WHAT
EVERYONE SHOULD KNOW ABOUT EQUAL OPPORTUNITY IN HOUSING
The sale
and purchase of a home is one of Life's most significant
events. 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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