Fair Housing Act not to be taken lightly

Friday, January 3, 2014, Vol. 38, No. 1

Most of those who were unaware of Phil Robertson are aware of him now that the “Duck Dynasty” star has worked his way into every news outlet on the planet.

A&E, the network that airs “Duck Dynasty,” suspended Robertson for his comments in a GQ interview that veered into his beliefs concerning a myriad of sexual activities. His fans became irate, citing a violation of Robertson’s First Amendment rights, in particular free speech. The First Amendment establishes five rights of course, those concerning five freedoms, that of religion, speech, press, assembly, and the oft- forgotten right to petition.

Since Robertson was not arrested, his right of speech was not denied. With the uproar, Robertson was reinstated any way and “Duck Dynasty” will pick up a few million viewers no doubt as a result of this controversy.

The Fair Housing Act is as misunderstood as the First Amendment and there are a number of Realtor ethics that further enhance the spirit of the law. The Act is actually “Title VIII of the Civil Rights Act of 1968 (Fair Housing Act), as amended, prohibits discrimination in the sale, rental, and financing of dwellings, and in other housing-related transactions, based on race, color, national origin, religion, sex, familial status (including children under the age of 18 living with parents or legal custodians, pregnant women, and people securing custody of children under the age of 18), and disability.”

There are things that are illegal to say, and some seem harmless or even well-intentioned. For example, Nashvillian of the Year Renata Soto is the co-founder and executive director of Conexion Americas, an organization with a mission, according to its website, of building bridges “between the Latino native-born residents of Middle Tennessee.”

This organization has made significant strides in its mission and Ms. Soto is a driven, passionate leader deserving of all the awards she and her organization have reaped. Suppose Renata referred a person that had worked his way through her home ownership program to a Realtor and that Realtor showed the person a home that he wanted to buy.

If that person asked “Are there many Latino families in the area?” the Realtor could not answer that question without violating the Civil Rights Act. So don’t ask because we can’t tell.

Historically, in most cases, the question is not well meaning, rather the opposite. Usually, the question was raised from a person of one race inquiring as to the population of another race in an area in an effort to avoid co-existing with members of the other race.

A Realtor can go to jail for violating these laws. Mr. Robertson could not. My editor will edit this column. Some of the words I just wrote will never be seen by you. He is not violating my right to free speech. He can determine what goes into his publication.

In addition to the obvious information that Realtors can and cannot provide under the Fair Housing Act, there is other seemingly innocuous data that Realtors should not provide. Realtors should not answer questions as to the amount of crime in a specific neighborhood; rather those inquiries should be referred to sources that provide objective information. Neighborhood A may be perceived as unsafe while Neighborhood B may have a reputation of being safer, when in reality, there is more criminal activity in Neighborhood B.

Sale of the Week

While the condo market has boomed in this area for the past two years, some have contemplated the effect that the thousands and thousands of new apartment buildings might have. As was the case in 2003 through 2008, when 6,500 condominium units were built, there are those questioning the demand for the infusion of current influx apartment housing.

With the demand for downtown/midtown living on the rise and the need for student housing near the universities, especially Vanderbilt, the midtown and Vanderbilt neighborhoods have fallen prey to the bulldozers and cranes. Consequently, in those areas two real estate markets have converged, or collided, with those seeking rental housing and those that are purchasing real estate.

In the case of 3189 Parthenon Avenue, Unit 8, real estate seems to have incorporated the theory of restaurateur Randy Rayburn that competition increases business.

Located in the Rise at West End, the eight-unit development located behind the Parthenon, not on West End, boasted its first sale at $497,378 in early 2008, a time when Nashville’s 13-year real estate success began to fade into the Recession.

By late 2008, the unit that sold went for $395,000 and the developers were, most likely, glad to get it, even with the drop of more than $100,000.

As the market increased this year, the Rise was overshadowed by an enormous two-city-block apartment building on the corner of 31st Avenue and Long Boulevard, and the next sale came in June 2013 with the price having fallen to $318,000.

However, as the apartment complex filled, the prices at the Rise rose and activity abounded with sales of $395,000 in July, $364,000 in August and now the $389,300 sale this week.

In the half empty/full category, sales are up from $318,000 and down from $497,378.

The three-bedroom, three-and-a-half-bath condos include 1,816 square feet of floor space and a two-car garage. Kitchens include the now standard granite countertops, and listing agent Penny Tenpenny with Keller Williams added in her comments that the unit also featured titled balconies.

While there is no award given for longest listing of all time, Tenpenny deserves the perseverance award, as she worked with this development for years and during the most turbulent times in Nashville real estate history.

Virginia Degerberg of Village Real Estate Services represented the buyer. With Degerberg’s knowledge of construction and the West End corridor market, the sale was sound.

Richard Courtney is a partner with Christianson, Patterson, Courtney, and Associates and can be reached at [email protected]