In 34 cases, Newsday’s fair housing experts found evidence suggesting fair housing violations including steering and denial of equal service. Below are the case histories including the experts’ opinions and agents’ responses, if any.
The opinions are based on Newsday data and do not represent legal conclusions.
In 52 cases, agents complied with fair housing standards. See the list of those agents here.
Showing 34 of 34 tests
Agent: Stephanie Giordano
Formerly of Charles Rutenberg Realty
Plainview
Nana Ponceleon
Date of Visit:
12-02-16
Listings Given:
76
Census Tracts:
65% white on average
Kimberly Larkin-Battista
Date of Visit:
06-20-16
Listings Given:
155
Census Tracts:
81% white on average
Experts’ Opinions
Based on information provided by NewsdayThe agent’s comments to the white tester about Brentwood's surrounding area coupled with the initial selection of home listings provided both testers suggests possible steering. The agent only provided listings in Brentwood and Bay Shore, both predominantly minority communities, to the Hispanic tester and the same agent only provided listings to the white tester in predominantly white areas.
Fred Freiberg Executive director of Fair Housing Justice Center
Overall, steering seems clear. Most white listings are shown in eastern areas (particularly northern part) where less than half of the Hispanic listings are shown. The majority of Hispanic listings are shown in western, more diverse areas, where less than half of whites are shown.
Robert Schwemm Professor of law at the University of Kentucky College of Law
Agent and Company Responses
After reviewing video of the two tests at Newsday, along with maps of the listings, agent Stephanie Giordano vehemently denied any suggestion of disparate treatement based on race or ethnicity.
Her lawyer, Michael Janus, later wrote in an email that Giordano sends listings to clients by entering search criteria they provide into a computer system and that she “is perplexed on how she would know the ethnic background of the tester since she never asked and never would have asked her what ethnicity she was, as this is illegal.”
“She has never refused to show in an area or ever hinted to a customer that one area would be better for them based on their race,” Janus said, adding that Giordano recommended houses to the Hispanic tester in Ronkonkoma, “which would be considered a higher demographic of white people.”
Joseph Moshe, founder of Charles Rutenberg Realty, viewed Newsday’s recordings of three Charles Rutenberg agents, including Giordano. Subsequently, he offered no comments.
Agent: Edwin Torres
Charles Rutenberg Realty
Plainview
Niguel Williams-Easter
Date of Visit:
06-14-16
Listings Given:
0
Steven Makropoulos
Date of Visit:
08-25-16
Listings Given:
20
Agent Remarks
“Preapproval. Once you have that, send it over to me. I’ll start working from there, and, like I said, you would tell me some areas that you were interested in, but at this point it wouldn’t even make too much sense because we don't know the tax bracket at this moment. So we'll just be patient and wait for that, and then that's it. Once — once we have that preapproval, I can start the house hunting, and then like I said, you will receive emails periodically as properties come out in the market in that area; you will receive emails.”
TESTER: “Is it possible to — for you to start sending me some listings?”
AGENT: “I can send you — I can send you listings in those areas. . . . I would say like based on your income, a ballpark figure, I would say anywhere between two and 350 I'll send you. That’s the bracket that I'm gonna put it in.”
Experts’ Opinions
Based on information provided by NewsdayThe agent’s refusal to provide service to the African American tester is an example of disparate treatment based on race. The agent refused to select home listings or show homes to the African American tester until he obtained a preapproval letter from a lender, while the same agent waived this preapproval requirement for the white tester providing him with home listings and a home tour.
Fred Freiberg Executive director of Fair Housing Justice Center
The evidence shows blatant discrimination. There was inferior treatment of the black tester regarding the preapproval requirement. And there was a continuation of blatant discrimination with many listings provided to white tester vs. none to black tester.
Robert Schwemm Professor of law at the University of Kentucky College of Law
Agent and Company Responses
After viewing video recordings of his interactions with testers, Agent Edwin Torres said he provided listings and a tour to one tester and not the other because the white tester seemed more “pushy” and eager to engage in searching for a house to buy.
“One seemed a little bit more eager than the other. That’s the bottom line,” Torres said, adding:
“Sometimes you may make a decision that may be interpreted incorrectly. That’s the only thing I can tell you. You learn and then you implement. Is there a chance that you can say something that is misinterpreted? I think so. And that’s basically what I see here.”
Torres also said that he has adopted a firmer policy: “So now if you don’t have a preapproval, I’m not going to show you a house.”
Joseph Moshe, founder of Charles Rutenberg Realty, viewed Newsday’s recordings of three Charles Rutenberg agents, including Torres. Subsequently, he offered no comments.
Agent: Akhtar Somekh
Coldwell Banker Residential Brokerage
Great Neck
Nana Ponceleon
Date of Visit:
11-14-16
Listings Given:
11
Census Tracts:
81% white on average
Kimberly Larkin-Battista
Date of Visit:
08-16-16
Listings Given:
19
Census Tracts:
84% white on average
Agent Remarks
"Recently we got a lot of Chinese, Oriental coming in Great Neck. In the beginning, they start going to South because they have their friends and family, everybody South. And it became overwhelmed. Usually, the great thing about Great Neck is they keep their amount of students smaller than 20. They tried to do it but South school, when it became very crowded, so they gave Kensington and Great Neck a choice of North or South. This is a new rule."
Experts’ Opinions
Based on information provided by NewsdayThe agent should not have described the racial makeup of a specific high school as being overwhelmed with 'Orientals, Chinese' when meeting with the white tester. This negative statement, which was not made to the Hispanic tester, appears to indicate a preference or limitation based on race or possible steering by discouraging the white tester from considering the area served by this school.
Fred Freiberg Executive director of Fair Housing Justice Center
There was a difference in treatment between the white and Hispanic tester in the form of a blatant statement by the agent about the school’s demographics. The statement suggests a possible fair housing violation, with the town/school as potential plaintiff.
Robert Schwemm Professor of law at the University of Kentucky College of Law
Agent and Company Responses
Agent Akhtar Somekh did not respond to an invitation to view video recordings of her meetings with testers or to follow-up emails and phone calls requesting interviews.The company provided the following statement: “Incidents reported by Newsday that are alleged to have occurred more than two years ago are completely contrary to our long term commitment and dedication to supporting and maintaining all aspects of fair and equitable housing. Upholding the Fair Housing Act remains one of our highest priorities, and we expect the same level of commitment of the more than 750 independent real estate salespersons who chose to affiliate with Coldwell Banker Residential Brokerage on Long Island. We take this matter seriously and have addressed the alleged incidents with the salespersons.”
Agent: Rosalind (Roz) Resnick
Coldwell Banker Residential Brokerage
Great Neck
Martine Hackett
Date of Visit:
06-03-16
Listings Given:
4
Census Tracts:
89% white on average
Brittany Silver
Date of Visit:
03-06-17
Listings Given:
6
Census Tracts:
87% white on average
Agent Remarks
AGENT: "Great Neck is, it’s very, there’s Great Neck South and Great Neck North. Actually, South is there, North is here. So just to give you like a picture of Great Neck, because it’s changed over the years, so we have, and all of Long Island, which is good. It’s good that they, you know, it’s, it's very mixed, more than it ever was. So we have — I don’t know if this even is of interest to you at all. We have a lot of Orthodox people in Great Neck. We have a lot of Asian people in Great Neck. So it is, you know, it’s like that kind of a mixed community, which is ...
TESTER: "Wonderful."
AGENT: " ... fine, which is good. And it’s interesting because I’m here 16 years watching, you know — it's a little bit more different in Manhasset and Port Washington, but you’ll see when we go out ... Nothing bad about any of it."
AGENT: "Are you religious at all?
TESTER: "No."
AGENT: "OK. Well, then that was really my way of asking, because some people are, they were Orthodox, and they want to live near a temple."
Experts’ Opinions
Based on information provided by NewsdayIt was inappropriate for the agent to make statements about the racial or religious makeup of a community. Such statements are specifically prohibited by the Fair Housing Act. Agents should not make statements that indicate a limitation or preference based on any protected characteristics, including race, national origin and religion.
Fred Freiberg Executive director of Fair Housing Justice Center
What you’re dealing with is an agent who talks about racial and demographic makeups to the white tester and doesn’t mention any of that to the black tester. And that’s inappropriate. It would probably always be questionable to raise those kinds of matters if the home seeker didn’t ask about them. There is clear law that says steering can occur based on statements about racial makeups that are unsolicited by the home seeker. It’s clearly something she thinks is bonding her to this customer, and it’s unfortunate that she thinks what bonds her to the white customer is demographic information and that she doesn’t think the minority customer is worth bonding with over demographic information.
Robert Schwemm Professor of law at the University of Kentucky College of Law
Agent and Company Responses
Informed by letter of Newsday’s findings, agent Rosalind (Roz) Resnick did not respond to an invitation to view video recordings of her meetings with testers or to follow-up emails and phone calls requesting interviews. The company provided the following statement: “Incidents reported by Newsday that are alleged to have occurred more than two years ago are completely contrary to our long term commitment and dedication to supporting and maintaining all aspects of fair and equitable housing. Upholding the Fair Housing Act remains one of our highest priorities, and we expect the same level of commitment of the more than 750 independent real estate salespersons who chose to affiliate with Coldwell Banker Residential Brokerage on Long Island. We take this matter seriously and have addressed the alleged incidents with the salespersons.”
Agent: Adelheid (Heidi) O'Brien
Coach Realtors
West Islip
Ryan Sett
Date of Visit:
06-07-16
Listings Given:
7
Census Tracts:
70% white on average
Steven Makropoulos
Date of Visit:
05-05-16
Listings Given:
14
Census Tracts:
84% white on average
Agent Remarks
"You don’t want to have Brentwood school districts. You want to have Bay Shore School District."
Experts’ Opinions
Based on information provided by NewsdayThe agent's comments to the testers combined with the location of listings selected suggest possible steering.
Fred Freiberg Executive director of Fair Housing Justice Center
The map of listings suggests evidence of both steering and differential treatment here. The black tester received only 7 listings, 6 of which are clustered in the south/southwest, which is a more diverse area than where the white tester was mainly shown. The white tester received 14 listings, many of which were in the less diverse far north (2), northwest (3), southwest (2), and far southeast (2); none of these nine listings were made available to the black tester. Both testers expressed a connection to Bay Shore, but it’s possible the agent understood the black tester’s connection (that his mother-in-law lived there) as stronger than the white tester’s connection (that his wife worked there).
Robert Schwemm Professor of law at the University of Kentucky College of Law
Agent and Company Responses
Agent Adelheid (Heidi) O'Brien declined to comment. Coach Realtors declined to comment.
Agent: Rosemarie Marando
Coldwell Banker Residential Brokerage
E. Setauket
Kelvin Tune
Date of Visit:
10-12-16
Listings Given:
16
Census Tracts:
83% white on average
Lawrence Samuels
Date of Visit:
05-27-16
Listings Given:
5
Census Tracts:
80% white on average
Agent Remarks
"... Yeah, so I'm already in my head thinking of certain inventory for you. But like I said, Stony Brook, it's OK, I just, you may, you don't really know in certain areas what you're going to get next door. That's the problem. And there's pockets of Port Jeff, too, that, you know, down by the train, like any area there. What I say is always, to women, follow the school bus, you know. That's what I always say. Follow the school bus, see the moms that are hanging out on the corners. Wherever you're going to buy diapers, you know, during the day, go at 10 o'clock at night, and then you see if you like the area. I mean, really, that's the way to really take a look at area — I tell women this all the time. There was one fellow who would — like insisted on this house, and the wife was pregnant and had a little one, and I said to him, I can't say anything, but I encourage you, I want you to go there at 10 o'clock at night with your wife and buy diapers. Go to that 7-Eleven. They didn't buy there. I have to say it without saying it, you know? You have the knowledge of the areas. ... I take first-time home buyers out all the time. I don't want to use the word 'steer' but I try to edu — I use the word — I educate in the areas. I was a first-time home buyer myself one time, and I remember what the first agent told us — God, no, 30 years ago — and I'm like, 'What a creep!' When you think about it now, you know, and how much I've learned over the years, I mean, it's all about the location, and you're going to want good resale value."
Experts’ Opinions
Based on information provided by NewsdayThis agent appeared to use coded language to urge the white tester to consider the racial composition of neighborhoods when considering where to buy a home. The agent said, 'Look at who's on the school bus. Look at who's buying diapers in the grocery store.' These statements were not made to the African American tester. While both testers were provided home listings in predominantly white areas, some of the statements made by the agent suggest that the agent is not interested in taking buyers to racially diverse neighborhoods.
Fred Freiberg Executive director of Fair Housing Justice Center
This agent knows what steering is and has come up with a euphemism for it that she is willing to share only with the white tester, not the black tester. Instead of 'steering,' she uses 'location.' She is saying she learned over time that this is particularly important. She is now displaying the behavior she criticized in her original agent. And not saying the same things to the black home buyer is really problematic. Does she think minorities don’t want that?
Robert Schwemm Professor of law at the University of Kentucky College of Law
Agent and Company Responses
Newsday notified Marando of its findings by letter and email, invited her to view recordings of meetings with testers and requested an interview. She did not return phone messages.
Newsday presented its findings by letter to Charlie Young, president and chief executive officer of Coldwell Banker Residential Brokerage. The letter covered the actions of Marando and additional Coldwell Banker agents.
The company’s national director of public relations, Roni Boyles, wrote in an emailed statement:
“Incidents reported by Newsday that are alleged to have occurred more than two years ago are completely contrary to our long term commitment and dedication to supporting and maintaining all aspects of fair and equitable housing. Upholding the Fair Housing Act remains one of our highest priorities, and we expect the same level of commitment of the more than 750 independent real estate salespersons who chose to affiliate with Coldwell Banker Residential Brokerage on Long Island. We take this matter seriously and have addressed the alleged incidents with the salespersons.”
Coldwell Banker declined to discuss the company’s responses to specific cases.
Agent: Anne Marie Queally Bechand
Signature Premier Properties
Cold Spring Harbor
Johnnie Mae Alston
Date of Visit:
08-11-16
Listings Given:
0
Cindy Parry
Date of Visit:
07-13-16
Listings Given:
79
Agent Remarks
AGENT: “So I really need that. I won’t take out anyone unless you have a prequalification letter so I need to know [crosstalk] prequalified for a mortgage.”
TESTER: “Oh, so that means I can’t go out to see anything.”
AGENT: “I won’t — I won’t do it. You can try another person, but I don’t have the time to do that, because I need to know that you’re serious, and that — I really need a prequalification letter.”
“What is your availability?” the agent asked. “When can you start looking at houses?”
They picked a date. Parry asked Queally Bechand to send house listings.
“Absolutely,” Queally Bechand responded, adding: “Let’s set up our first appointment. I will send you listings this afternoon so that I can set up appointments.”
Experts’ Opinions
Based on information provided by NewsdayThe agent’s refusal to provide service to the African American tester is an example of disparate treatment based on race. The agent told the African American tester she didn’t take customers on house tours without a mortgage prequalification letter and refused to provide any home listings, while the same agent agreed to provide home listings and arranged to show homes to the white tester.
Fred Freiberg Executive director of Fair Housing Justice Center
This feels like steering 30 years ago when steering was more overt but agents could offer a pretense of providing equal service: "Of course, I’m giving you service, both black and white. But, if you’re the black buyer, you’d be more comfortable, in the black or integrated areas; and, if you are white, you certainly would be more comfortable in the different white areas."
Robert Schwemm Professor of law at the University of Kentucky College of Law
Agent and Company Responses
Agent Anne Marie Queally Bechand did not respond to a letter informing her of Newsday’s findings or to invitations by letter and email to view video recordings of her meetings with testers. Queally Bechand did not return a call seeking her comment.
Kathleen Viard, listed as a co-owner of Signature Premier Properties, viewed Queally Bechand’s videos at Newsday with two branch managers, brokers Richard Halloran and Claire Leface. They declined to comment.
Agent: Raj Sanghvi
Century 21 American Homes
Syosset
Eugene Cha
Date of Visit:
06-21-16
Listings Given:
16
Census Tracts:
87% white on average
Gabriel Kennedy
Date of Visit:
10-27-16
Listings Given:
10
Census Tracts:
81% white on average
Agent Remarks
“You don’t want to go there [Huntington]. It’s a mixed neighborhood … it’s a mini, mini United Nations.”
“Except Huntington, everything is nice.”
Experts’ Opinions
Based on information provided by NewsdayStatements made by the agent to the white tester effectively steer buyers based on race. When referring to racially diverse Huntington, the agent told the white tester, 'You don’t want to go there, it’s a mixed neighborhood.' The agent mentions that white, black, Indian, Chinese live in Huntington and that it is a 'mini United Nations.' The agent does not make this comment to the Asian tester. This is exactly the type of comment that agents should not make because it indicates a limitation or preference based on race.
Fred Freiberg Executive director of Fair Housing Justice Center
There is evidence of steering, in the form of differential treatment. The agent commented on Huntington’s demographics only to the white tester, depriving the Asian tester of information that the agent apparently viewed as useful for someone choosing where to live.
Robert Schwemm Professor of law at the University of Kentucky College of Law
Agent and Company Responses
Agent Raj Sanghvi and Michael Miedler, president and CEO of Century 21 Real Estate LLC, did not respond to requests for comment sent by letter, email and telephone.
Agent: Meghan Tello
Century 21 American Homes
Syosset
Ashley Creary
Date of Visit:
06-29-16
Listings Given:
29
Census Tracts:
85% white on average
Lizzy Lee
Date of Visit:
07-22-16
Listings Given:
34
Census Tracts:
83% white on average
Experts’ Opinions
Based on information provided by NewsdayA high percentage of listings given to the Hispanic tester were in Huntington. Even though on average the areas where home listings were provided to the Hispanic tester were areas with a comparable percentage of “white” population, the school district in Huntington has a much larger Hispanic student population, suggesting possible steering based on national origin.
Fred Freiberg Executive director of Fair Housing Justice Center
The test shows strong evidence of the Hispanic tester being steered to the three Huntington area towns with the Hispanic tester receiving many more listings there (12-3) than the white tester. Taken as a group, the five Hispanic-white tests with listings in the Huntington area show a meaningful, even stark, pattern of Hispanic steering to (and white and perhaps others) being steered away from the Huntington-area towns.
Robert Schwemm Professor of law at the University of Kentucky College of Law
Agent and Company Responses
Agent Meghan Tello declined to comment. Century 21 American Homes declined to comment.
Agent: Michele Friedman
Douglas Elliman Real Estate
Huntington
Jesus Rivera
Date of Visit:
04-21-17
Listings Given:
28
Census Tracts:
86% white on average
Steven Makropoulos
Date of Visit:
04-03-17
Listings Given:
40
Census Tracts:
89% white on average
Experts’ Opinions
Based on information provided by NewsdayA high percentage of listings given to the Hispanic tester were in Huntington. Even though on average the areas where home listings were provided were areas with a comparable percentage of 'white' population, the school district in Huntington has a much larger Hispanic student population. This makes the agent’s conduct more suspect of steering.
Fred Freiberg Executive director of Fair Housing Justice Center
The test shows strong evidence of the Hispanic tester being steered to the three Huntington area towns with the Hispanic tester receiving many more listings there (9-0) than the white tester. Taken as a group, the five Hispanic-white tests with listings in the Huntington area show a meaningful, even stark, pattern of Hispanic steering to (and white and perhaps others) being steered away from the Huntington-area towns.
Robert Schwemm Professor of law at the University of Kentucky College of Law
Agent and Company Responses
Agent Michele Friedman declined to comment. A lawyer for Douglas Elliman asserted that the Hispanic tester’s own comments led to the placement of the listings.
“Although the Hispanic tester initially told Ms. Friedman that he wanted to move within 20 minutes of Northport to ease his wife's commute … he later stated that he wanted to move within 20 minutes of Huntington,” wrote Jessica T. Rosenberg of Kasowitz, Benson, Torres LLC. “Ms. Friedman asked: ‘so you want to be within ( ) Huntington?’ The tester responded, ‘Yes.’
In her presentation of that question, Rosenberg omitted the word “the” from “within the Huntington,” a phrase spoken by Friedman as she circled her hands, suggesting the Huntington area rather than Huntington specifically. The agent followed up by saying:
“Yeah, so you'd be looking at, obviously Northport, East Northport, Centerport, Greenlawn, Huntington.”
Referring to Friedman, Rosenberg also wrote, “She then wondered whether the tester would be willing to look east of Huntington, and realized he would not because he would still be commuting to the city for his fictional job in Manhattan at NYU Langone. She noted that he confirmed, “Yeah, I still have to go to the city.”
Here, Rosenberg omitted that the white tester had said his wife would commute to Brooklyn on the Long Island Rail Road, a commute that Friedman would have lengthened by suggesting homes east of Huntington in Kings Park.
She also omitted that the Hispanic tester had told Friedman, “I don’t really mind the commute for me, you know, because my first class isn't until 10 in the morning.”
Agent: Christopher (Chris) Hubbard
RE/MAX Central Properties
East Meadow
Ashley Creary
Date of Visit:
08-09-16
Listings Given:
14
Census Tracts:
70% white on average
Lizzy Lee
Date of Visit:
06-30-16
Listings Given:
7
Census Tracts:
73% white on average
Agent Remarks
"But, you know, it’s some definite backup options. If you – if you don’t like the houses, if they're too small, too, too much work, you want to upgrade house, we have to downgrade, you know – not that it's
bad, but we’re just downgrading the location or the town a little bit, and then we’re trying to get more house. All right, so that – that would be this option... It would be Baldwin, maybe Freeport, West Hempstead."
"You know, but like usually coming from – from the west, some of these towns, in my opinion, are not necessarily the greatest in terms of school districts, safety, you know crime, resale, and some of them are very expensive, so these areas up here, Garden City, New Hyde Park – very expensive. You know, you’re not really getting much there. Some of them are not as nice. Elmont, most of Hempstead, Roosevelt, Baldwin, Freeport. You know, maybe not as nice in terms of statistics."
Experts’ Opinions
Based on information provided by NewsdayThis is a classic example of steering. The agent made exact opposite statements to testers about the quality of neighborhoods. In selecting listings for the testers, the agent provided a wider range of neighborhood options to the white tester in the predominantly white areas of Levittown, North Bellmore and Merrick as well as racially diverse areas of East Meadow and Hicksville, while only providing the Hispanic tester with listings in the racially diverse community of East Meadow. The agent also gave very different information to the testers about where they should consider living. For instance, the agent discouraged the white tester from considering predominantly minority areas like Elmont, most of Hempstead, Roosevelt, Baldwin and Freeport as not as nice, while telling the Hispanic tester that she could maybe consider Baldwin, Elmont, Freeport, West Hempstead and the Valley Stream area.
Fred Freiberg Executive director of Fair Housing Justice Center
The conclusion here is that the Hispanic tester could complain that the agent is making many houses 'unavailable,' apparently based on national origin. But 'clustering' of Hispanic dots, whereas whites are spread farther out – doesn’t seem to be traditional steering, because some of the white-only dots are in the more diverse areas (e.g., Hicksville), although some are also in the southern, less diverse area. It’s troubling, however, that the agent describes the same towns so differently to the two testers. He tells the white tester that Baldwin, Uniondale, and Elmont are poorly rated or 'not as nice' as others but tells the Hispanic tester that she 'can maybe do' Baldwin or Uniondale and that Elmont is 'OK, It’s good.' Also, the carving out of the school district is part of the context. The agent is saying, essentially, that as you move farther from the city, you get better schools. A person who’s not familiar with Long Island towns might not immediately understand the racial significance of that, but local folks would know. So, putting everything together, this begins to look like a classic example of steering.
Robert Schwemm Professor of law at the University of Kentucky College of Law
Agent and Company Responses
Agent Christopher Hubbard said he relied on a website that purports to ascribe “livability” indexes to communities based on factors including crime levels.
He said he felt justified calling Elmont “not as nice” because the website, areavibes.com, graded the community as C-plus in crime while grading East Meadow B-plus. At the same time, he felt justifed calling Elmont “OK” and “good” because C-plus was a better grade than given to other areas.
Areavibes.com’s based its grades on no official crime data for the communities. Since FBI and local law enforcement data were not available, the site used factors such as median income and home prices to estimate crime levels, the site’s founder, Jon Russo, said in an email.
Areavibes.com ascribed crime rates to both Elmont and East Meadow that were roughly three times higher than they actually are, according to Nassau County Police Department statistics.
Similarly sized, the two communities experienced an average of fewer than one violent crime per week in 2018 – Elmont totaling 44 and East Meadow 37, including crimes such as assaults and robberies.
In the same period, Elmont reported 181 property crimes and East Meadow 123. Those included thefts, stolen vehicles and burglaries.
The two communities had different patterns of crime last year, county figures show. Elmont had 18 reported felony assaults and East Meadow had 28. There were 21 robberies in Elmont and five in East Meadow. One rape and two cases of sexual abuse were reported in each community. There were two murders in Elmont and one in East Meadow.
Property crime patterns varied last year, too. There were 119 reported grand larcenies in Elmont and 72 in East Meadow. Elmont had 35 burglaries and East Meadow had 43. Vehicle thefts were reported 27 times in Elmont and eight times in East Meadow.
Overall, the combined property and violent crime rates were lower in both communities than in Nassau County as a whole, county crime figures show.
Similarly, both communities had per-capita rates of violent and property crime that were substantially lower than the rates for New York State and the nation as a whole – roughly one-third to one-fifth the state and national rates, a comparison of county and FBI crime statistics shows.
Asked why he located the Hispanic tester’s listings exclusively in East Meadow while offering the white tester houses in Levittown, Seaford, North Bellmore and North Merrick, Hubbard sent a written explanation citing the fact that the Hispanic tester had said she and her husband would be commuting into Queens and the city.
Even so, he placed the listings for both testers in adjoining communities, as little as five- to eight-minute drives apart.
The vice president of communications for Hubbard’s parent company, RE/MAX LLC, provided a statement covering three tests of the firm’s agents, including Hubbard:
“We have spoken with the franchise owners whose agents were included in the inquiry and are confident that they have taken this matter seriously and are committed to following the law and promoting levels of honesty, inclusivity and professionalism in real estate.”
The spokeswoman, Kerry McGovern, declined to provide further information.
Agent: Maurice Johnson
Charles Rutenberg Realty
Plainview
Pedro Jimenez
Date of Visit:
04-13-17
Listings Given:
100
Census Tracts:
56% white on average
Richard Helling
Date of Visit:
05-03-17
Listings Given:
147
Census Tracts:
64% white on average
Experts’ Opinions
Based on information provided by NewsdayThe agent’s conduct on this test raises a concern about possible racial steering. The agent told the white tester about a school district that is good, Half Hollow Hills (59 percent white), and states that he is not allowed to tell buyers that an adjacent school district, Wyandanch (1 percent white), is underperforming. He does not provide these examples to the Hispanic tester but refers both testers to greatschools.org to obtain more information about schools. Most of the home listings the agent selected in the predominantly white communities of Merrick, Island Park, Rockville Centre and Oceanside were given to the white tester. Most of the home listings the agent selected in the predominantly minority communities of Baldwin and Elmont were given to the Hispanic tester, as well as in the Malverne school district.
Fred Freiberg Executive director of Fair Housing Justice Center
Lots of steering here. From west to east, the agent seems to have provided four differing groups of listings: The agent located the most listings for the Hispanic tester in the far westerly area, particularly to the north with highly diverse schools. In the second westerly area, the agent placed a few Hispanic listings, in the most diverse parts, while placing mostly white listings in the least diverse school districts. The second most easterly area shows few Hispanics listings with mostly white listings in the least diverse school districts. In the most easterly area, the agent placed the Hispanic tester’s listings in the north and the white tester’s listings in the south, where schools are less diverse.
Robert Schwemm Professor of law at the University of Kentucky College of Law
Agent and Company Responses
Informed of Newsday’s findings, agent Maurice Johnson did not respond personally. His lawyer, R. Joseph Coryat, reviewed both the video recordings of Johnson’s meetings with testers and the maps of where he placed listings for each tester. Newsday provided Coryat copies of all communications between the testers and Johnson.
He accused Newsday of unfairly editing one of Johnson’s videos because the first 10 seconds of greeting between Johnson and a tester were trimmed to protect the privacy of unrelated third parties. Newsday gave Coryat a transcript of the trimmed section and invited him to view it. He never did so.
Newsday also sent Coryat specific questions about how Johnson selected the listings and provided excerpts of moments during the meetings that appeared to have been of interest to Coryat after he viewed the videos. He did not answer the questions.
Joseph Moshe, founder of Charles Rutenberg Realty, viewed Newsday’s recordings of three Charles Rutenberg agents, including Johnson. Subsequently, he offered no comments.
Agent: Dianne Etri
Coldwell Banker Residential Brokerage
Bellmore
Johnnie Mae Alston
Date of Visit:
06-23-16
Listings Given:
7
Census Tracts:
76% white on average
Cindy Parry
Date of Visit:
06-01-16
Listings Given:
16
Census Tracts:
83% white on average
Agent Remarks
"I have a property in Freeport – this house is too big for you, though. And the other one that is nice I just sold. You would have liked that one, but that’s Freeport. You might like Freeport."
"Bellmore – yeah, Bellmore, Merrick. East Meadow could be a little shady."
"Because once you’re on – on the parkway – so if – if you’re on the Meadowbrook Parkway, you can do any of these towns. You can do Bellmore, or – you don't want Roosevelt. That's a terrible area. But Bellmore, Merrick, you can do Freeport."
“So a lot of people will say to me, ‘Oh, I don’t care. I’ll take Freeport and all the houses are cheap there. I don’t care about the school district. I don’t have any children.’ I say, ‘But you have to protect your investment.’” “You’re not really putting your money in the right place, because now you're in a bad school district, and that’s not good for resell value."
Experts’ Opinions
Based on information provided by NewsdayThe agent’s statements, coupled with home listings provided to the testers, suggest possible steering. The agent discouraged the white tester from considering housing in Freeport, stating that it has a bad school district and that could be bad for resale, while the same agent informed the African American tester that she could consider Freeport and that “You might like Freeport.” Even though Franklin Square is close to the area both testers requested, the agent encouraged only the African American tester to consider this racially diverse area and provided home listings to that tester. The agent made disparaging statements to the African American tester about a predominantly minority community, Roosevelt, calling it “a terrible area” and additionally suggested that an integrated area, East Meadow, “could be a little shady.” These comments were not made to the white tester. Most of the home listings the agent selected for the African American tester were in Franklin Square, a racially diverse area. The same agent provided listings to the white tester only in predominantly white neighborhoods served by the Bellmore-Merrick school district, which has a predominantly white student population.
Fred Freiberg Executive director of Fair Housing Justice Center
Strong evidence of steering here, and a classic example of treating people differently because of race, which is illegal. Most of the black-only listings are in heavily diverse western areas and most of the white-only listings (along with a couple of black-only and both) are in heavily white eastern areas. In addition to showing that blacks are being steered away from this eastern area, the black tester could complain that the agent is making many houses “unavailable” based on race in this eastern area. The difference in counseling, a lot greater counseling for the white home-seeker and weaker for the black home-seeker, is a classic example of discrimination, and particularly the different statements about Freeport, which we can presume is race-based because they’re only made to the white tester.
Robert Schwemm Professor of law at the University of Kentucky College of Law
Agent and Company Responses
Agent Dianne Etri did not respond to a letter notifying her of Newsday’s findings, or to an invitation by letter and email to view video recordings of meetings with testers and requesting an interview. She did not return a phone message.
Newsday presented its findings by letter to Charlie Young, president and chief executive officer of Coldwell Banker Residential Brokerage. The letter covered the actions of Etri and additional Coldwell Banker agents.
The company’s national director of public relations, Roni Boyles, wrote in an emailed statement:
“Incidents reported by Newsday that are alleged to have occurred more than two years ago are completely contrary to our long-term commitment and dedication to supporting and maintaining all aspects of fair and equitable housing. Upholding the Fair Housing Act remains one of our highest priorities, and we expect the same level of commitment of the more than 750 independent real estate salespersons who chose to affiliate with Coldwell Banker Residential Brokerage on Long Island. We take this matter seriously and have addressed the alleged incidents with the salespersons.”
Agent: Kevin Geddie
Formerly of Douglas Elliman Real Estate
Bridgehampton
Martine Hackett
Date of Visit:
08-15-16
Listings Given:
28
Census Tracts:
75% white on average
Gretchen Olson
Date of Visit:
10-07-16
Listings Given:
12
Census Tracts:
83% white on average
Experts’ Opinions
Based on information provided by NewsdayExplicit comments were made to the white tester about Hispanics having taken over one area. The agent provided no home listings to the white tester in that area but provided a considerable number of listings to the African American tester in and around that area and primarily in areas with student populations that are 50% or more Hispanic. While the agent told both testers that Sag Harbor and Southampton have good schools, most of the home listings selected by the agent in these two areas were provided to the white tester. While the agent provided home listings to the white testers close to her stated price range, some of the home listings provided to the African American tester were below her stated price range. The agent’s conduct indicates differential treatment and steering.
Fred Freiberg Executive director of Fair Housing Justice Center
An agent’s unsolicited comment about the ethnic makeup of an area, such as that a Hispanic community had 'taken over' a neighborhood, is almost always problematic. Here the agent also expressed a positive attitude because schools had gained students. Also, the different placement of the listings provided to the two testers is evidence of steering and would indicate a need to retest the agent.
Robert Schwemm Professor of law at the University of Kentucky College of Law
Agent and Company Responses
In an email, Agent Kevin Geddie described his statement about the Hispanic community as “out of context,” adding:
“I apologize for this remark and I look forward to continually improving in order to service all of my clients with respect.”
He said the statement “does not represent who I am as a person and does not reflect my professional commitment to treat everyone – clients, family, and friends – equally and with respect.”
Douglas Elliman lawyer Rosenberg wrote that Geddie’s remarks “are inconsistent with Douglas Elliman policies and applicable law, and are not tolerated. Had Douglas Elliman been informed of such remarks at the time they were made, Douglas Elliman would have taken immediate and appropriate corrective disciplinary action.”
Geddie left Douglas Elliman and began working with the Compass real estate agency in January 2018. He attributed the differences in the locations of the listings he provided to the black and white testers to reductions in the number of homes in the marketplace between August and October, adding, “Claiming discrimination under these circumstances is off base.”
Despite the difference in time frame, another agent tested at the same time more broadly distributed 27 listings to the black tester in August 2016 and 28 listings to the white tester in October 2016.
Drawing on data it purchases from the Multiple Listing Service of Long Island, the system by which agents can follow which homes are on and off the market, Zillow computed that the number of houses available in the requested price range differed by less than 2 percent on the dates Geddie was tested.
Agent: Ann Pizaro
Signature Premier Properties
Syosset
Nana Ponceleon
Date of Visit:
10-25-16
Listings Given:
122
Census Tracts:
79% white on average
Kimberly Larkin-Battista
Date of Visit:
08-09-16
Listings Given:
18
Census Tracts:
73% white on average
Experts’ Opinions
Based on information provided by NewsdayA high percentage of listings given to the Hispanic tester were in Huntington. Even though on average the areas where home listings were provided were areas with a comparable percentage of 'white' population, the school district in Huntington has a much larger Hispanic student population. This makes the agent’s conduct more suspect of steering.
Fred Freiberg Executive director of Fair Housing Justice Center
The test shows strong evidence of the Hispanic tester being steered to the three Huntington area towns with the Hispanic tester receiving many more listings there (57-0) than the white tester. Taken as a group, the five Hispanic-white tests with listings in the Huntington area show a meaningful, even stark, pattern of Hispanic steering to (and white and perhaps others) being steered away from the Huntington-area towns.
Robert Schwemm Professor of law at the University of Kentucky College of Law
Agent and Company Responses
Agent Ann Pizaro declined to comment. Signature Premier Properties declined to comment.
Agent: Palma (Pam) Napolitano Reyhing
Century 21 Catapano Homes
Bethpage
Liza Colpa
Date of Visit:
07-15-16
Listings Given:
12
Census Tracts:
65% white on average
Lizzy Lee
Date of Visit:
06-08-16
Listings Given:
13
Census Tracts:
84% white on average
Experts’ Opinions
Based on information provided by NewsdayThe locations of the listings selected by the agent raises a concern about possible steering. Most of the listings selected by the agent for the white tester were in the predominantly white area of Bethpage and most of the listings selected for the Hispanic tester by the same agent were in the more racially diverse communities of Farmingdale and Hicksville.
Fred Freiberg Executive director of Fair Housing Justice Center
Steering seems clear. On the map, the agent placed most of the white tester's listings in southern areas with whiter school districts. The map shows only three listings there for the Hispanic tester, and one in the whitest district. Almost all the Hispanic tester's listings are only in the Hicksville area, which is the most diverse location. The map shows no listings for the white tester there.
Robert Schwemm Professor of law at the University of Kentucky College of Law
Agent and Company Responses
Notified that the test had “suggested evidence of steering,” Reyhing viewed Newday’s video recordings of her meetings with the testers, as well as the maps of the listings she provided.
“I feel that your findings are totally unfair,” she wrote in an emailed response, also stating, “I am adamantly denying” steering.
She stated: “I do not look up the demographics for these towns or any other towns,” adding that she started both house searches in Bethpage.
Explaining her selections for the white tester, Reyhing wrote that “it made sense to start her off with just the Bethpage area” because of the location of her husband’s workplace.
Reyhing also stated that the tester “seemed confused and needed clarification on the different styles of homes;” was “overwhelmed” by possibilities that Reyhing had called up on her office computer; and said that she had “explained I would share more once she digested the current options.”
Referring to the Hispanic tester, Reyhing similarly wrote, “I did not want to overwhelm her with too many listings to look at.” She stated, “I did not have as much time to spend with her,” and added that she conveyed to the tester, “If need be, in time, we could extend to other areas within the time distance she wanted (30 minutes).”
The transcript of Reyhing’s meeting with the Hispanic tester shows that she said: “Maybe we’ll just do Bethpage and Hicksville, and we’ll start with that . . . And then we’ll do Farmingdale. I’ll add that on next week.”
Farmingdale was 75 percent white with a 13 percent share of Hispanic residents.
Newsday presented the test findings to Century 21 Real Estate LLC president and chief executive officer Michael Miedler by letter. He did not respond to the letter or a follow-up telephone call.
Agent: Donna Rogers
Douglas Elliman Real Estate
Plainview
Kelvin Tune
Date of Visit:
10-28-16
Listings Given:
11
Census Tracts:
72% white on average
Anthony Congiano
Date of Visit:
05-19-16
Listings Given:
10
Census Tracts:
82% white on average
Agent Remarks
"Plainview, you're not going to find something – it's going to be tough to find something that's like what you're looking for."
"You'll get a decent house for 550 with good bones, but you're going to need to do work . . . For instance, in, say, Bethpage, you'll probably find a house pretty much done. You may have to do like one bathroom, you know, or something like that, or maybe just go in and paint, or something like that. You'll get a nice house for 550. This area you get nothing. Nothing for five, but you will get something that needs a total renovation."
"Bethpage – Bethpage is pretty – let me see where Bethpage is. Again, take it with a grain of salt. Just because, just because – like Garden City High School is listed here at 96.2 ... East Islip High school is listed at 70.9. It doesn't mean anything. It's just – it's just giving you a basic idea, OK? So it doesn't mean they're a bad school, all right? It's just the rank, this is the way the ranking is. So you take this with you so you can go over that with your wife."
"For the budget that you're giving me in Bethpage, you'll definitely find something, you know, that's going to be less work, you know, less stuff to do. In Plainview, it's a good budget. You know, Plainview you may have to do one or two things."
"I'm confident we can definitely find you something. Pretty much, you know, you might just have to go in and rip up the carpets, paint."
"They have very high ratings for Plainview, you know, Plainview, Bethpage. Actually, I think Bethpage did really, really well. They might have even surpassed Plainview, to be honest with you."
"I'm a mom, so I know, you know what I mean? So, look, you know, when you're looking for a house, especially when you have a child, that has to be like, you know, number one no matter what. You know, you want a good school district."
Experts’ Opinions
Based on information provided by NewsdayThe agent’s comments and conduct suggest racial steering. The agent was willing to provide an unqualified opinion on the high quality of schools in certain areas to the white tester, while telling the African American tester to do his own research on schools and cautioning that online school ratings may not be the best indicators of school quality. The agent provided home listings to the African American tester that were in areas with slightly larger minority populations served by school districts with a larger minority student population when compared to the home listings the agent provided to the white tester. For instance, the agent did not select any listings for the African American tester in Plainview (where the agent has resided) and discouraged him from considering Plainview based on his price range, but the same agent provided the white tester with home listings in Plainview in the same price range.
Fred Freiberg Executive director of Fair Housing Justice Center
The facts show steering not so much regarding the number of listings in white areas, but the zero listings for the black tester in Plainview while the white tester got lots there.
Robert Schwemm Professor of law at the University of Kentucky College of Law
Agent and Company Responses
Representing both Rogers and the Douglas Elliman company, a member of the Kasowitz Benson Torres LLP law firm watched the video recordings of the agent’s meetings with testers and reviewed listings maps. Firm partner Jessica Rosenberg then challenged the validity of Newsday’s findings.
Rosenberg said that black tester Tune had influenced Rogers’ choice of listings by indicating both a desire to avoid traffic and citing Hicksville as a possible choice.
Explaining why Rogers chose Plainview only for the white tester, Rosenberg said Rogers may have misinterpreted the black tester’s “willingness to do a renovation.” Rosenberg said that the white tester had said “I can get my hands dirty” when asked about doing work on a house, while the black tester had said, “I don’t want to do too much work.”
Rosenberg failed to note that after saying he could get his hands dirty, the white tester added, “Nothing that major. But if I have to, you know, fix a few things, that’s not really a problem for me.”
Rosenberg did not comment on Rogers’ statement to the black tester, “This area you get nothing” for $550,000.
Explaining the different information Rogers provided to the testers about schools, Rosenberg said that, between the dates of the two tests, Rogers “attended a continuing legal education class regarding the Fair Housing Act” at which she was instructed “to avoid making any comments on the quality of school districts to avoid any steering accusations.”
Rogers was licensed in 2012. Like all real estate agents in New York, she was required to complete four hours of training in fair housing and discrimination as part of a 75-hour licensing course and exam. Agents also must complete three hours of fair housing training every two years as part of their 22.5 hours of mandated continuing education.
Agent: Lisa Casabona
Douglas Elliman Real Estate
Plainview
Martine Hackett
Date of Visit:
07-01-16
Listings Given:
12
Census Tracts:
74% white on average
Kimberly Larkin-Battista
Date of Visit:
10-20-16
Listings Given:
26
Census Tracts:
80% white on average
Experts’ Opinions
Based on information provided by NewsdayWhile the agent selected home listings for both testers in predominantly white areas, only the African American tester received listings in the more racially diverse communities of East Meadow and Hicksville, raising concerns about possible steering.
Fred Freiberg Executive director of Fair Housing Justice Center
Different listings given to the two testers is evidence of both steering and differential treatment. The agent provided, only to the minority tester, listings (4) in East Meadow and listings (2) in Hicksville. Both areas are relatively diverse. At the same time, the agent gave the white tester many more listings than she gave the minority tester in Bethpage (8 to 3), the area central to the test, and in Levittown (18 to 3). Both towns have higher proportions of white residents. Even if the agent wanted to keep the white tester closer to her mother’s residence, this doesn’t explain why the agent failed to give the minority tester similar access to Bethpage and Levittown.
Robert Schwemm Professor of law at the University of Kentucky College of Law
Agent and Company Responses
Strenuously defending her commitment to fair housing, Casabona said of the white tester: “The way that I interpreted it is that the woman wanted to be near her mother.” She added, “So to be near my mother meant I could walk to my mother to take care of her.” Casabona also said that a five-mile commute to work would be reasonable for the black tester.
“I didn’t say to somebody go live in some terrible town far away." She pointed to her own neighborhood in Levittown, near the border of Hicksville, where she said she had neighbors of various races and ethnicities. She said that she had served as a broker to a number of them.
“I sold my whole neighborhood to every ethnicity with no judgment, no discrimination to anybody,” she said.
Jessica Rosenberg, a lawyer representing both Douglas Elliman Real Estate and it agents, said Newsday’s recordings “confirm that Ms. Casabona searched for homes in two towns in close proximity to Bethpage (Hicksville and East Meadow) when she met with the black tester, but did not search for those two towns for the white tester.”
Rosenberg explained, “This is because the black tester said her spouse worked at Grumman; the white tester said her mother lives in Bethpage. Ms. Casabona, correctly or not, believed that the black tester had more flexibility in terms of location. An agent is permitted to subjectively interpret a prospective purchaser's statements and provide listings accordingly for reasons having nothing to do with race.”
Agent: Francia Perez
Formerly of RE/MAX Central Properties
East Meadow
Alex Chao
Date of Visit:
09-20-16
Listings Given:
0
Richard Helling
Date of Visit:
05-19-16
Listings Given:
15
Agent Remarks
"When you get preapproved, you get preapproved for an amount and taxes. That's very important before we do anything. Because if I'm just going to take you out just to look, it's a waste of my time and your time, because we're not knowing exactly where you stand as a monthly payment."
"You know what? I really – I really do appreciate you coming, and this was excellent. I get an idea, and I'm confident that you will get your preapproval, and I will find you a home."
"If you're in Massapequa, you only want School District 23. You don't want 6 in Massapequa, because that takes in Amityville, and you're not gonna like those schools. But 6 in Seaford is different, so that's good."
Experts’ Opinions
Based on information provided by NewsdayThere was evidence of differential treatment in the provision of service. Even though neither tester was preapproved for financing, the agent was reluctant to provide service to the Asian tester and delayed sending listings for five weeks, while the same agent accepted the word of the white tester that he was qualified to purchase a home and provided listings and a tour within four days.
Fred Freiberg Executive director of Fair Housing Justice Center
There was evidence of discrimination and inferior treatment of the Asian tester regarding the preapproval requirement. Plus, this difference in treatment continued, with many listings being provided to the white tester vs. none to the Asian tester.
Robert Schwemm Professor of law at the University of Kentucky College of Law
Agent and Company Responses
The vice president of communications for Perez’s then-parent company, RE/MAX LLC, provided a statement covering three tests of the firm’s agents, including Perez:
"We have spoken with the franchise owners whose agents were included in the inquiry and are confident that they have taken this matter seriously and are committed to following the law and promoting levels of honesty, inclusivity and professionalism in real estate."
The spokeswoman, Kerry McGovern, declined to provide further information.
Representing both Perez and the Douglas Elliman company, where Perez is now an agent, a member of the Kasowitz Benson Torres LLP law firm watched the video recordings of the agent’s meetings with testers and reviewed listings maps.
Firm partner Jessica Rosenberg said Perez dealt more readily with the white tester because he said that he consulted a friend currently working for a mortgage company in Seattle about how much he could afford to spend, while the Asian tester had talked with a retired friend who had worked with a mortgage lender.
She wrote, “This point is critical – the white tester stated that he had had a conversation with a current mortgage lender.”
Rosenberg also asserted that Helling had “refused, despite Ms. Perez’s insistence, to meet with Ms. Perez’s preferred lender,” signaling that Helling was progressing with the process himself. In fact, the preferred lender participated in more than 15 percent of Perez’s meeting with Helling.
Agent: Margaret (Peggy) Petrelli
Realty Connect USA
Levittown
Liza Colpa
Date of Visit:
11-04-16
Listings Given:
2
Census Tracts:
58% white on average
Kimberly Larkin-Battista
Date of Visit:
06-22-16
Listings Given:
8
Census Tracts:
88% white on average
Agent Remarks
AGENT: "I do need a copy of your license. Or something, some form of ID."
TESTER: "Some form of ID."
AGENT: "I don't care. I need to make a copy of it, just so you see that it matches this."
TESTER: "That it matches the name?"
AGENT: "Yeah."
TESTER: "I'm sort of confused as to why I would need some form of ID, though."
AGENT: "Well, I just need to know that this is really where you live and everything."
"I have no problems. I can take you out all day Wednesday, whatever. I work seven days a week so – you know, to me it's no problem."
"If you're in Massapequa, you only want School District 23. You don't want 6 in Massapequa, because that takes in Amityville, and you're not gonna like those schools, but 6 in Seaford is different, so that's good."
Experts’ Opinions
Based on information provided by NewsdayDenial of equal service to the African American tester, the disparaging statement made to the white tester about a predominantly minority school district, and the provision of home listings in different areas raises very serious concerns about both racial steering and discriminatory treatment. The agent told the African American tester it was office policy to require a valid ID from all prospective buyers before agents could take them to view homes for sale even though the same agent took the white tester out to view homes for sale without asking for identification. Also, the agent, in mentioning Massapequa as an area the white tester might want to consider, steered the white tester away from a part of that community that feeds into the predominantly minority Amityville school district, stating 'you’re not going to like those schools,' while the agent did not make similar statements to the African American tester. Finally, the agent provided home listings to the African American tester that were in areas with slightly greater minority populations served by school districts that had greater minority student populations when compared to the home listings the agent provided to the white tester.
Fred Freiberg Executive director of Fair Housing Justice Center
Evidence of blatant difference in treatment (inferior treatment of black tester) and steering. The key here is discrimination against the black tester, who is told about few homes, while the white tester is told about many. Thus, the agent is making many houses “unavailable” – apparently based on the black tester’s race.
Robert Schwemm Professor of law at the University of Kentucky College of Law
Agent and Company Responses
Informed of Newsday’s findings, agent Margaret Petrelli initially accepted Newsday’s invitation to view video recordings of meetings with testers. Because of a scheduling conflict, Newsday asked her to choose another time. She responded once saying an alternate time would not work for her. She has since not responded to a follow-up email or phone call.
Agent: Réza (Russ) Amiryavari
Realty Connect USA
Levittown
Pedro Jimenez
Date of Visit:
04-11-17
Listings Given:
14
Census Tracts:
67% white on average
Richard Helling
Date of Visit:
06-24-16
Listings Given:
39
Census Tracts:
64% white on average
Agent Remarks
Via text: "Ricardo, What I suggest is to contact the mortgage officer first and get pre-Preapproved. Once Preapproved we can start looking at homes."
AGENT: For the bank. I need to have –
TESTER: Yeah. We're in the process of getting it, so ...
AGENT: "That's important."
TESTER: "Yeah. So we should have that very soon."
AGENT: "Very good. So you don't need that – this right now, so – but you're gonna – we're gonna do this."
Experts’ Opinions
Based on information provided by NewsdayWhile the agent took the white tester out to view homes without requiring any prequalification or an exclusive listing contract, the same agent declined to take the Hispanic tester out to view homes unless he was first prequalified by a lender and agreed to sign an exclusive listing agreement. In addition to this differential treatment, the agent made statements to the white tester that suggests steering, by the agent’s own admission.
Fred Freiberg Executive director of Fair Housing Justice Center
Strong evidence of steering here, plus discriminatory (inferior) treatment of the Hispanic tester. Most of the Hispanic-only listings are in one area to the north and most of the white-only listings in two other areas to the west and in the center. But this is not a 'classic' case of steering because the target area for the Hispanic listings is not more diverse. The agent provided inferior treatment to the Hispanic tester with respect to the discussion of financial issues and refusal to show houses without having received mortgage preapproval.
Robert Schwemm Professor of law at the University of Kentucky College of Law
Agent and Company Responses
Informed by letter about Newsday’s findings, agent Réza (Russ) Amiryavari made, but canceled, an appointment to view video recordings of meetings with testers. He did not respond to a follow-up email or phone message seeking comment.
Realty Connect broker owners Michael Ardolino, Bart Cafarella, Fern Karhu and chairman Kevin McClarnon did not respond to letters describing Newsday’s findings regarding Amiryavari and additional Realty Connect agents.
Agent: Mary Weille
Coach Realtors
Garden City
Lenora Smith
Date of Visit:
05-16-16
Listings Given:
10
Census Tracts:
70% white on average
Gretchen Olson
Date of Visit:
06-13-16
Listings Given:
16
Census Tracts:
85% white on average
Experts’ Opinions
Based on information provided by NewsdayThis test raised questions about possible steering based on the facts that the agent provides listings in Rockville Centre and Garden City only to the white tester and listings in West Hempstead only to the African American tester.
Fred Freiberg Executive director of Fair Housing Justice Center
The difference between the number of Rockville Centre listings provided to the white tester and the number given to the black tester (5-0) may be large enough to make out a case of pro-white steering to Rockville Centre. If so, this conduct would produce claims by both the minority tester and the town.
Robert Schwemm Professor of law at the University of Kentucky College of Law
Agent and Company Responses
Agent Mary Weille declined to comment. Coach Realtors declined to comment.
Agent: Jayne McGratty Armstrong
Coach Realtors
Garden City
Kelvin Tune
Date of Visit:
11-04-16
Listings Given:
91
Census Tracts:
71% white on average
Lawrence Samuels
Date of Visit:
06-16-16
Listings Given:
83
Census Tracts:
82% white on average
Agent Remarks
Agent did not follow through on repeated requests for a tour.
Referring to a request for a tour, agent said this via text: "We will make this happen tomorrow! :)"
Experts’ Opinions
Based on information provided by NewsdayDifferential treatment, combined with the differences in where homes were selected by the agent for each tester raise concerns about discrimination, including possible steering. The agent refused to show any homes to the African American tester until he was formally pre-approved by a lender, while the same agent never mentioned pre-approval to the white tester and took him out to see a home. Most of the home listings selected by the agent for the white tester were in predominantly white communities such as Rockville Centre, Oceanside, Merrick, and Garden City, while most of the listings selected by the same agent for the African American tester were in predominantly minority or racially diverse areas such as Freeport, Westbury, West Hempstead, East Meadow and Floral Park. The differential treatment, combined with the differences in where homes were selected by the agent for each tester raise concerns about discrimination, including possible steering.
Fred Freiberg Executive director of Fair Housing Justice Center
The difference between the number of Rockville Centre listings provided to the white tester and the number given to the black tester (18-1) is large enough to make out a case of pro-white steering to Rockville Centre. This conduct would produce claims by both the minority tester and the town. These tests taken together show a clear pattern of pro-white steering to Rockville Centre.
Robert Schwemm Professor of law at the University of Kentucky College of Law
Agent and Company Responses
Agent Jayne McGratty Armstrong declined to comment. Coach Realtors declined to comment.
Agents: Neil Gortler and Diane Leyden
Laffey Real Estate
Great Neck
Pedro Jimenez
Date of Visit:
03-29-17
Listings Given:
27
Census Tracts:
69% white on average
Richard Helling
Date of Visit:
04-25-17
Listings Given:
31
Census Tracts:
76% white on average
Agent Remarks
Gortler: "And it can be really anywhere in Manhasset but my first choice for you would be – and how old is your daughter?"
Tester: "Thirteen. So she's going to be going into high school."
Leyden: "Going into high school. OK. My first choice would be any place in – you know, any part of Great Neck. Doesn't have to be north or south. You're – you can go either way."
Leyden: “You might be more comfortable in a certain demographic area that isn't heavily one way or another in terms of people … Do you want your kids to be in school with kids that they relate to?”
Experts’ Opinions
Based on information provided by NewsdayThe agent made troubling statements to the white tester that the tester might be 'more comfortable' in a school district with children that the tester’s children could 'relate to,' which suggests steering. The agent did not make these types of remarks to the Hispanic tester. While many of the listings selected by the agent for both testers were in areas of similar racial composition, the agent did not provide any listings to the Hispanic tester in Roslyn, the school district with the greatest white student population of all the areas selected.
Fred Freiberg Executive director of Fair Housing Justice Center
There is possible evidence of steering based on demographic comments made to the white tester and not to the Hispanic tester. There is lots of overlap in the listings (indicating no discrimination), but there is blatant differential treatment regarding the imbalance of listings in Roslyn (6 to white tester vs. 0 for Hispanic tester). This would be a possible violation, but follow-up tests of this agent needed to justify litigation.
Robert Schwemm Professor of law at the University of Kentucky College of Law
Agent and Company Responses
Newsday sent agents Diane Leyden and Neil Gortler letters detailing the findings of the tests, invited them by letter and email to view video recordings of their interactions with testers and requested interviews. They did not respond. Leyden did not respond to a phone message from Newsday to her office requesting comment. Gortler said when contacted: “I have absolutely no comment. Thank you.”
Agent: Joseph (Joe) Jannace
Realty Connect USA
Bellmore
Lenora Smith
Date of Visit:
01-13-17
Listings Given:
51
Census Tracts:
58% white on average
Kimberly Larkin-Battista
Date of Visit:
03-10-17
Listings Given:
39
Census Tracts:
67% white on average
Experts’ Opinions
Based on information provided by NewsdayThe selection of home listings by the agent raises some concern about possible steering. Most of the home listings the agent provided to the African American tester were in racially diverse areas such as Patchogue, North Babylon, Deer Park and Medford or predominantly minority areas such as Amityville, Copiague, Bay Shore and Brentwood with very few listings in predominantly white areas. The same agent gave the white tester listings in neighborhoods that are racially diverse, such as Valley Stream, East Meadow and Hicksville, and many listings in predominantly white areas like Seaford, Massapequa, Merrick and Commack.
Fred Freiberg Executive director of Fair Housing Justice Center
The apparent steering is particularly evidenced by white tester’s getting no listings in Amityville and getting lots of listings in west/white areas where the black tester did not.
Robert Schwemm Professor of law at the University of Kentucky College of Law
Agent and Company Responses
Agent Joseph Jannace viewed Newsday’s video recordings of his meetings with the testers and was shown maps of the listings he suggested. He declined to comment. Newsday presented its findings by letter to Kevin McClarnon, listed as chairman on the Realty Connect website, and to Michael Ardolino, Fern Karhu and Bert Cafarella, listed there as owner-brokers. None responded to the letters or follow-up phone calls.
Agent: Nancy Anderson
Laffey Real Estate
Northport
Niguel Williams-Easter
Date of Visit:
05-16-16
Listings Given:
10
Census Tracts:
80% white on average
Steven Makropoulos
Date of Visit:
08-24-16
Listings Given:
12
Census Tracts:
78% white on average
Agent Remarks
In an email the agent wrote: “The sellers want us to have qualified buyers. This is the reason why we need the letter … without the preapproval letter we will not be able to show the houses.”
Although the tester did not have preapproval, she said: "Next Wednesday, if you like, we can — and I can email you on Tuesday. Just to check and see if Wednesday
would be a good day, and I'll set up some appointments."
"So if you would like, we can start looking, get everything ready ... I could actually set them up within a 48-hour, 24-hour period, and then we're good to go."
Experts’ Opinions
Based on information provided by NewsdayThe agent’s refusal to provide service to the African American tester is an example of disparate treatment based on race. The agent told the African American tester that a preapproval letter was a condition of being shown homes but did not impose this same condition on the white tester.
Fred Freiberg Executive director of Fair Housing Justice Center
Evidence of blatant discrimination (inferior treatment of the black tester) regarding not showing houses before receiving a preapproval letter.
Robert Schwemm Professor of law at the University of Kentucky College of Law
Agent and Company Responses
Agent Nancy Anderson did not respond to a letter informing her of Newsday’s findings or to invitations by letter and email to view video recordings of her meetings with testers. When reached by telephone, she said, “I have no comment to you at this point.”
Mark Laffey, named on Laffey Real Estate’s website as principal owner, and Philip Laffey, described as overseeing Laffey Real Estate, did not respond to letters, emails and telephone calls requesting interviews or comment.
Agent: Aminta Abarca
Keller Williams Realty of Greater Nassau
Garden City
Kelvin Tune
Date of Visit:
01-12-17
Listings Given:
13
Census Tracts:
43% white on average
Richard Helling
Date of Visit:
11-21-16
Listings Given:
19
Census Tracts:
61% white on average
Agent Remarks
Via text message
Agent: "Please call me, so I my [sic] discuss somethings with both of you."
Tester: "Sorry, easier if you text or email. What's up?"
Agent: "OK, then let's meet at the office to discuss buyer consultation say about 12 noon."
Tester: "OK, will meet you at noon. Not sure what you mean by buyer consultation. What's up?"
Agent: "The paperwork we were going through (buy contact [sic]) last week. You stated you would discuss this with your wife, and would get back to me."
Tester: "Oh, I see. That makes sense. We're not planning to work with any other agent!"
Tester: "Sorry to be late today but thanks for meeting with me. I'm trying to explain to Phyllis about why we couldn't go out today. What do I tell her?"
Agent: "That agent only take Clients that have a buyer contract with her to show them homes."
Tester: "I will explain to her that this is your firm policy."
Agent: "Yes, thank you."
Agent in a voicemail to tester, who hadn't signed an exclusive buyer agreement: “Hi David, how are you? This is Aminta, just calling to see if you started to do some house hunting now that the holidays are over.”
In response to a message from tester, agent says: “Yes, Monday would be fine. I am looking forward to finding you and your family a new home."
Experts’ Opinions
Based on information provided by NewsdayThe agent treated the testers differently by requiring the African American tester to sign an exclusive agreement before she would provide a home tour while she took the white tester out for a tour without requiring such an agreement. Neither tester asked the agent for information about demographics and yet the agent urged the testers to investigate the demographic makeup of any community or school district they were considering. She also provided more listings to the African American tester in areas where there were larger African American student populations, an indication of possible steering.
Fred Freiberg Executive director of Fair Housing Justice Center
Evidence of blatant discrimination (inferior treatment of the black tester) regarding not showing houses before an agency agreement was signed. Plus, blatant evidence of differential treatment and steering. There are lots of examples of the white tester getting listings in white areas that black tester did not get, and black tester getting listings in more minority areas that white tester did not get.
Robert Schwemm Professor of law at the University of Kentucky College of Law
Agent and Company Responses
Agent Aminta Abarca did not respond to a letter informing her of Newsday’s findings or to invitations by letter and email to view video recordings of her meetings with testers. She did not return a phone message seeking comment.
Keller Williams associate broker Gary Bauman viewed the video recordings and declined to comment. Asked for comment about the actions of four Keller Williams agents, including Abarca, chief executive officer Gary Keller responded through the firm’s national spokesman, Daryl Frost, who said in an emailed statement:
“Keller Williams does not tolerate discrimination of any kind. All complaints of less than exemplary conduct are addressed and resolved in partnership with our leaders to ensure compliance with our policies, as well as with local, state and federal laws. In addition, we require all Keller Williams agents to take the National Association of Realtors Code of Ethics training, developed in accordance with the Fair Housing Act, before they earn their Realtor’s license and thereafter, every two years to maintain it. Every Keller Williams franchise also receives extensive industry training and resources that reinforce best practices in fair housing.”
Agents: Le-Ann Vicquery and Jean Gillin
Formerly of Keller Williams Realty Homes & Estates
Hauppauge
Kelvin Tune
Date of Visit:
11-18-16
Listings Given:
37
Census Tracts:
31% white on average
Richard Helling
Date of Visit:
01-16-17
Listings Given:
11
Census Tracts:
86% white on average
Agent Remarks
Vicquery: "I have to tell you, my clients in Brentwood are the nicest clients … I always tell everybody that every time I get a new listing in Brentwood, or a new client, I get so excited because they're the nicest people."
Vicquery in a text message: "Hi dean, you may want to look into recent gang killings in the Brentwood area online.”
“As mentioned please kindly do some research for the gang related events in that area for safety.”
Experts’ Opinions
Based on information provided by NewsdayThe facts in the summary of this test provide a textbook example of racial steering. The agent (Vicquery) discouraged the white tester from considering housing in Brentwood because of recent gang killings and provided no listings of homes in Brentwood to the white tester. The same agent informed the African American tester that there are the 'nicest people' in Brentwood. The agent, with assistance from another agent with whom she works closely, provided multiple listings of homes in Brentwood for his consideration. Overall, the home listings provided to the African American tester were in areas with much greater minority populations when compared to the home listings provided to the white tester.
Fred Freiberg Executive director of Fair Housing Justice Center
This appears as a classic example of modern steering – nobody uses racial epithets anymore. The community that the black tester is being shown is different from the white tester’s area. There are also the statements about gang violence and other situations that are mentioned only to the white tester. I don’t know whether there’s an outright refusal to show the white tester Brentwood homes, but it comes pretty close to that. The Vicquery-Gillin arrangement does not excuse the differential treatment here.
Robert Schwemm Professor of law at the University of Kentucky College of Law
Agent and Company Responses
Before publication of Long Island Divided, agents Le-Ann Vicquery and Jean Gillin did not respond to letters notifying them of Newsday’s findings or to letters and emails inviting them to view video recordings of meetings with testers and requesting an interview. Vicquery declined to comment when reached by phone; attempts to reach Gillin were unsuccessful.
Seven weeks after publication, Vicquery contacted Newsday by email. She pointed out that Newsday’s article had not mentioned that the listings sent to the black tester had come from the email account of her partner, Gillin. In a subsequent interview, she was asked why she had not warned the black tester about gang violence in Brentwood. Vicquery said she had not been fully aware of the highly publicized events in the community, which she served as a real estate agent. She said her lack of knowledge showed “what a bubble I live in.” Vicquery said that she later warned the white tester because she had heard a gang-related story on television or radio on the day she escorted the tester on house tours. “There was a big thing that exact day and it scared the crap out of me,” she said, while adding that she does not remember what had been reported.
Questioned about pointing the white tester away from Brentwood, Vicquery said that she had researched the suitability and availability of every house there that had shown up in the Multiple Listings Service of Long Island database. All were outside the requested price range, required extensive renovations or were subject to an accepted purchase offer, she said. She also stated that the database had expired, making it impossible to verify her research. “I understand that steering goes on and I am absolutely disgusted by it,” Vicquery said, adding, “I can guarantee you I did not steer.” At the same time, Vicquery said she did not remember looking into the availability of the two Brentwood houses suggested to her by the white tester.
Contacted after Vicquery made her comments to Newsday, Gillin wrote in an email that she has no recollection of the events. Referring to the black tester, she wrote, “I did not have knowledge that he was black until I met him.” On the question of how the black tester came to be pointed toward houses in Brentwood, Gillin wrote, “The houses that were sent are computer generated from criteria given to me unquestionably from Le-Ann (Vicquery) since she is the only one that had contact with him.” She also said it is possible Vicquery prepared and sent the listings from Gillin’s account.
Asked for comment about the actions of Keller Williams agents, including Vicquery and Gillin, chief executive officer Gary Keller responded through the firm’s national spokesman, Darryl Frost, who said in an emailed statement: “Keller Williams does not tolerate discrimination of any kind. All complaints of less than exemplary conduct are addressed and resolved in partnership with our leaders to ensure compliance with our policies, as well as with local, state and federal laws.
“In addition, we require all Keller Williams agents to take the National Association of Realtors Code of Ethics training, developed in accordance with the Fair Housing Act, before they earn their Realtor’s license and thereafter, every two years to maintain it. Every Keller Williams franchise also receives extensive industry training and resources that reinforce best practices in fair housing.”
Agent: Suzanne Greenblatt
Keller Williams Realty Elite
Massapequa Park
Ryan Sett
Date of Visit:
06-22-17
Listings Given:
84
Census Tracts:
66% white on average
Steven Makropoulos
Date of Visit:
03-21-17
Listings Given:
6
Census Tracts:
89% white on average
Experts’ Opinions
Based on information provided by NewsdayThe agent provided the white tester with listings only in predominantly white areas while giving the African American tester listings in surrounding areas, including many in predominantly minority areas. This suggests possible racial steering.
Fred Freiberg Executive director of Fair Housing Justice Center
The predominance of black-only listings in the heaviest minority areas strongly suggests steering. In addition, the white tester could complain that the agent denied opportunities of living in more diverse areas. Also, those areas where the map shows black-only listings could sue for having their housing market racially impacted by this agent’s behavior.
Robert Schwemm Professor of law at the University of Kentucky College of Law
Agent and Company Responses
After viewing video recordings of her meetings with the testers and reviewing where she suggested listings to each tester, Agent Suzanne Greenblatt said that the white tester “did not seem like a serious buyer” so “I just sent the most recent listings with the higher probability of being available and that’s all that we had agreed to.” She said of the black buyer, “We had conversations that led me to believe he was a serious buyer.”
Greenblatt said she compiled the listings for the black tester by inserting home search criteria into the Multiple Listing Service of Long Island computer system based on his price range for all of Nassau County. Asked whether it was natural for the search to produce listings in the predominantly minority communities as well as some predominantly white areas, she responded that some towns have a larger number of “older-style houses.” Asked for comment about the actions of Keller Williams agents, including Greenblatt, chief executive officer Gary Keller responded through the firm’s national spokesman, Darryl Frost, who said in an emailed statement:
“Keller Williams does not tolerate discrimination of any kind. All complaints of less than exemplary conduct are addressed and resolved in partnership with our leaders to ensure compliance with our policies, as well as with local, state and federal laws.
“In addition, we require all Keller Williams agents to take the National Association of Realtors Code of Ethics training, developed in accordance with the Fair Housing Act, before they earn their Realtor’s license and thereafter, every two years to maintain it. Every Keller Williams franchise also receives extensive industry training and resources that reinforce best practices in fair housing.”
Agent: Judi Ross
Formerly of Keller Williams Realty Elite
Massapequa Park
Kelvin Tune
Date of Visit:
04-26-17
Listings Given:
12
Census Tracts:
76% white on average
Richard Helling
Date of Visit:
04-03-17
Listings Given:
22
Census Tracts:
83% white on average
Agent Remarks
"When it comes to schools, I'm not allowed to say what's a good district or what's not. But when you look up the district, there's a school district report card, and you look on there, like I'll give you different towns. You know, you look there, and then it tells you like the number, percentage that go to college and all that."
“So, do the school report card and then you can decide which, you know, like I said, legally I get in big trouble if I . . . There’s a few districts that I know, I would, like, not, like, I won’t look in those towns. You know like Freeport and Baldwin and Amityville, which is part of Massapequa schools but it’s just certain parts of Massapequa. They’re a little further west, the east, so, I wouldn’t go near them.”
Experts’ Opinions
Based on information provided by NewsdayThe agent’s comments, coupled with the home listings selected by the agent, indicate that the agent may have been steering the white tester away from areas and school districts with minority populations. The agent directed the white tester away from areas served by three school districts that were predominantly minority, stating, 'I wouldn’t go near them,' while acknowledging that it was illegal for her to make such remarks. The same agent did not tell the African American tester which school districts to avoid and instead suggested the tester should do his own 'homework' to find a good school district. Most of the home listings selected by the agent for the African American tester were in areas with slightly greater minority populations served by school districts that had greater minority student populations when compared to the home listings provided to the white tester.
Fred Freiberg Executive director of Fair Housing Justice Center
Strong evidence of steering. Plus, evidence of difference in treatment, in that the agent’s remark to the white tester about school districts where she 'won't look in those towns, like Freeport and Baldwin and Amityville,' was not made to the black tester.
Robert Schwemm Professor of law at the University of Kentucky College of Law
Agent and Company Responses
Agent Judi Ross declined to comment. Ross was with Keller Williams at the time of Newsday testing, but is now with Douglas Elliman Real Estate. An attorney with Kasowitz Benson Torres, the law firm representing Douglas Elliman, said Newsday’s characterization of Ross’ comment about not looking in the communities of Freeport, Baldwin and Amityville “is wrong and taken out of context.”
The attorney, Jessica T. Rosenberg, said Ross “never referenced the racial makeup of the district or alluded to race. Ms. Ross was merely speaking to her understanding of the school’s rating, which has nothing to do with race, and to the geographical fact that those districts are further ‘east’ and thus even further from Manhattan. She ‘wouldn’t go near them’ for purposes of the tester’s desire to be within 45 minutes from Manhattan.”
Ross placed listings for the white tester as far east as Massapequa Park and Farmingdale, communities much farther to the east than Freeport or Baldwin.
Agent: Gina Minutoli
Century 21 American Homes
East Meadow
Pedro Jimenez
Date of Visit:
04-27-17
Listings Given:
42
Census Tracts:
76% white on average
Richard Helling
Date of Visit:
05-17-17
Listings Given:
78
Census Tracts:
79% white on average
Experts’ Opinions
Based on information provided by NewsdayThe selection of listings by the agent raises concern about possible steering. Although the agent selected listings for both testers in predominantly white and racially diverse areas, all of the listings selected by the agent in predominantly white Levittown and most of the listings selected in predominantly white Merrick were provided to the white tester.
Fred Freiberg Executive director of Fair Housing Justice Center
The difference between the number of Merrick listings provided to the white tester and the number given to the Hispanic tester (19-3) shows heavy pro-white steering to Merrick. The difference between the number of Levittown listings provided to the white tester and the number given to the Hispanic tester (22-0) is large enough to make out a case of pro-white steering to Levittown.The conduct seems to violate the Fair Housing Act vis-a-vis Levittown, potentially producing claims by both the minority testers and the town.
Robert Schwemm Professor of law at the University of Kentucky College of Law
Agent and Company Responses
Newsday detailed the findings to Minutoli by letter, invited her by letter and email to view video recordings of her interactions with testers and requested an interview. She, along with a fellow agent and branch manager, reviewed Newsday’s video recording and listings maps, but none of them commented at the time.
More than a month later when Newsday reached out to her for a comment, Minutoli said, “I had gotten an email from someone. It’s extremely unfounded. It’s so untrue. I was told by everyone not to comment. It’s sad, that’s all I’m going to say. It’s so not me.”
Agent: Muhammad Chowdhry
Century 21 American Homes
Franklin Square
Kelvin Tune
Date of Visit:
07-20-17
Listings Given:
6
Census Tracts:
67% white on average
Richard Helling
Date of Visit:
04-20-17
Listings Given:
12
Census Tracts:
49% white on average
Agent Remarks
"Mixed neighborhood like Guyana, you know, and, you know, from the island people. There are mixed people, you know?"
"So, you see, the closer you get to the city you have a subway and buses so other people that's coming into the area, you know, the safety factor, it'll go down."
Experts’ Opinions
Based on information provided by NewsdayThe agent made inappropriate and discriminatory statements to the white tester. While the agent provided both the African American and white tester with listings in similar areas, the agent cautioned the white tester to stay further away from New York City (Queens) due to the race/national origin of the people in that area. The agent implied that the presence of a 'mixed neighborhood like Guyana' raised a 'safety factor.'
Fred Freiberg Executive director of Fair Housing Justice Center
The conversation with the white 'customer' is concerning, particularly when not given to the black tester. The 'mixed neighborhoods like Guyana' might have a claim against this agent for steering all customers away.
Robert Schwemm Professor of law at the University of Kentucky College of Law
Agent and Company Responses
Agent Muhammad Chowdhry declined to comment. Century 21 American Homes declined to comment.
Agent: Joy Tuxson
RE/MAX Beyond
East Meadow
Payal Mehta
Date of Visit:
06-16-17
Listings Given:
7
Census Tracts:
83% white on average
Brittany Silver
Date of Visit:
06-29-17
Listings Given:
6
Census Tracts:
86% white on average
Agent Remarks
"I sold my nephew a house, him and his bride. They were fiancé then, now they're bride, husband and wife. I sold them a house in Massapequa Park and they started looking. He sent me a bunch of houses because they looked online and they wanted granite, kind of all things and you know they wanted a redone house. Everybody does. And I looked at the houses and I called him up. I said ... 'You sent me houses with seven different school districts.' I said, 'Do you really want your future kids to take it?' I said, 'Do you really want your future children going to Amityville School Districts?' I mean you, the school district can be tremendously different so that's really important."
"Well, when I send you the houses, they have the school district on it. And, again, I'm not allowed to steer you. But you go on — and I'm not going to send you anything in Wyandanch unless you don't want to start your car to buy your crack, unless you just want to walk up the street."
Experts’ Opinions
Based on information provided by NewsdayThis is an example where both testers received listings in similar areas, but one or more statements made by the agent were discriminatory or involved possible steering away from predominantly minority communities and school districts. Agent told white tester she would not send the tester any listings in predominantly minority community of Wyandanch 'unless you don't want to start your car to buy your crack.' She did not make a similar remark to the Asian tester. She warned both the white and Asian testers away from Amityville schools, a school district where over 90% of the students are African American and Latino.
Fred Freiberg Executive director of Fair Housing Justice Center
The agent shared derogatory opinions about crime in the minority community of Wyandanch only with the white tester. Whether she was wrongly stereotyping or not, she provided greater information to the white tester than to the Asian. The agent’s comments about Wyandanch and Amityville schools suggest that these towns could sue for the agent’s steering whites and Asians away from them – but it would be advisable to do additional testing by black and/or Hispanic testers to see if this agent makes similar comments to these minorities.”
Robert Schwemm Professor of law at the University of Kentucky College of Law
Agent and Company Responses
Agent Joy Tuxson did not respond to requests for comment sent by letter, email and telephone. Kerry McGovern, RE/MAX vice president of communications, wrote in an email, “We have spoken with the franchise owners whose agents were included in the inquiry and are confident that they have taken this matter seriously and are committed to following the law and promoting levels of honesty, inclusivity and professionalism in real estate.”
Agent: Maria Vermeulen
Coldwell Banker Residential Brokerage
Massapequa Park
Pedro Jimenez
Date of Visit:
07-06-17
Listings Given:
103
Census Tracts:
88% white on average
Gabriel Kennedy
Date of Visit:
06-22-17
Listings Given:
105
Census Tracts:
83% white on average
Experts’ Opinions
Based on information provided by NewsdayThe selection of home listings by the agent raises concern about possible steering. Although the agent selected many home listings for both testers in predominantly white areas, only the white tester received listings in the predominantly white areas of Levittown and Merrick.
Fred Freiberg Executive director of Fair Housing Justice Center
The difference between the number of Merrick listings provided to the white tester and the number given to the Hispanic tester (7-0) is large enough to make out a case of pro-white steering to Merrick. The difference between the number of Levittown listings provided to the white tester and the number given to the Hispanic tester (28-0) is large enough to make out a case of pro-white steering to Levittown. The conduct seems to violate the Fair Housing Act vis-a-vis Levittown, potentially producing claims by both the minority testers and the town.
Robert Schwemm Professor of law at the University of Kentucky College of Law
Agent and Company Responses
Agent Maria Vermeulen declined to comment. The company provided the following statement: “Incidents reported by Newsday that are alleged to have occurred more than two years ago are completely contrary to our long term commitment and dedication to supporting and maintaining all aspects of fair and equitable housing. Upholding the Fair Housing Act remains one of our highest priorities, and we expect the same level of commitment of the more than 750 independent real estate salespersons who chose to affiliate with Coldwell Banker Residential Brokerage on Long Island. We take this matter seriously and have addressed the alleged incidents with the salespersons.”
Sources: Demographic data in maps from Census Bureau 2016 American Community Survey five-year estimates.
Agent Remarks
“In Brentwood-Bay Shore areas, we'll try to keep you around here,” and said agent would start with “a little Brentwood, a little Bay Shore, a little Hauppauge.”
"I run the Hauppauge division, which is going to be in the area that you're really looking for because if he’s in Brentwood, you’re gonna want to be in the, the surrounding areas."
"OK. Now let’s talk about the area, OK? He ... [works] in Brentwood, and I want you to go on — when you're on this app, you’re able to look at the school districts and their ratings. It’s important for you to look at the school districts and their ratings, because even though your child isn’t in it now, they’ll be heading into it. So it’s important to really kind of zone in on that. I can tell you that in — if he’s working in Brentwood — the areas that could surround would be Bay Shore, Islip. You could even do Hauppauge."