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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:
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Housing
in your price range made available to you without
discrimination;
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Equal
professional service;
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The
opportunity to consider a broad range of housing choices;
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No
discriminatory limitations on communities or locations of
housing;
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No
discrimination in the financing, appraising, or insuring of
housing;
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Reasonable accommodations in rules, practices and procedures
for persons with disabilities;
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Non-discriminatory terms and conditions for the sale,
rental, financing, or insuring of a dwelling; and
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To be
free from harassment or intimidation for exercising your
fair housing rights.
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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
Rental rates and fees are subject to change without
prior notice.
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