Equal Housing Opportunity
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
