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
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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