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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 Responsibilities
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.
If You Suspect Discrimination
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 www.hud.gov |
