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213 Testing

The use of testers or investigators is a reasonable means by which compliance with fair housing laws may be ascertained, and evidence of their activities is an appropriate method of demonstrating the presence or absence of discriminatory policies. The fact that a tester is not a bona fide good faith renter or applicant does not impair his or her credibility as a witness. Beardon v. Bankier (Milwaukee Co. Cir. Ct., 12/01/83); Parish v. Sprenger (Milwaukee Co. Cir. Ct., 1984); Brantley v. Rosenblatt (Milwaukee Co. Cir. Ct., 09/06/84).

Testing does not constitute entrapment. Beardon v. Bankier (Milwaukee Co. Cir. Ct., 12/01/83).

A tester may lawfully tape record his or her conversation with another person, even in the course of a fair housing test and in contemplation of a lawsuit, as a legitimate means of preserving evidence. Beardon v. Bankier (Milwaukee Co. Cir. Ct., 12/01/83); Brantley v. Rosenblatt (Milwaukee Co. Cir. Ct., 09/06/84).