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Equal Housing
Opportunity
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/
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