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).
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