|
The sale and purchase of a
home is one of the most significant events that an individual will experience in
his 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 the right to a national housing
market free from discrimination based on race, color, religion, sex, handicap,
familial status, and national origin.
The Civil Rights Act of 1866 prohibits
all racial discrimination in the sale or rental of property.
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.
Title III of the Americans with
Disabilities Act prohibits discrimination against persons with disabilities in
places of public accommodations and commercial facilities.
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 often provide
broader coverage and prohibit discrimination based on additional classes not
covered by federal law.
The home seller, the home seeker, and
the real estate professional all have rights and responsibilities under the law.
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.
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.
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 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.
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.
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)
- 1-800-543-8294 (TDD).
You can contact HUD on the
internet at http://www.hud.gov/fhe/fheo.html
|
REALTOR®-- A registered collective membership mark that identifies a real estate professional who is a member of the National Association of REALTORS®.