Selling and purchasing your
home is one of the most significant events that you will experience
in your lifetime. Purchasing your home affects your hopes, dreams,
aspirations, and economic destiny. 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.
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 it illegal to discriminate
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 home seller, the home seeker, and the real estate professional
all have rights and responsibilities under the law.
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.
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
• Freedom from harassment or intimidation
for exercising your fair housing rights.
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 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.
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.
Complaints
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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