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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
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