As long as equal access is not a reality for some people in this country, enforcement activities will be a necessity. Civil rights laws speak to the very core of our beliefs but also in support of the many people who have given so much in the pursuit of those ideals. The investigative tool used most often by fair housing groups is called testing. Testing is a simulated housing transaction designed to obtain information that may or may not show differential treatment based on an individual's protected class status. It usually involves sending out two or more individuals with similar profiles and housing needs, but different in their protected class status at closely spaced intervals to the same available unit to pose as potential renters.
Information given to the testers is compared in order to assess any differences.
Similar processes are also used in testing complaints in sales and mortgage lending. In addition to testing, fair housing groups work continually to investigate issues such as zoning regulations, neighborhood covenants, occupancy standards, and community planning and development activities. During the investigation of a housing discrimination complaint, fair housing groups also work to verify ownership, identify possible exemptions to fair housing regulations, and assess the information provided by the complainant in order to determine if further investigation and testing is appropriate. Entrapment means inducing or enticing someone to do something illegal, which they might not do otherwise. In contrast, testing is simply an opportunity to determine the normal, routine behavior of the person or firm in question.