Segregation in housing remains pervasive despite legislative attempts to end housing discrimination. The lack of a meaningful enforcement scheme has forced private litigants to seek their remedy for housing discrimination through the courts. To present a prima facie case of housing discrimination, private litigants have used individuals known as "testers," who pose as renters or home seekers in an attempt to secure evidence of disparate treatment. Although courts have accepted tester evidence as a necessary evil in exposing housing discrimination, the widespread use of tester evidence imposes significant costs on society and should not become the cornerstone of a national fair housing enforcement scheme.
Millspaugh, Peter E.
"Fair Housing Testing: Its Legal Status and Policy Implications,"
University of Baltimore Law Review: Vol. 13:
2, Article 2.
Available at: https://scholarworks.law.ubalt.edu/ublr/vol13/iss2/2