By Attorney Ashley Richardson, MCJ Director, Housing Law Campaign
The Fair Housing Act has been the law of the land for more than half a century. It says, in plain terms, that no one should be denied a place to live, a home to buy, or a loan to buy a home because of who they are. But a law is only as strong as our ability to enforce it, and housing discrimination today rarely looks like a sign in a window stating a landlord will not rent or sell to someone based on their race, ethnicity, or disability.
It looks like a landlord who is suddenly “not showing the unit anymore” the moment they see someone they have made assumptions about based on a protected characteristic. It looks like a loan officer who steers one applicant toward an undesirable loan than another with the same income and background. It looks like a real estate agent who shows one home seeker three neighborhoods and another home seeker thirty neighborhoods.
You can’t always see that kind of discrimination from the outside. Sometimes you have to uncover it. That is exactly why fair housing testing exists. It is a powerful investigative process where trained individuals pose as prospective renters, buyers, and home seekers to see if a housing provider treats people differently based on protected characteristics.
At the Mississippi Center for Justice, we have been working with fair housing testers to uncover discrimination and uphold the rights guaranteed to all Mississippians under the Fair Housing Act for over ten years.
It is a method the U.S. Supreme Court has recognized as a legitimate way to detect and measure illegal housing discrimination, and it is one of the only tools that can uncover bias or discrimination that would otherwise go completely undocumented.
At MCJ, our testers work across four critical areas where families’ futures are decided:
- Rental — when someone is trying to rent a home or apartment,
- Sales — when someone is seeking to buy a home,
- Lending — when someone is trying to secure a loan to purchase a home, and
- Access and Design- ensuring that the design and construction of a dwelling adhere to accessibility standards.
Across all four areas, our testers are watching for discrimination against any of the Fair Housing Act’s protected classes — race, color, national origin, religion, sex, familial status, and disability. Where needed, MCJ can also test in the market of insurance- when homeowners search for homeowners’ insurance.
Here is something we run into constantly: most people have never heard of the Fair Housing Act, and even fewer know they have enforceable rights under it.
When we explain the law to community members—and then show them how they can play a direct role in ensuring that the law works as it was intended—something shifts. People become engaged and energized. They begin to see that the law is not simply an abstract concept; it is a tangible tool they can use to stand up for their neighbors, their families, and their communities.
When testing uncovers discrimination, the evidence does not simply sit in a file. Depending on what the testing reveals, our team can conduct additional testing to confirm a pattern, file an administrative complaint, or pursue litigation. Testing has been a critical evidentiary tool for fair housing enforcement in the United States, particularly Mississippi, including litigation in which testing uncovered discriminatory treatment around the Pearl area and helped establish the foundation for a legal case. Without testers willing to step forward, document their experiences, and provide evidence of what happens in the housing market, cases like these may never be identified or built.
You don’t need a legal background — just a willingness to show up, pay attention, and write down what you experience. Here’s what it looks like:
- Apply. Fill out a tester application. We’ll ask about your availability, whether you have reliable transportation, and other basics that help us match you to assignments. We aim to have a diverse pool of testers so that we’re able to test any protected class.
- Complete Training. In order to become a tester, you have to complete a training (typically around 6-7 hours, often scheduled on a Friday or Saturday) led by our testing coordinator and team. On the same day of training, you will complete a practice test to make sure you feel confident before a real assignment.
- Test Assignment. You’ll take on an assigned profile — details that may differ from your own identity — and go through a real housing interaction: touring an apartment, inquiring about a purchase, or asking about loan terms. Most individual tests take one to three hours.
- Write your Experience. Afterward, you’ll write a factual, detailed, and objective account of exactly what happened: what you were told, what you were asked, and how you were treated. Those details — down to whether someone was asked an odd question about their family or treated differently once race became apparent — are what turns an experience into evidence.
You must be at least 18 years old, a Mississippi resident, and you’ll need to pass a background check — but a past felony conviction is no longer a barrier to becoming a tester, depending on the felony. Testers are compensated for completing training and assignments where they will receive a small stipend and mileage reimbursement.
Not every tester is out on assignment every week — and that’s by design. We maintain a standing pool of trained testers so that when a new investigation opens or a pattern of complaints comes in, we already have people ready to go. Joining that pool means you’re part of an ongoing community committed to fair housing in Mississippi, even between assignments.
Discrimination can thrive in the gap between what people experience and what can be proven. Fair housing testers help close that gap. By documenting what happens in the housing market, testers provide critical evidence that can help turn experiences of discrimination into meaningful enforcement. If you want to help ensure that the Fair Housing Act has real meaning and impact in Mississippi, consider applying to become a fair housing tester today. Let’s uncover housing discrimination together.