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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 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).