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
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
