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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