 

 The housing provider invited you to come in to inspect units/pick up application 

 Future arrangements were not made 

Other (specify): 

19. When was this report completed? 

Date (month/day/year): _____/_____/_____ Day of week: 

Time: __ __:__ __ AM PM 

Did you receive assistance in completing form? Yes No 

If Yes, who assisted you? 

 (print) 

127 
Disability Discrimination Study

AVAILABLE RENTAL UNIT FORM (Telephone Call) 

CONTROL # ___ ___ – ___ ___ – ___ ___ ___ ___ – D TESTER ID #: __ __ – __ __ __ 

1. Address: 

(number) (street) (unit #) 

(city) (state) (zip code) 

2. Type of building: 

 Multi-unit building with 5 or more units (apartments, condos, etc.) 

 Single family home 

Mobile home 

 Something else (e.g., apartment building with 4 or fewer units) 

Basic Information 

3. Is this the advertised unit? Yes No Not Sure 

4. Date available: / / 

5. How much is the rent? $ / month 

6. Number of bedrooms: 

7. How many floors in the building? 

8. Unit is on what floor? 

9. What did the housing provider tell you about the unit's accessibility? 

 Unit is "handicapped" accessible 

 Unit is not "handicapped" accessible 

 Unit accessibility was not discussed 

10. Length of lease? (check all that apply) 

Month-to-month One-year 

Three-month Two-year 

 Six-month Other (specify): 

128 
11. FEES (e.g., pet fee, parking, cleaning, etc.) 

Name/Purpose

Application

 Amount

 $ 

Security Deposit $ 

$ 

$ 

$ 

$ 

 When Paid? How Often? 

At Application 

After Move in 

One-time

 Monthly 

At Application 

After Move in 

One-time

 Monthly 

At Application 

After Move in 

One-time

 Monthly 

At Application 

After Move in 

One-time

 Monthly 

At Application 

After Move in 

One-time

 Monthly 

At Application 

After Move in 

One-time

 Monthly 

11a. Did the housing provider say that any of the above fees were negotiable?

 Yes No 

11b. If yes, what did the housing provider say? 

129 
Waiting List 

12. Were you told that there was a waiting list for this unit? Yes No 

12a. If Yes, how many people were you told were on the list? 

12b. If Yes, how long would it take to be offered a unit? 

12c. If Yes, did the housing provider offer to place your name on the list? Yes No 

Financial Incentives / Specials 

13. Did the housing provider inform you that you might be able to take advantage of any 

financial 

incentives or specials if you decided to apply for and/or rent this unit? 

Yes No 

13a. If Yes, what were you told? 

Date form completed: ___ ___ / ___ ___ / ___ ___ 

Did you receive assistance in completing form? Yes No 

Person completing form:

 (print) 

130 
Disability Discrimination Study

FOLLOW-UP CONTACT FORM 

• COMPLETE ONE FORM FOR EACH CONTACT 

• DO NOT USE THIS FORM FOR APPOINTMENT CALLS 

• TESTER: NOTIFY TEST COORDINATOR OF ANY CONTACT AND FORWARD MATERIALS 

RECEIVED 

CONTROL # ___ ___ – ___ ___ – ___ ___ ___ ___ – D TESTER ID #: __ __ – __ __ __ 

1. Date and time of contact: 

 Day of the week: 

Date: ___ ___/ ___ ___/ ___ ___ 

Time: ____:____ AM PM 

2. Type of Contact: 

 Telephone call to tester at home 

 Telephone message left at tester's home 

 Voice Mail message retrieved by Test Coordinator 

Postal mail 

E-mail 

Other (specify): 

3. Name of person making contact: 

4. Name of agency (if given): 

5. What was the stated purpose of the contact? (check all that apply) 

 Housing provider wanted to see if tester is still interested in renting 

 Housing provider wanted to let tester know about more available units

 Housing provider wanted to get more information from tester 

 Housing provider wanted to provide information about accommodation/ 

 modification 

 Housing provider wanted to thank tester 

Other (specify): 

6. Describe any materials received: 

131 
Disability Discrimination Study 

TEST ASSIGNMENT FORM - Wheelchair User, In-Person 

132 
133 
134 
Disability Discrimination Study

TEST REPORT FORM (In-person) 

CONTROL # ___ ___ – ___ ___ – ___ ___ ___ ___ – D TESTER ID #: __ __ – __ __ __ 

1. Name of Test Site (if available): 

2. Address: 

(number) (street) 

(city) (state) (zip code) 

3. Type of Visit: Drop-In Appointment 

4. Date and Time of Site Visit: 

Date (month/day/year): _____/_____/_____ Day of week: 

Assigned Time (if applicable): __ __:__ __ AM PM 

Appointment Time (if applicable): __ __:__ __ AM PM 

5. Time visit began: __ __:__ __ AM PM 

Time visit ended: __ __:__ __ AM PM 

6. Information on the primary person with whom you had contact during your visit: 

Name: 

Position: 

Approximate Age: Race/ethnicity: 

Gender: M F 

Discernable disability: Yes No 

If Yes, please specify: 

7. Were you able to meet with a housing provider to discuss housing options? 

Yes 

No 

7a. If No, why not? 

(NOTE: IF NO, STOP HERE; DO NOT COMPLETE REST OF THE FORM) 

135 
8. If you had an appointment, how many minutes did you wait to meet with someone (i.e. 

between the time you were greeted by someone when you entered and the time you met 

with the housing provider? 

minutes 

9. When you asked about the availability for the type of rental housing that you were 

assigned 

(e.g., one bedroom), what were you told? [check only ONE box] 

 The rental housing is available when I need it

 The rental housing is NOT available when I need it 

 The housing provider did not know whether the rental housing was available 

Something else (specify): 

9a. How many units of this type were you told about? Units 

10. What were you told about any "other" rental housing ("other" rental housing has a different 

number of bedrooms than assigned, is within your price range, and is available when you 

need it)? [check only ONE box] 

 Other rental housing is available when I need it 

 Other rental housing is NOT available when I need it 

 The housing provider did not know whether other rental housing was available 

Something else (specify): 

10a. How many other units were you told about? Units 

11. How many TOTAL rental housing units did the housing provider tell you were available? 

(Add units from 9a and 10a) Units 

12. Did the housing provider tell you that an application form of some kind must be completed 

before renting a unit? 

Yes 

No 

12a. Did the housing provider ask you to complete an application during your visit or give you 

an application to take with you? 

Yes 

No 

136 
12b. Did the housing provider tell you that a credit check was part of the application process? 

Yes 

No 

12c. Did the housing provider tell you that you would need a co-signer as part of the

 application process?

 Yes 

No 

12d. Did the housing provider tell you that a criminal background check was part of the 

application process?

 Yes 

No 

13. Did the housing provider request information about your income, source of income or 

occupation?

 Yes 

No 

If yes, please record what the housing provider said? 

14. Were you referred to the following during your visit? 

 Assisted living 

 Nursing home 

Group home 

 Low income housing 

Other:

 None 

15. Did the housing provider make any remarks about disability or persons with disabilities? 

Yes 

No 

137 
15a. If Yes, please record what the housing provider said: 

16. Did the housing provider make any remarks about accessibility or units that were

 "handicapped" accessible? 

Yes 

No 

16a. If Yes, please record what the housing provider said: 

17. Did the housing provider make any remarks about race/ethnicity, religion, or families with

 children? 

Yes 

No 

17a. If Yes, please record what the housing provider said: 

18. Did the housing provider provide you with any of the following items THAT YOU DID NOT

 ASK FOR? 

Business card 

Brochure 

 Floor plan

 Listing of available units 

 Lease/Rental Agreement 

Gift 

Other (specify):

138 
19. What arrangements were made regarding future contact between you and the housing

 provider [check all that apply]? 

 The housing provider said that he/she would contact you 

 The housing provider invited you to call him/her 

 Future arrangements were not made 

Other (specify):

20. When was this report completed? 

Date (month/day/year): _____/_____/_____ Day of week: 

Time: __ __:__ __ AM PM 

Did you receive assistance in completing form? Yes No 

If Yes, who assisted you? 

 (print) 

139 
_________________________________________________________ 

_________________________________________________________ 

_________________________________________________________ 

UNIT MODIFICATION (for disabled testers only) 

Q1. Which modification did you ask to make? (Check one category) 

 Modify entry (check all that apply) 

__ Install ramp 

__ Widen doorway 

__ Remove threshold 

__ Reverse swing of door 

 Modify bathroom (check all that apply) 

__ Widen doorway 

__ Remove cabinets under sink 

__ Install grab bars around toilet 

 Modify switches (check one) 

__ Lower thermostat controls 

__ Lower light switches 

 Change doorknobs to levers 

Q2. When you asked the housing provider if you could make the unit modification, what were 

you told? 

 The housing provider said that I could make the unit modification myself and pay 

for it (answer Q3). 

 The housing provider would make the unit modification, but I would have to pay 

for it (answer Q3). 

 The housing provider would make the unit modification at no cost to me (answer 

Q3). 

 The housing provider agreed to make some of the modifications and not others. 

Please explain:______________________________________ 

 The housing provider would not allow me to make the unit modification. 

 The housing provider had to check with someone else to see if the unit 

modification could be made. 

 The housing provider had to check to see how much the unit modification costs. 

 The housing provider did not know if the unit modification could be made, and did 

not offer to find out. 

 Something else:_____________________________________________ 

140 
________________________________________________________________ 

________________________________________________________________ 

________________________________________________________________ 

Q3. Did the housing provider tell you that any conditions would be imposed if the unit 

modification were to be made (e.g., insurance, licensed contractor, waiver of liability, return 

to original state, extra deposit)? 

 Yes 

 No 

Q3a. If Yes, please describe? ______________________________________________ 

141 
__________________________________________________________ 

________________________________________________________________ 

____________________________________________________ 

______________________________________________________________________ 

______________________________________________________________________ 

______________________________________________________________________ 

PARKING ACCOMMODATION (for disabled testers only) 

Q1. When you asked the housing provider if a “handicapped-accessible” parking space could 

be made available near an available unit / the building entrance, what were you told? 

 A “handicapped-accessible” parking space could be made available near an 

available unit / the building entrance (answer Q2). 

 A “handicapped-accessible” parking space could be made available, but not near 

an available unit / the building entrance (answer Q2). 

 A “handicapped-accessible” parking space could NOT be made available. 

 There is no “handicapped-accessible” parking. 

 The housing provider had to check with someone else to see if a “handicappedaccessible” parking space could be made available. 

 The housing provider had to check to see how much the “handicappedaccessible” parking space costs. 

 The housing provider did not know if a “handicapped-accessible” parking space 

could be made available, and did not offer to find out. 

 Something else: _____________________________________________ 

Q2. Did the housing provider tell you that any conditions would be imposed if the parking 

accommodation were to be made (e.g., additional cost). 

 Yes 

 No 

Q2a. If Yes, please describe? ___________________________________________________ 

142 
Disability Discrimination Study

AVAILABLE RENTAL UNIT FORM 

In-Person Visit 

CONTROL # ___ ___ – ___ ___ – ___ ___ ___ ___ – D TESTER ID #: __ __ – __ __ __ 

1. Address: 

(number) (street) (unit #) 

(city) (state) (zip code) 

2. Type of building: 

 Multi-unit building with 5 or more units (apartments, condos, etc.) 

 Single family home 

Mobile home 

 Something else (e.g., apartment building with 4 or fewer units) 

Basic Information 

3. Is this the advertised unit? Yes No Not Sure 

4. What did you inspect? 

Available unit 

 Other unit similar to the available unit (e.g., model, manager's unit, recently rented 

unit) 

Nothing 

5. Date available: / / 

6. How much is the rent? $ / month 

7. Number of bedrooms: 

8. How many floors in the building? 

9. Which floor is the unit on? 

10. What did the housing provider tell you about the unit's accessibility? 

 Unit is "handicapped" accessible 

 Unit is not "handicapped" accessible 

 Unit accessibility was not discussed 

143 
11. Length of lease? (check all that apply) 

Month-to-month One-year 

Three-month Two-year 

 Six-month Other (specify): 

12. FEES (e.g., pet fee, parking, cleaning, etc.) 

Name/Purpose Amount When Paid? How Often? 

Application $ At Application One-time

 After Move in Monthly 

Security Deposit $ At Application One-time

 After Move in Monthly 

$ At Application One-time

 After Move in Monthly 

$ At Application One-time

 After Move in Monthly 

$ At Application One-time

 After Move in Monthly 

$ At Application One-time

 After Move in Monthly 

12a. Did the housing provider say that any of the above fees were negotiable?

 Yes No 

12b. If yes, what did the housing provider say? 

144 
Waiting List 

13. Were you told that there was a waiting list for this unit? Yes No 

13a. If Yes, how many people were you told were on the list? 

13b. If Yes, how long would it take to be offered a unit? 

13c. If Yes, did the housing provider offer to place your name on the list? Yes No 

Financial Incentives / Specials 

14. Did the housing provider inform you that you might be able to take advantage of any 

financial 

incentives or specials if you decided to apply for and/or rent this unit? 

Yes No 

14a. If Yes, what were you told? 

Date form completed: ___ ___ / ___ ___ / ___ ___ 

Did you receive assistance in completing form? Yes No 

Person completing form:

 (print) 

145 
Disability Discrimination Study

TESTER-INITIATED FOLLOW-UP FORM 

CONTROL # ___ ___ – ___ ___ – ___ ___ ___ ___ – D TESTER ID #: __ __ – __ __ __ 

1. Phone number called: (_____) -

2. Date and time of contact: 

 Day of the week: 

Date: ___ ___/ ___ ___/ ___ ___ 

Time: ____:____ AM PM 

3. This is call attempt number (circle): 1 2 3 

4. Was the follow-up call completed? 

Yes (go to Q5) 

No (check one box below) 

 Left message on voice mail, pager, etc. 

 Left message with person 

 Told to call back later 

No answer 

 Telephone number no longer in service 

Other (specify):

5. When you asked the housing provider if you could make the unit modification, 

what were you told? 

The housing provider said that I could make the unit modification 

myself and pay for it. 

The housing provider would make the unit modification, but I would have to 

pay for it. 

The housing provider would make the unit modification at no cost to me. 

 The housing provider would not allow me to make the unit modification. 

 The housing provider still did not know if I could make the unit modification. 

 The housing provider said the unit was no longer available. 

Something else: 

146 
6. Comments made by the housing provider: 

147 
Disability Discrimination Study

FOLLOW-UP CONTACT FORM 

• COMPLETE ONE FORM FOR EACH CONTACT 

• DO NOT USE THIS FORM FOR APPOINTMENT CALLS 

• TESTER: NOTIFY TEST COORDINATOR OF ANY CONTACT AND FORWARD MATERIALS RECEIVED 

CONTROL # ___ ___ – ___ ___ – ___ ___ ___ ___ – D TESTER ID #: __ __ – __ __ __ 

1. Date and time of contact: 

 Day of the week: 

Date: ___ ___/ ___ ___/ ___ ___ 

Time: ____:____ AM PM 

2. Type of Contact: 

 Telephone call to tester at home 

 Telephone message left at tester's home 

 Voice Mail message retrieved by Test Coordinator 

Postal mail 

E-mail 

Other (specify): 

3. Name of person making contact: 

4. Name of agency (if given): 

5. What was the stated purpose of the contact? (check all that apply) 

 Housing provider wanted to see if tester is still interested in renting 

 Housing provider wanted to let tester know about more available units

 Housing provider wanted to get more information from tester 

 Housing provider wanted to provide information about accommodation/ 

 modification 

 Housing provider wanted to thank tester 

Other (specify): 

6. Describe any materials received: 

148 
ANNEX E 

Site Visitability Checklist 

149 
__________________________________________________________________________ 

__________________________________________________________________________ 

__________________________________________________________________________ 

______________________________________________________________________ 

SITE VISITABILITY CHECKLIST 

(Building Assessment) 

CONTROL # ___ ___ – ___ ___ – ___ ___ ___ ___ TC ID #: __ __ – __ __ __ 

Name of development (if applicable): ______ 

Address: ________ _ 

(number) (street)

 _________________ 

(city) (zip code, if known) 

Date of Assessment: ___ ___/___ ___/___ ___ 

Site is: 

 Visitable 

 Not Visitable (check all that apply) 

 All units have exterior steps 

 All units are multi-story town houses 

 All units are built over individual garages 

 Route from parking to building lacks accessible curb cuts 

 Route from parking to building entrance has steps or steep slopes 

 Entrance to building has steps 

 Entrance to building has steep slopes without handrails or edge 

protection 

 Exterior door to building is too narrow (less than 32 inches wide) 

 Other: ______________________________________________ 

Other comments on site: 

150 
_____________________________________________________________________ 

Additional information about design and construction (optional): 

 Units appear to have been constructed since 1991 

 Housing is neither multi-story townhouse nor constructed over individual garages 

 Properties have four or more units 

 Building appears to have elevator 

 Building has ground floor units 

 Approximate number of units _______ 

 Other __________________________________________________________ 

151 
152 
ANNEX F 

List of HUD HUB Offices 

153 
HUB Offices for the Office of Fair Housing and Equal Opportunity, Department of 

Housing and Urban Development 

CONNECTICUT, MAINE, MASSACHUSETTS, NEW HAMPSHIRE, RHODE ISLAND, 

VERMONT 

Marcella Brown, Director 

Office of Fair Housing and Equal Opportunity 

Thomas P. O’Neill, Jr. Federal Building 

10 Causeway Street 

Room 321 

Boston, Massachusetts 02222-1092 

(617) 994-8300 

1-800-827-5005 

TTY (617) 565-5453 

NEW JERSEY AND NEW YORK 

Stanley Seidenfeld, Director 

Office of Fair Housing and Equal Opportunity 

26 Federal Plaza 

Room 3532 

New York, New York 10278-0068 

Phone: (212) 542-7519 

1-800-496-4294 

TTY (212) 264-0927 

DELAWARE, DISTRICT OF COLUMBIA, MARYLAND, PENNSYLVANIA, VIRGINIA, WEST 

VIRGINIA 

Wanda Nieves, Director 

Office of Fair Housing and Equal Opportunity 

The Wanamaker Building 

100 Penn Square East, 12th Floor 

Philadelphia, Pennsylvania 19207-3380 

(215) 656-0663 

1-888-799-2085 

TTY (215) 656-3450 

ALABAMA, THE CARIBBEAN, FLORIDA, GEORGIA, KENTUCKY, MISSISSIPPI, 

NORTH CAROLINA, SOUTH CAROLINA, TENNESSEE 

James Sutton, Director 

Office of Fair Housing and Equal Opportunity 

Five Points Marietta Plaza 

40 Marietta Street 

16th Floor 

Atlanta, Georgia 30303-2806 

(404) 331-5140 

1-800-440-8091 

TTY (404) 730-2654 

154 
ILLINOIS, INDIANA, MICHIGAN, MINNESOTA, OHIO, WISCONSIN 

Barbara Knox, Director 

Office of Fair Housing and Equal Opportunity 

Ralph E. Metcalfe Federal Building 

77 West Jackson Blvd. 

Room 2101 

Chicago, Illinois 60604-3507 

(312) 353-7776 

1-800-765-9372 

TTY (312) 353-7143 

ARKANSAS, LOUISIANA, NEW MEXICO, OKLAHOMA, TEXAS 

Gary Sweeney, Director 

Office of Fair Housing and Equal Opportunity 

801 Cherry Street 

27th Floor 

RO Box 2905 

Ft. Worth, Texas 76113-2905 

(817) 978-5900 

1-800-669-9777 

TTY (817) 978-5595 

IOWA, KANSAS, MISSOURI, NEBRASKA 

Robbie Herndon, Director 

Office of Fair Housing and Equal Opportunity 

Gateway Tower II 

400 State Street 

Room 200 

Kansas City, Kansas 66101-2406 

(913) 551-6958 

1-800-743-5323 

TTY (913) 551-6972 

COLORADO, MONTANA, NORTH DAKOTA, SOUTH DAKOTA, WYOMING 

Evy Meininger, Director 

Office of Fair Housing and Equal Opportunity 

633 17th Street 

13th Floor 

Denver, Colorado 80202-3690 

(303) 672-5437, ext. 1364 

1-800-877-7353 

TTY (303) 672-5248 

155 
ARIZONA, CALIFORNIA, HAWAII, NEVADA 

Chuck Hauptman, Director 

Office of Fair Housing and Equal Opportunity 

600 Harrison Street 

San Francisco, California 94107-1300 

(415) 489-6400 

1-800-347-3739 

TTY (415) 436-6594 

ALASKA, IDAHO, OREGON, WASHINGTON 

Judith Keeler, Director 

Office of Fair Housing and Equal Opportunity 

Seattle Federal Office Building 

909 First Avenue 

Room 205 

Seattle, Washington 98104-1000 

(206) 220-5170 

1-800-877-0246 

TTY (206) 220-5185 

156 
ANNEX G 

List of State and 

Local FHAP Agencies 

157 
ARIZONA 

State Agency: 

Localities: 

ARKANSAS 

State Agency: 

CALIFORNIA 

State Agency: 

FHAP AGENCY NAMES & ADDRESSES

March 23, 2005 

Total Number of equivalent states: 37 

(Including the District of Columbia) 

Total Number of equivalent jurisdictions: 65 

Combined Total: 102 

Ms. Virginia Herrera-Gonzales 

 Chief Counsel 

Civil Rights and Conflict Resolution Section 

Arizona Attorney General’s Office 

 1275 West Washington Street 

 Phoenix, AZ 85007-2926 

(602) 542-5263 

Ms. Carole Coles Henry 

Acting Director 

City of Phoenix Equal Opportunity Department 

 251 West Washington St., 7th Floor 

 Phoenix, AZ 85003 

(602) 262-7716 

Mr. Dan Kroha 

 Director

 Arkansas Fair Housing Commission 

101 E Capitol, Suite 114 

Little Rock, AR 72201 

(501) 682-3247 

Ms. Jill Peterson 

Acting Director 

California Department of Fair Employment and Housing 

 2014 “T” Street, Suite 210 

 Sacramento, CA 95814 

(916) 227-2873 

158 
COLORADO 

State Agency: Mr. Wendell Pryor 

Director 

Colorado Civil Rights Division 

 1560 Broadway, Suite 1050 

 Denver, CO 80202 

(303) 894-2997 

CONNECTICUT 

State Agency: Mr. R. Hamisi Ingram 

 Executive Director 

Connecticut Commission on Human Rights and Opportunities 

 21 Grand Street 

 Hartford, CT 06106 

(860) 541-3400 

DELAWARE 

State Agency: Ms. Juana Fuentes-Bowles 

Executive Director 

Delaware Division of Human Relations 

State Office Building 

820 North French Street, 4th Floor 

 Wilmington, DE 19801 

(302) 577-5050 

DISTRICT OF COLUMBIA 

 Mr. Kenneth Saunders

 Director 

 District of Columbia Office of Human Rights 

 441 4th Street, NW, Suite 570 North 

Washington, DC 20001 

(202) 727-4559 

FLORIDA 

State Agency: Mr. Derick Daniels 

Executive Director 

Florida Commission on Human Relations 

2009 Apalachee Parkway, Suite 100 

 Tallahassee, FL 32301 

(850) 488-7082 

159 
Localities: Ms. Susie Copeland 

 Director 

City of Bradenton 

Community Development Department 

 914 7th Avenue, East 

 Bradenton, FL 34208 

(941) 714-7507 

Mr. Kirk Rascoe 

Director, Civil Rights Division 

Broward County Office of Equal Opportunity 

115 S. Andrews Avenue, Room A680 

Fort Lauderdale, Florida 33301 

Ms. Gail Williams 

Director 

Hillsborough County Board of County Commissioners 

County Center Building, 2nd Floor 

601 East Kennedy 

Tampa, FL 33602 

(813) 272-5735 

Ms. Kamala Corbett 

 Program Manager 

Lee County Office of Equal Opportunity 

 2115 2nd Street, 4th Floor 

Fort Myers, FL 33901 

(239) 335-2267 

Ms. Charlene Taylor Hill 

 Executive Director 

 Jacksonville Human Rights Commission 

117 West Duval Street, Suite 350 

 Jacksonville, FL 32202 

(904) 630-4911 

 Mr. Reginald McGill 

 Director

 Orlando Human Relations Department 

 400 South Orange Avenue 

 Orlando, FL 32801 

(407) 246-3788 

160 
GEORGIA 

State Agency: 

HAWAII 

State Agency: 

 Mr. Harry Lamb, Jr. 

 Director 

Palm Beach County Office of Human Rights 

215 North Olive Avenue, Suite 130 

West Palm Beach, FL 33401 

(561) 355-4883 

 Mr. Leon W. Russell 

Human Rights Equal Opportunity Officer 

 Pinellas County Office of Human Rights 

 315 Court Street 

 Clearwater, FL 33756 

(727) 464-4880 

 Ms. Teresa Jones 

 Director

 St. Petersburg Human Relations Department 

 175 5th Street North 

St. Petersburg, FL 33701 

(727) 893-7345 

 Mr. Charles F. Hearns 

Administrator 

Tampa Office of Human Rights 

 102 East 7th Avenue 

 Tampa, FL 33602 

(813) 274-5835 

Mr. Gordon Joyner 

Executive Director and Administrator 

Georgia Commission on Equal Opportunity 

710 International Tower, Peachtree Center 

 229 Peachtree Street, NE 

 Atlanta, GA 30303-1605 

(404) 656-1736 

Mr. William D. Hoshijo 

Executive Director 

Hawaii Civil Rights Commission 

830 Punchbowl Street, Room 411 

 Honolulu, HI 96813 

(808) 586-8636 

161 
ILLINOIS 

State Agency: 

Localities: 

INDIANA 

State Agency: 

Localities: 

Mr. Rocco J. Claps 

 Director

 Illinois Department of Human Rights 

 Suite 100, 10th Floor 

 100 West Randolph Street 

 Chicago, IL 60601 

(312) 814-3340 

Mr. Sandy Robinson 

Executive Director 

Springfield Community Relations Commission 

800 East Monroe Street, Room 108 

 Springfield, IL 62701 

(217) 789-2271 

Ms. Sandra Leek 

Executive Director 

Indiana Civil Rights Commission 

 Indiana Government Center North 

100 North Senate Avenue, Room N-103 

 Indianapolis, IN 46204-2255 

(317) 232-2600 

Ms. Traci Porter 

Director 

Elkhart Human Relations Commission 

 Municipal Building 

 229 South Second Street 

 Elkhart, IN 46516 

(574) 294-5471 

Mr. Gregory Shade 

 Director

 Fort Wayne Metropolitan Human Relations Commission

 One Main Street 

 City-County Building, Room 680 

 Fort Wayne, IN 46802 

(260) 427-1146 

162 
IOWA 

State Agency: 

Localities: 

Ms. Doris Carbins 

 Executive Director 

 Gary Human Relations Commission 

 504 Broadway, Suite 1016 

 Gary, IN 46402 

(219) 883-4151 

Ms. Lynn Bloom 

 Executive Director 

 Hammond Human Relations Commission 

5925 Calumet Avenue, Room 320 

 Hammond, IN 46320 

(219) 853-6502 

 Mr. Lonnie L. Douglas

 Executive Director 

South Bend Human Rights Commission 

301 South St. Louis Blvd. 

 South Bend, IN 46617 

(574) 235-9355 

Mr. Ralph Rosenberg 

Executive Director 

Iowa Civil Rights Commission 

 Grimes State Office Building 

 400 East 14th Street 

 Des Moines, IA 50309 

(515) 281-4121 

Ms. Louise W. Lorenz 

Director 

Cedar Rapids Civil Rights Commission 

 City Hall, Second Floor 

 Cedar Rapids, IA 52401-1256 

(319) 286-5036 

 Ms. Judith J. Morrell 

 Director

 Davenport Civil Rights Commission 

 226 West 4th Street 

 Davenport, IA 52801 

(563) 326-7888 

163 
KANSAS 

Localities: 

 Mr. Floyd A. Jones 

 Executive Director 

Des Moines Human Rights Commission 

 602 East First Street 

 Des Moines, IA 50309-1881 

(515) 283-4284 

 Ms. Kelly Larson 

 Executive Director 

 Dubuque Human Rights Commission 

 City Hall Annex 

1300 Main Street 

 Dubuque, IA 52001-4732 

(563) 589-4190 

 Mr. Lionel J. Foster 

 Director

Mason City Human Rights Commission 

 10 First Street, N.W. 

 Mason City, IA 50401 

(641) 421-3618 

Ms. Karen Mackey 

Executive Director 

Sioux City Human Rights Commission 

425 Orpheum Electric Building 

520 Pierce Street 

Sioux City, IA 51101 

(712) 279-6985 

 Mr. Walter Reed, Jr. 

 Executive Director 

Waterloo Commission on Human Rights 

620 Mulberry Street, Suite 101 

 Waterloo, IA 50703 

(319) 291-4441 

Mr. Rehelio A. Samuel 

 Executive Director 

 Lawrence Human Relations Commission 

 6 East 6th Street, Room 315 

 Lawrence, KS 66044 

(785) 832-3310 

164 
KENTUCKY 

State Agency: 

Localities: 

Mr. Michael Bates 

 Executive Director 

Community and Neighborhood Services Department 

 City of Olathe 

 200 West Santa Fe 

 Olathe, KS 66061 

(913) 971-6649 

 Ms. Kaye J. Crawford

 Executive Director 

 Salina Human Relations Department 

 300 West Ash 

 Salina, KS 67402-0736 

(785) 309-5745 

Mr. Robert Buggs 

Interim Director 

City of Topeka Human Relations Commission 

215 S.E. 7th Street, Room 170 

Topeka, KS 66603 

(785) 368-3606 

Mr. Morgan Ransdell 

 Executive Director 

Kentucky Commission on Human Rights 

 332 West Broadway, 7th Floor 

 Louisville, KY 40202-0069 

(502) 595-4024 

Mr. William D. Wharton 

Executive Director 

Lexington-Fayette Urban County Human Rights 

 Commission 

162 East Main Street, Suite 226 

 Lexington, KY 40507 

(859) 252-4931 

Ms. Kellie Whatson 

 Executive Director 

Louisville Metro Human Relations 

Commission 

 410 West Chestnut Street, Suite 300A 

 Louisville, KY 40202 

(502) 574-3631 

165 
LOUISIANA 

State Agency: 

MAINE 

State Agency: 

MARYLAND 

State Agency: 

MASSACHUSETTS 

State Agency: 

Localities: 

Mr. John B. Shepard, Jr. 

 Director 

Louisiana Public Protection Division 

 One American Place 

 301 Main Street, 6th Floor 

Baton Rouge, LA 70801 

(225) 326-6400 

Ms. Patricia E. Ryan 

Executive Director 

Maine Human Rights Commission 

 51 State House Station 

 Augusta, ME 04333-0051 

(207) 624-6050 

Mr. Henry B. Ford 

 Executive Director 

Maryland Commission on Human Relations 

William Donald-Schafer Towers 

6 St. Paul Street, Suite 900 

 Baltimore, MD 21202 

(410) 767-8600 

Ms. Dorca Gomez 

Chairperson 

Massachusetts Commission Against Discrimination 

 Room 601 

 1 Ashburton Place, 6th Floor 

 Boston, MA 02108 

(617) 727-3990 

Ms. Victoria L. Williams 

Director 

Boston Fair Housing Commission 

City of Boston Office of Civil Rights 

One City Hall Plaza, Suite 966 

Boston, MA 02201 

(617) 635-4408 

166 
Mr. Quoc Tran 

 Executive Director 

Cambridge Human Rights Commission 

 51 Inman Street, 2nd Floor 

Cambridge, MA 02139 

(617) 349-4396 

MICHIGAN 

State Agency: Ms. Linda Parker 

 Director 

Michigan Department of Civil Rights 

 Capital Town Building 

110 W. Michigan Avenue, Suite 800 

 Lansing, MI 48913 

(517) 335-3165 

MISSOURI 

State Agency: Ms. Donna Cavitte 

Executive Director 

Missouri Commission on Human Rights, Department of Labor and 

 Industrial Relations, P.O. Box 1129 

3315 West Truman Boulevard, Suite 212 

 Jefferson City, MO 65109 

 (573) 522-1019 

Localities: Mr. Mickey Dean 

Interim Director 

Kansas City (MO) Human Relations Department 

 City Hall, 4th Floor 

 414 East 12th Street 

 Kansas City, MO 64106 

(816) 513-1836 

NEBRASKA 

State Agency: Mr. Alfonzo Whitaker 

Executive Director 

Nebraska Equal Opportunity Commission 

 State Office Building, 5th Floor 

 301 Centennial Mall, South 

 Lincoln, NE 68509-4934 

(402) 471-2024 

167 
 Localities: 

NEW JERSEY 

State Agency 

NEW YORK 

State Agency: 

Localities: 

Mr. Larry Williams 

 Executive Director 

Lincoln Commission on Human Rights 

 440 South 8th Street, Suite 101 

 Lincoln, NE 68508 

(402) 441-8691 

Ms. Gail Thompson 

Director 

Omaha Human Relations Department 

 Omaha/Douglas Civic Center 

1819 Farnam Street, Suite 502 

 Omaha, NE 68183-0502 

(402) 444-5055 

Mr. J. Frank Vespa-Papaleo 

 Director 

State of New Jersey Division on Civil Rights 

 140 East Front Street 

P.O. Box 089 

 Trenton, NJ 08625-0089 

(609) 984-3100 

Ms. Michelle Donaldson 

Commissioner 

New York State Division of Human Rights 

 1 Fordham Plaza, 4th Floor 

 Bronx, NY 10458 

(718) 741-8400 

Mr. S. Ram Nagubandi 

 Commissioner of Human Rights 

Rockland County Commission on Human Rights 

50 Sanatorium Road, Building P 

 Pomona, NY 10970 

(845) 364-2199 

168 
NORTH CAROLINA 

State Agency: Ms. Sherri Brooks 

 Acting Director 

North Carolina Human Relations Commission

 217 West Jones Street 

 Raleigh, NC 27603 

(919) 733-7996 

Localities: Mr. Willie Ratchford 

Director 

City of Charlotte/Mecklenburg County Community Relations 

Committee (Charlotte) 

 600 East Trade Street 

 Charlotte, NC 28202 

(704) 336-2195 

 Mr. Willie Ratchford 

 Director

 City of Charlotte/Mecklenburg County Community Relations 

Committee (Mecklenburg County) 

 600 East Trade Street 

 Charlotte, NC 28202 

(704) 336-2195 

Ms. Charlotte Caplan 

 Director 

Community Development Director 

City of Asheville 

 70 Court Plaza 

 Asheville, NC 28802 

(828) 259-5721 

 Mr. Robert Smith 

 Executive Director 

Asheville/Buncombe County Community Relations Council 

50 South French Broad Avenue, Room 214 

Asheville, NC 28801 

(828) 252-4713 

 Ms. Yvonne Pena 

 Director

 Durham Human Relations Commission 

 101 City Hall Plaza 

 Durham, NC 27701 

(919) 560-4107 

169 
NORTH DAKOTA 

State Agency: 

OHIO 

State Agency: 

 Mr. John E. Shaw 

 Director 

Greensboro Human Relations Department 

 300 West Washington Street 

 Greensboro, NC 27402 

(336) 373-2038 

Mr. Carl A. Byrd, Sr. 

 Director 

New Hanover County Human Relations Commission 

 402 Chestnut Street 

 Wilmington, NC 28401 

(910) 341-7171 

 Ms. Milan Pham 

 Director 

Orange County Department of Human Rights and Relations 

 110 South Churton Street 

 Hillsborough, NC 27278 

(919) 967-9251 

 Ms. Wanda Allen-Abraha 

 Director

 Winston-Salem Human Relations Commission 

 2301 North Patterson Avenue 

 Winston-Salem, NC 27105 

(336) 727-2429 

Mr. Mark D. Bachmeier 

 Commissioner of Labor 

North Dakota Department of Labor 

 State Capitol - 13th Floor 

600 E Boulevard Avenue, Department 406 

 Bismarck, ND 58505-0340 

(701) 328-2660 

Mr. G. Michael Payton 

 Executive Director 

Ohio Civil Rights Commission 

1111 East Broad Street, Suite 301 

 Columbus, OH 43205-1379 

(614) 466-2785 

170 
Localities: 

OKLAHOMA 

State Agency: 

PENNSYLVANIA 

State Agency: 

Mr. Jerald L. Steed 

 Executive Director 

Dayton Human Relations Council 

 130 West 2nd Street, Suite 730 

 Dayton, OH 45402 

(937) 228-5854 

Mr. James M. Dubelko 

Director of Law 

City of North Olmstead, Ohio Department of Law 

26777 Lorain Road, Suite 416 

North Olmstead, Ohio 44070 

(440) 716-4217 

 Mr. Tim Dobeck 

 Law Director 

 Parma Law Department 

 City of Parma

 6611 Ridge Road 

 Parma, OH 44129-5593 

(440) 885-8132 

Mr. William M. Ondrey Gruber 

 Director of Law 

Shaker Heights Fair Housing Review Board 

 3400 Lee Road 

 Shaker Heights, OH 44120 

(216) 491-1443 

Mr. Kenneth Kendricks

 Director

Oklahoma Human Rights Commission 

2101 North Lincoln Blvd, Room 480 

Oklahoma City, OK 73105 

(405) 521-3441 

Mr. Homer Floyd 

 Executive Director 

Pennsylvania Human Relations Commission

 Pennsylvania Place, Suite 300 

 301Chestnut Street 

 Harrisburg, PA 17101-2702 

(717) 787-4410 

171 
Localities: Ms. Leslie L. Hyson 

 Executive Director 

Lancaster County Human Relations Commission 

 225 West King Street 

 Lancaster, PA 17603 

(717) 299-7840 

Mr. Charles F. Morrison 

Director 

Pittsburgh Human Relations Commission 

 908 City - County Building 

 Pittsburgh, PA 15219 

(412) 255-2600 

 Ms. Diana Rivera-O’Bryant 

Human Relations Administrator 

Reading Commission on Human Relations 

 815 Washington Street 

 Reading, PA 19601 

(610) 655-6141 

 Ms. Cathy Ash 

 Executive Director 

York City Human Relations Commission 

 368 W. Princess Street 

 York, PA 17404 

(717) 846-2926 

RHODE ISLAND 

State Agency: Mr. Michael Evora 

 Executive Director 

Rhode Island Commission for Human Rights 

 180 Westminster Street, 3rd Floor 

 Providence, RI 02903-3768 

(401) 222-2661 

SOUTH CAROLINA 

State Agency: Mr. Jesse Washington 

Commissioner 

South Carolina Human Affairs Commission 

 2611 Forest Drive 

 Columbia, SC 29204 

(803) 737-7826 

172 
TENNESSEE 

State Agency: 

Localities: 

TEXAS 

State Agency: 

Localities: 

Ms. Amber D. Gooding 

 Executive Director 

Tennessee Human Rights Commission 

 Cornerstone Square Building 

530 Church Street, Suite 400 

 Nashville, TN 37243 

(615) 741-5825 

Ms. Leslie Henderson 

Director 

City of Knoxville Department of Community 

Development 

400 Main Street, Suite 503 

 City County Building 

 Knoxville, TN 37902 

(865) 215-2120 

Ms. Vickie Covington 

 Interim Director 

Texas Workforce Commission 

6330 Highway 290 East, Suite 250 

 Austin, TX 78723 

(512) 437-3450 

Mr. Charles Gorham 

Director 

Austin Human Rights Commission 

 206 East 9th Street, 14th Floor 

 Austin, TX 78701 

(512) 974-3251 

Mr. L. David Ramos 

Director 

City of Corpus Christi Department of Human Relations 

1201 Leopard Street 

Corpus Christi, TX 78401 

(361) 880-3196 

 Ms. Rosie L. Norris 

 Fair Housing Administrator 

City of Dallas Fair Housing Office 

1500 Marilla Street, Room 1B North 

 Dallas, TX 75201 

(214) 670-5677 

173 
 Ms. Vanessa Ruiz Boling 

 Director

 Fort Worth Human Relations Commission 

 1000 Throckmorton Street 

Fort Worth, TX 76102 

(817) 392-7525 

 Mr. Jim Slaughter 

 Managing Director 

Garland Office of Housing and Neighborhood Services 

210 Carver Street, Suite 202 

 Garland, TX 75040 

(972) 205-3313 

UTAH 

State Agency: Ms. Sherrie Hayashi 

 Director 

Utah Anti-Discrimination Division 

160 East 300 South, 3rd Floor 

Salt Lake City, UT 84111 

(801) 530-6801 

VERMONT 

State Agency: Mr. Robert Appel 

Executive Director 

Vermont Human Rights Commission 

135 State Street, Drawer 33 

 Montpelier, VT 05633-6301 

 (802) 828-2480 

VIRGINIA 

State Agency: Mr. John Cancelleri 

Investigator Supervisor 

Virginia Department of Professional and Occupational Regulation, 

 Fair Housing Administration/Fair Housing Office 

 3600 West Broad Street 

 Richmond, VA 23230-4917 

(804) 367-8530 

174 
WASHINGTON 

State Agency: 

Localities: 

WEST VIRGINIA 

State Agency: 

Mr. Michael T. Cash 

Executive Director 

Fairfax County Human Rights Commission 

12000 Government Center Parkway, Suite 318 

Fairfax, VA 22035-0093 

(703) 324-2953 

Mr. Marc Brenman 

Executive Director 

Washington State Human Rights Commission 

711 South Capitol Way, #402, P.O. Box 42490 

 Olympia, WA 98504-2490 

(360) 753-6770 

Ms. Bailey deIongh 

Manager 

King County Office of Civil Rights 

400 Yesler Way, Room 260 

 Seattle, WA 98104-2628 

(206) 296-7592 

 Ms. Germaine Covington 

 Executive Director 

Seattle Office for Civil Rights 

 Artic Building, 2nd Floor 

 700 3rd Avenue, Suite 250 

 Seattle, WA 98104-1849 

(206) 684-4500 

 Mr. John Briehl 

 Executive Director 

Tacoma Human Rights and Human Services Department 

747 Market Street, Suite 836 

 Tacoma, WA 98402 

(253) 591-5151 

Ms. Ivin B. Lee 

 Executive Director 

West Virginia Human Rights Commission 

1321 Plaza East, Room 108A 

 Charleston, WV 25301 

(304) 558-2616 

175 
Localities: Mr. Brian A. King 

Director 

Charleston Human Rights Commission 

915 Quarrier Street, Suite 6 

 Charleston, WV 25301 

(304) 348-6880 

 Ms. Sally M. Lind 

Executive Director 

Huntington Human Relations Commission 

821 Fourth Avenue, Suite 104 

 Huntington, WV 25701 

(304) 696-5573 

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ANNEX H 

Fair Housing Testing 

Resources for Enforcement

177 
ANNEX H: Fair Housing Testing Resources for Enforcement 

Reports and Guides 

“2004 Rental Housing Accessibility Audit,” Gulf Coast Fair Housing Center, 

http://www.makeitfair.com/AccessibilityAudit2004-2.pdf 

An Evaluation of the FHIP Private Enforcement Initiative Testing Demonstration, April 1996, 

http://www.huduser.org/publications/fairhsg/fhip.html 

“Guide to Enforcement Tools for Fair Lending Testing,” The Homeownership Testing Project, 

Final Report, August 2002, http://www.huduser.org/publications/pdf/aotbe.pdf 

“National Origin Discrimination in Rental Housing in Vermont,” Champlain Valley Office of 

Economic Opportunity (CVOEO), 

http://www.cvoeo.org/2004RentalAuditReportFHP_files/2004RentalAuditReportFHP.pdf 

“Manual for Testers,” HOPE Fair Housing Center, 

http://www.state.il.us/dhr/Housenet/private/hope/center.html 

“Report on the Barriers Faced by African Americans and People with Disabilites in the Hampton 

Rhodes Rental Market,” May 2002, Housing Opportunities Made Equal, Richmond, Virginia, 

http://www.phonehome.org/docs/Hampton%20Roads%20Combined%20Report%20May%2020 

02.doc 

“Report on the Barriers Faced by African Americans in the Roanoke areas and by People with 

Disabilities in Roanoke, Lynchburg, Charlottesville and Fredericksburg,” May 2002, Housing 

Opportunities Made Equal, Richmond, Virginia, 

http://www.phonehome.org/pdf/Roanoke%20Combined%20Report%20May%202002.pdf 

Tester's Guide to Fair Housing and Fair Lending Laws, 2003 Revised Edition, John Marshall 

Law School, http://fairhousing.jmls.edu/Center_materials.htm 

Testing & Investigating for Fair Housing Violations, Conference Manual, April 12 and 13, 2002, 

John Marshall Law School, http://fairhousing.jmls.edu/Center_materials.htm 

178 
“The BNI Experience in Enforcing Provisions of the Fair Housing Amendments Act Regarding 

People with Disabilities: The Lessons Learned,” Baltimore Neighborhoods, Inc., http://www.bnimaryland.org/ 

Treatment of Testing Evidence in Fair Housing Complaint Investigations, Carolyn Peoples, 

Assistant Secretary for Fair Housing and Equal Opportunity, 

http://www.hud.gov/offices/fheo/library/testing.pdf 

ORGANIZATIONAL RESOURCES 

Access Living, Chicago, Illinois, http://www.accessliving.org/ 

Fair Housing of Marin, http://www.fairhousingmarin.com/ 

HOPE Fair Housing Center, Wheaton, Illinois, 

http://www.state.il.us/dhr/Housenet/private/hope/center.html 

Housing Opportunities Made Equal, Richmond, Virginia. www.phonehome.org 

Indiana Civil Rights Commission, Indianapolis, Indiana, 

http://www.iidc.indiana.edu/cclc/Booklet%20Four%20Fair%20Housing%20text.doc 

John Marshall Law School Fair Housing Legal Support Center, 

http://fairhousing.jmls.edu/Resources.html 

National Community Reinvestment Coalition, Voluntary Compliance Testing, 

http://www.ncrc.org/bestpractices/#component4 

National Fair Housing Alliance, Fair Housing School, http://www.nationalfairhousing.org/ 

Project Sentinel, Palo Alto, California, http://www.housing.org/index.htm 

179 
Protection and Advocacy, Inc. Albuquerque, New Mexico, http://www.nmpanda.org/index2.html 

Sara Pratt, Fair Housing Consultant, 

http://www.fairhousing.com/index.cfm?method=page.display&pageID=3269 

Southeast Center for Independent Living, Inc., Fall River, Massachusetts, 

http://www.secil.org/docs/hudprj.html 

Toledo Fair Housing Center, 

http://www.toledofhc.org/services.htm#Training%20&%20Consulting 

United States Department of Justice Testing Program, 

http://www.usdoj.gov/crt/housing/housing_testing.htm 

HUD RESOURCES 

People with Disabilities, http://www.hud.gov/offices/fheo/disabilities/index.cfm 

On-line complaint form, http://www.hud.gov/complaints/housediscrim.cfm 

Fair Housing Initiatives Program Overview, http://www.hud.gov/progdesc/fhip.cfm 

2004 FHIP grantees, http://www.hud.gov/news/fhipblurbs.cfm 

PRIVATE FAIR HOUSING GROUP LISTINGS 

National Fair Housing Alliance member organizations, 

http://www.nationalfairhousing.org/html/memberOrgs/operating.htm 

National Fair Housing Advocate agency finder, 

http://www.fairhousing.com/index.cfm?method=agency.search 

180