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 Civil Rights Act of 1866 prohibits all
racial discrimination in the sale or rental of property.
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.
Title III of the Americans with Disabilities
Act prohibits discrimination against persons with disabilities in places of
public accommodations and commercial facilities.
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 often provide broader
coverage and prohibit discrimination based on additional classes not covered by
federal law.
The home seller, the home seeker, and the real
estate professional all have rights and responsibilities under the law.
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.
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.
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 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.
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.
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.
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