Edward Smith, Jr., Smith Commercial Real EstateThis column is offered to help educate agents new to commercial and investment brokerage and serve as a review of basics for existing practitioners.
Discrimination is making a distinction in favor of or against, a person based on the group, class, or category (referred to as a protected class) to which that person belongs rather than on individual merit. Discrimination is against the law.
There are seven federally protected classes: race, color, national origin, religion, sex, familial status and handicapped.
New York State now has eight additional protected classes: age, creed, sexual orientation, military status, marital status, disability, domestic violence victim status and added in May, 2016 gender identity. “Gender identity is defined as having or being perceived as having a gender identity, self-image, appearance, behavior or expression, whether or not that is different from that traditionally associated with the sex assigned to that person at birth. Included in the definition is “transgender” and “gender dysphoria” (a medical condition).”
In addition the amended regulation gave the NYS DOS the right to discipline a licensee that was found to have participated in a discriminatory practice. Penalties may include fines and the suspension or revocation of the agents or broker’s license.
Some cities have additional groups that you may not discriminate against. In New York City the following are protected classes: partnership status (domestic partners), alienage or citizenship status (one’s citizenship or immigration status), lawful source of income (Social Security, public assistance including Section 8) – this is also a protected class in Nassau, Suffolk and Westchester Counties – and gender identity (appearance, behavior “Different from that traditionally associated with the legal sex assigned to that person at birth.”)
In Connecticut, the protected classes are: age, mental disability, physical disability, learning disability, marital status, ancestry, gender, lawful source of income, sexual orientation, service animal access and criminal record (in employment and licensing by the state).
The State of New Jersey protects the following classes: race, creed (religion), color, national origin, age, ancestry, nationality, marital or domestic partner, civil union status, sex (including pregnancy), gender identity or expression, disability, military service, affectional or sexual orientation, atypical cellular or blood trait, genetic information, family status, and source of lawful income or source of rent payments.
As agents we must be careful that we do not inadvertently discriminate by asking questions of individuals about what groups (protected classes) they belong to or assuming a person is a member of a specific group, class or category. Treat all people individually.
Edward Smith, Jr., CREI, ITI, CIC, GREEN, MICP, CNE, is a commercial real estate consultant, instructor and broker at Smith Commercial Real Estate, Sandy Hook, CT.
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