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.
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 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
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
- Equal professional service;
- The opportunity to consider a broad range of housing choices;
- No discriminatory limitations on communities or locations
- No discrimination in the financing, appraising, or insuring
- 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
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