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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
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