The Ghettos Of Long Island

Long Island is a collection of ghettos, primarily grouped by race and relative wealth.* The latter can’t be helped, as million dollar homes cost a million dollars, but the former is inexcusable and, not insignificantly, unlawful.

In one of the most concentrated investigations of discrimination by real estate agents in the half century since enactment of America’s landmark fair housing law, Newsday found evidence of widespread separate and unequal treatment of minority potential homebuyers and minority communities on Long Island.

The three-year probe strongly indicates that house hunting in one of the nation’s most segregated suburbs poses substantial risks of discrimination, with black buyers chancing disadvantages almost half the time they enlist brokers.

On the one hand, this is a curious study, given that the old model of a house buyer finding an agent to show them houses for sale has given way to online searches. It was once the norm that you found an agent, told them what you were looking for and they would pull listings and take you for showings.

That’s largely gone now, as websites like Zillow and Trulia have every house for sale, with pics and all the relevant details, and people do their own search, calling agents only after they’ve found something they want to see. In this scenario, the agent can’t steer a buyer to black or white neighborhoods, although they can still steer them away.

Nonetheless, the Newsday study showed, convincingly, that when buyers went to real estate agents, the steering problems persisted.

Newsday sent white investigators posing as buyers to meet with 93 real estate agents about 5,763 listings across Long Island. Then, they sent a second buyer — either black, Hispanic or Asian — to meet with the same agents. The practice is a gold-standard methodology known as “paired testing,” in which real estate agents are contacted by pairs of prospective clients with similar financial profiles.

Black testers were treated differently than white ones 49 percent of the time. Hispanic buyers encountered unequal treatment 39 percent of the time and Asian buyers 19 percent of the time.

And they name names, branding some agents with a huge “R” on their fevered brow.

Sometimes, in exchanges recorded by undercover cameras, agents would deter white buyers from house hunting in minority areas.

“Follow the school bus, see the moms that are hanging out on the corners,” Rosemarie Marando, a Coldwell Banker Residential Brokerage agent, told one buyer.

In another case, Le-Ann Vicquery, then a Keller Williams Realty agent, extolled the virtues of the Long Island hamlet of Brentwood to a black buyer. But to a white buyer interested in Brentwood, Ms. Vicquery sent this text message: “You may want to look into recent gang killings in the Brentwood area online.”

That the two agents “outed” are women isn’t surprising, not because women are inclined to racism but because of the nature of real estate agents. There are generally two types, those for whom selling real estate is a full-time, serious occupation and dabblers. It’s an easy license to get, and if you can list and/or sell one house a year, you can make decent money with little effort. It’s a sweet way to supplement family income without breaking a sweat.

But if you don’t sell, you make nothing for your efforts, so you show houses you believe people are most likely to buy. If you piss off the neighbors, they don’t list their house with you, so you don’t bring buyers to homes that will end up making the neighbors hate you. This isn’t said as a justification, but an explanation. Agents indulge, if not promote, racial steering for the money.

Whether their view of how racial steering will impact sales or popularity is correct, who knows? It’s not that this is a defense to unlawful conduct. It’s not. But not every real estate agent is brilliant when steering buyers to their respective ghettos, so they may believe it even though it’s their racism rather than the marketplace’s racism. And even if it is the real estate market’s racism, it’s still unlawful. Pissed off neighbors do not constitute a defense to the law.

But the market is soft, and has been for more than a decade. Real estate isn’t a big money maker these days, as young people aren’t buying homes to create generational wealth and stability, so the agents who rely on real estate for their livelihoods are working harder, doing whatever they can to make a buck, and taking no risks of missing opportunity, even if that means breaking the law. Agents will deny this, and it’s not every agent, but the study shows what it shows.

The days of racial steering to keep people in the ghettos of their own kind are not gone. But we already have a law that forbids this, the Fair Housing Act, and it’s not doing its job. What more can be done?

But Newsday found that the state has not conducted any additional paired testing after that initial round of 88 tests. The Newsday investigation makes clear that the state needs to get up off the couch.

The paired testing Newsday relied upon is expensive, but necessary. The Department of Housing and Urban Development conducts a national test every decade, which reliably finds evidence of discrimination. The most recent results were published in 2012.

Taxpayers need not foot the bill. By licensing real estate agents, New York is conferring a valuable privilege. That license also comes with obligations and, evidently, a need for more supervision. The conclusion is straightforward: New York should impose a fee on real estate agents to fund a vigorous program of paired testing, and agents who are found to be discriminating against clients should face severe penalties.

As real estate agents suck wind in a market that no longer has much use for their services, and where not enough sales happen to support them as an occupation, why not make the job less viable, more expensive and potentially ruinous? For those agents serving the lower-priced housing market, this would be the end of the road. Real estate agents would no longer steer because there would be no more agents serving that community. Was that the goal? But wait, there’s more.

Yet the persistence of discrimination suggests the need for still stronger correctives.

In Australia and the United Kingdom, home buyers rarely hire their own real estate agents. Instead, the agent selling a home handles the whole process. This is significantly cheaper for buyers and sellers, and it limits the opportunity for discrimination, since buyers decide which houses to visit on their own.

The key difference is that buyers in those countries pay agents directly, whereas in the United States, the trade associations that control real estate listings require sellers to agree to pay the buyer’s agent as a condition of listing a home.

The division between seller’s agent and buyer’s agent has been filtering through real estate for the past decade, but the buyer’s agent still gets paid half the commission for a sale. No sale, no money. Would it help buyers to have to pay real estate agents up front for their services? If they fail to find a house to buy, they’re out the money but have the comfort of believing their agent acted solely in their best interests. Except they have no new home and empty pockets.

Consumer advocates have long attacked this “buyer broker rule” as a key reason agents still are able to command such high fees. That is reason enough for New York to end the practice. But reducing the reliance of buyers on real estate agents — or at least shifting the relationship so the agent is paid by the buyer — could also make a meaningful difference in reducing the practices uncovered by Newsday.

These words are, obviously, strung together in a paragraph, but make no logical sense. One of the most persistent problems with trying to eradicate intractable racism is that we see its consequences but manufacture some word-salad rationalization for why it happens and, accordingly, how to fix it.

This produces “solutions” that are at best meaningless and at worst deeply counterproductive, as it just creates another burden, this time financial, on the people you’re trying to help. Don’t ask me what the answer is. Intractable societal problems are intractable for a reason, and effective answers don’t come easily. But Menckian answers do, and they’re being pushed with reckless abandon. Remember the syllogism:

Something must be done.
This is something.
This must be done.

The original problem persists, but we’ve managed to make things even worse.

*This is a gross oversimplification, but suffices for the purpose of this post. In the rich ‘hoods, nobody cares much about race, as the barrier to entry is money. If you can afford it, wealth transcends skin color or ethnicity. It’s an interesting distinction.


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6 thoughts on “The Ghettos Of Long Island

  1. ErikH

    This is an area where I have considerable expertise.

    TL/DR:
    1) All brokers want to make money.
    2) They make money by effectively giving clients what they want, including the information they are looking for.
    3) Information about neighborhood/race/culture/religious composition is a huge part of what clients are looking for.
    4) Brokers can’t legally ask or provide that information due to fair housing regs
    5) So they are forced to rely on stereotypes, which are more efficient than “no stereotypes.”
    6) In other words, the law makes the stereotypes more likely.
    7) This backwards result is equivalent to the effect of barring criminal conviction questions on applications, which makes discrimination *increase*.

    Long version:
    The problem is not a buyer broker, it’s the fair housing laws that prohibit the brokers from providing clients with the information that they want. As a broker and an instructor (of other brokers) I always get lots of pushback from students on the “information” part of those laws, because the law requires us to refuse to meet our client’s otherwise-legal demands merely because a broker is involved.

    Fair housing law as interpreted requires that brokers refuse to answer, assist, or provide information relating to discrimination on any protected class. And “information” has also been broadly interpreted so that (for example) you can’t even advertise “walking distance to St. Andrew’s” lest you inadvertently communicate discriminatory intent to a potential client.

    This applies equally to both sides, though as you can see it’s viewed VERY differently depending on whose ox is being gored. Showing white people an area which is mostly white is “giving them what they want,” while doing the same thing for a marginalized group is enough to get the pitchforks out.

    Making it trickier is that it’s perfectly legal for clients to exercise whatever preferences they want, on their own (at least for now.) And that applies whether they prefer the company of ironically-bearded progressives; Orthodox Jews; Latinas; Amish; or anything else–including “white people.”

    So there’s a quandary. It’s a rare, poor, broker who doesn’t want to make a sale just because they dislike the buyer. If brokers were entitled to ask what people wanted to see, and to filter that by race/interest/culture/etc, then a broker would absolutely do so: it’s efficient and leads to a sale. If you want to be the first gentrifier or the first POC on a white block, then a buyer’s broker will sell it to you.

    But they can’t ask. So they stereotype.

    This surprising effect is similar to the effect of barring “criminal conviction” questions on applications: the discrimination INCREASES because people are forced to resort to bare assumptions rather than get information they want. IOW, employers, when restricted from asking about convictions on an individual basis, will rely on broader less-individual-but-still-accurate assumptions about entire classes of individuals.

    The problem will probably never change. Removing or altering the fair housing laws to account for personal preferences (across protected classes) is a political death sentence.

    1. SHG Post author

      So you agree with me with a lot more words. That’s nice. Your point about relying on stereotypes is well taken, another unintended consequence (and your analogy to convictions is spot on).

  2. B. McLeod

    So, it’s basically “identity marketing.” The brokers make assumptions about what their customers are looking for based on their apparent ethnic identity. It’s OK for political parties and candidates now, so what makes real estate different?

  3. losingtrader

    Certainly an interesting post but I’m perplexed because I see no evidence of this “pissing off the neighbors” concern among brokers I deal with…and I deal with quite a few. The buyer’s brokers are only interested in whether the buyer has approved financing or cash. They are happy to deal with anyone.

    It’s certainly food for thought but is LI somehow unique ?

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