UNDERSTANDING 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, 1-800-699-9777 (voice), or 1-800-543-8294 (TDD).
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