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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:
* 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).
Contact HUD on the internet at
http://www.hud.gov/offices/fheo/index.cfm
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