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 e conomic
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, 1-800-699-9777 (voice),
or 1-800-543-8294 (TDD).
Contact HUD on the internet at http://www.hud.gov/fhe/fheo.html.
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