The federal Fair Housing Act makes it unlawful to discriminate in housing on the basis of race, religion, color, sex, nation origin, handicap (disability), and familial status. Because of all of its present and previous experience with housing discrimination work, Protection and Advocacy System (P&A) was one of two agencies in the country selected to participate in a Disability Discrimination Study from May to August of this year.

This national research project was sponsored by the United States Department of Housing and Urban Development (HUD). The project was conducted by the Urban Institute (UI), a national policy and research organization based in Washington, D.C.

P&A conducted discrimination tests involving disabled and non-disabled testers from the community. The tests of apartment complexes were designed to measure and estimate the incidence of differential treatment against persons with disabilities and the willingness of housing providers to make accommodations or modifications in the provision of housing for rent.

Albuquerque was selected to conduct tests for discrimination based on mental illness, cognitive disabilities, mobility impairment, and elderly wheelchair users. A large amount of preparation was done before testers were sent out. Intensive information and documentation was gathered before and after each test was completed. While the tests were conducted to uncover discrimination, they were for research purposes, not for enforcement purposes.

The tests conducted in the Albuquerque area involved some large complexes, but the majority were small privately owned complexes. P&A uncovered discrimination in about 45 to 50% of the tests. People were usually not willing to provide accommodations to people with disabilities. There was definitely differential treatment. Non-disabled testers were usually given different information (terms) than disabled testers. There was "discrimination with a smile" on the face of the landlords, managers, and owners.

The good news is that based on the results, the UI is working with HUD on allocating money for further tests around the country. UI was pleased with the findings. They said that the findings justified having more testing done.