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Equal
Housing Opportunity
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
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;
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, 1-800-669-9777 (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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