|
|
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).
|
|
