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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/fhe/fheo.html
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