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 of 1968
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
of 1974
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.
(480) 585-7429 fax
