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Steps in Developing a Testing Program

Steps in Developing a Testing Program. Understanding the Requirements for Tests Christine Rice, PHRC Housing/Commercial Property Supervisor. Test standards are those articulated in Bryant - namely:. “wrap around/sandwich test”

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Steps in Developing a Testing Program

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  1. Steps in Developing a Testing Program Understanding the Requirements for Tests Christine Rice, PHRC Housing/Commercial Property Supervisor

  2. Test standards arethose articulated inBryant - namely: • “wrap around/sandwich test” • Control Tester, Test Subject Tester; Re-contact by first tester or another control tester. • Near identical information by testers. • Objectivity in reporting (to be covered later).

  3. Test must produce actual evidence of “different treatment”. • “Different treatment” must “adversely affect” test subject tester.

  4. 4. “Prima facie” proof : • Test Subject Tester must be a member of a protected class. • Test Subject Tester must have created appearance of a bona fide “qualified applicant”. • Test Subject Tester must ask for information and been given “different and adverse information”. • Control Tester established unit availability initially and reconfirmed it after test subject tester received “different information.”

  5. PROTECTED CLASSES

  6. HOUSING & COMMERCIAL PROPERTY Refusal to sell, lease, finance or otherwise to deny or withhold housing or commercial property (Section 5h1).

  7. HOUSING & COMMERCIAL PROPERTY Refusal to allow modification or make reasonable accommodations for persons with a disability (Sections 5h 3.1 and 3.2).

  8. HOUSING & COMMERCIAL PROPERTY • Rental situations • Eviction due to pregnancy or child • Advertisements • Real estate practices (Section 5.3) • Predatory lending & other lending practices

  9. End of Phase IIPart A Next – Ray Cartwright & What Makes a Good Tester

  10. Steps in Developing a Testing Program What Makes a Good Tester? Ray Cartwright, PHRC Housing/Commercial Property Division

  11. Who is a Good Tester? • People make good testers. • People who are objective make good testers. • People who are observant make good testers. • People who are “listeners” not “talkers” make good testers. Two ears to listen - one mouth to talk!

  12. Who is a Good Tester? • People who don’t have an “ax to grind” make good testers. • People who are “crusaders” do not make good testers. • Testers must also be capable of following directions. • Information sharing is taboo at all levels including “pillow talk”.

  13. End of Phase IIPart B Next – Martin Kearney Recruiting Testers & Training Them

  14. Steps in Developing a Testing Program Recruiting Testers and Training Them Martin Kearney, PHRC Education/Community Services Supervisor

  15. Recruiting & Training • A “good tester” is a good information gather. • “Information gatherers” are “listeners”. • We have two ears but only 1 mouth which suggests listening twice as much as talking. • Three “O’s” • Objective • Observant • Organized

  16. Recruiting & Training • Community member in good standing; • Available for a long period to test and to testify; • Team Player; • Trainable; • Training will be local with PHRC assistance; • Training materials are all on the disk.

  17. End of Phase IIPart C Next – Raymond Cartwright Announcing Testing vs. Covert Testing

  18. Steps in Developing a Testing Program Announcing Testing v. Covert Testing Raymond Cartwright, PHRC HCPD Director, Retired

  19. Announcing v. Covert • Historical evidence for both positions. • PHRC main test effort done in 1972 after housing industry was notified of testing methodology. • By contrast in individual cases confidentiality prevails. • Difference: the results. • Confidentiality limits testing as a deterrent but complies with the law.

  20. Announcing v. Covert • Industry notice however creates a ripple effect that helps to increase “voluntary compliance”. • This is achieved by creating a shift in perception. • Initially a person who seeks to have persons excluded on the basis of a protected class has the upper hand. • They have and control the flow of information.

  21. Announcing v. Covert 10. They have the power to provide adverse information with apparent impunity. • Once notice is given that testing is occurring the balance shifts to the consumer. • Now the information provider must assume EVERY PERSON SEEKING INFORMATION IS A TESTER.

  22. Announcing v. Covert 13. Knowing that testers develop information that is accepted as “evidence” by courts increases their risk of liability for misinformation. • Hence they are more prone to comply. • PHRC will be happy to coordinate “notice” with local agencies. • Remember too that “news” of test cases being filed is also “notice”.

  23. Announcing v. Covert 17. “Notice” of testing can also create the basis for “dialogue” with providers. • Such dialogue can lead to positive and constructive voluntary compliance with local monitoring. • Notice to municipalities with listing ordinances may lead official to reconsider the possible adverse affects. • Notice to all that “appearances of inaccessibility” will be incorporated in all tests prompts change.

  24. PHRC has resources on line at www.accessdoctors.state.pa.usfor providers and advocates

  25. Testing is a powerful tool … USE IT WISELY!!

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