WHAT EVERYONE SHOULD KNOW ABOUT EQUAL
OPPORTUNITY IN HOUSING
The sale and purchase of a home is one
of the most significant events that an
individual will experience in their
lifetime. It is more than the simple
purchase of housing, for it directly
impacts the hopes, dreams, aspirations,
and economic destiny of those involved.
It is for this reason that the Fair
Housing Act and other federal and state
laws were enacted to guarantee a right
to a national housing market free from
discrimination based on race, color,
religion, sex, handicap, familial
status, and national origin.
THE LAW
Civil Rights Act of 1866
The Civil Rights Act of 1866
prohibits all racial discrimination
in the sale or rental of property.
Fair Housing Act
The Fair Housing Act declares a
national policy of fair housing
throughout the United States. The
law makes illegal any discrimination
in the sale, lease or rental of
housing, or making housing otherwise
unavailable, because of race, color,
religion, sex, handicap, familial
status, or national origin.
Americans with Disabilities Act
Title III of the Americans with
Disabilities Act prohibits
discrimination against persons with
disabilities in places of public
accommodations and commercial
facilities.
Equal Credit Opportunity Act
The Equal Credit Opportunity Act
makes discrimination unlawful with
respect to any aspect of a credit
application on the basis of race,
color, religion, national origin,
sex, marital status, age or because
all or part of the applicant's
income derives from any public
assistance program.
State and Local Laws
State and local laws often
provide broader coverage and
prohibit discrimination based on
additional classes not covered by
federal law.
THE RESPONSIBILITIES
The home seller, the home seeker,
and the real estate professional all
have rights and responsibilities
under the law.
For the Home Seller
As a home seller or landlord you
have a responsibility and a
requirement under the law not to
discriminate in the sale, rental and
financing of property on the basis
of race, color, religion, sex,
handicap, familial status, or
national origin. You cannot instruct
the licensed broker or salesperson
acting as your agent to convey for
you any limitations in the sale or
rental because the real estate
professional is also bound by law
not to discriminate. Under the law,
a home seller or landlord cannot
establish discriminatory terms or
conditions in the purchase or
rental; deny that housing is
available, or advertise that the
property is available only to
persons of a certain race, color,
religion, sex, handicap, familial
status, or national origin.
For the Home Seeker
You have the right to expect
that housing will be available to
you without discrimination or other
limitations based on race, color,
religion, sex, handicap, familial
status, or national origin.
This includes the right to expect:
-
Housing in your price range made
available to you without
discrimination;
-
Equal professional service;
-
The opportunity to consider a
broad range of housing choices;
-
No discriminatory limitations on
communities or locations of
housing;
-
No discrimination in the
financing, appraising, or
insuring of housing;
-
Reasonable accommodations in
rules, practices and procedures
for persons with disabilities;
-
Non-discriminatory terms and
conditions for the sale, rental,
financing, or insuring of a
dwelling; and
-
To be free from harassment or
intimidation for exercising your
fair housing rights
For the Real Estate Professional
Agents in a real estate
transaction are prohibited by law
from discriminating on the basis of
race, color, religion, sex,
handicap, familial status, or
national origin. A request from the
home seller or landlord to act in a
discriminatory manner in the sale,
lease or rental cannot legally be
fulfilled by the real estate
professional.
THE REALTOR® FAIR HOUSING PROGRAM
The NATIONAL ASSOCIATION OF
REALTORS® has developed a Fair
Housing Program to provide resources
and guidance to REALTORS® in
ensuring equal professional services
for all people. The term REALTOR®
identifies a licensed professional
in real estate who is a member of
the NATIONAL ASSOCIATION OF
REALTORS®. Not all licensed real
estate brokers and salespersons are
members of the National Association,
and only those who are may identify
themselves as REALTORS®. They
conduct their business and
activities in accordance with a
strict Code of Ethics.
The Code of Ethics
Article 10 of the NATIONAL
ASSOCIATION OF REALTORS® Code of
Ethics provides that "REALTORS®
shall not deny equal professional
services to any person for reasons
of race, color, religion, sex,
handicap, familial status, or
national origin. REALTORS® shall not
be a party to any plan or agreement
to discriminate against a person or
persons on the basis of race, color,
religion, sex, handicap, familial
status or national origin.
A REALTOR® pledges to conduct
business in keeping with the spirit
and letter of the Code of Ethics.
Article 10 imposes obligations upon
REALTORS® and is also a firm
statement of support for equal
opportunity in housing.
IF YOU SUSPECT DISCRIMINATION
Call the Local Board of REALTORS®
Local Boards of REALTORS® will
accept complaints alleging
violations of the Code of Ethics
filed by a home seeker who alleges
discriminatory treatment in the
availability, purchase or rental of
housing. Local Boards of REALTORS®
have a responsibility to enforce the
Code of Ethics through professional
standards procedures and corrective
action in cases where a violation of
the Code of Ethics is proven to have
occurred.
Call the U.S. Department of
Housing and Urban Development
Local Boards of REALTORS® will
accept complaints alleging
violations of the Code of Ethics
filed by a home seeker who alleges
discriminatory treatment in the
availability, purchase or rental of
housing. Local Boards of REALTORS®
have a responsibility to enforce the
Code of Ethics through professional
standards procedures and corrective
action in cases where a violation of
the Code of Ethics is proven to have
occurred.
Call the U.S. Department of
Housing and Urban Development
Complaints alleging
discrimination in housing may be
filed with the nearest office of the
United States Department of Housing
and Urban Development (HUD), or by
calling HUD's toll free numbers,
1-800-669-9777 (voice), or
1-800-543-8294 (TDD).
Contact HUD on the internet at
http://www.hud.gov/offices/fheo/index.cfm |
