Equal Housing Opportunity
What should you know about equal housing:
Contact HUD on the Internet at http://www.hud.gov/offices/fheo/index.cfm
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 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