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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 Realtors® 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 - Contact HUD on the internet at
http://www.hud.gov/fhe/fheo.html
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