| 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 any
person will experience in their lifetime. It is more that the
simple purchase of housing, for it includes the hopes, dreams,
aspirations, and economic destiny of those involved.
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
Untied 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 you 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.
-
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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