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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