SECTION 335:20-1-6. Use of "testers" to discover housing discrimination

(a)   The courts have repeatedly approved and sanctioned the role of "testers" in racial discrimination cases. The Supreme Court has defined "testers" in the context of housing discrimination cases as individuals who, without intent to rent or purchase a home or apartment, pose as renters or purchasers for the purpose of collecting evidence if unlawful steering practices. ["Havens Realty Corporation v. Coleman" 455 U.S. 373 (1982)].

(b)   It is frequently difficult to develop proof in discrimination cases, and the evidence provided by testers is valuable, if not indispensable. It is surely regrettable that testers must mislead commercial landlords and home owners as to their real intentions to rent or buy housing. Nonetheless, we have long recognized that this requirement of deception was a relatively small price to pay to defeat racial discrimination. The evidence provided by testers both benefits unbiased landlords by quickly dispelling false claims of discrimination and is a major resource in society's continuing struggle to eliminate the subtle but deadly poison of racial discrimination. "Richardson v. Howard" (CA 7, 7-21-83) E.O.H. 15,462.