Equal Housing Opportunity

The Fair Housing Act, along with other state and federal laws, guarantee a person’s right to a national housing market free from discrimination based on sex, race, color, religion, 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 makes illegal the discrimination of any kind in the sale, lease or rental of property. It is illegal to make housing unavailable based on sex, race, color, religion, handicap, familial status, or national origin.

Americans with Disabilities Act
The Americans with Disabilities Act prohibits any type of discrimination of persons with disabilities in commercial facilities and places of public accommodations.

Equal Credit Opportunity Act
The Equal Credit Opportunity Act makes discrimination in regard to a credit application illegal if based on race, color, religion, national origin, sex, marital status, age or because all or part of the applicant’s income is derived from any public assistance.

State and Local Laws
State and local laws are often broader in coverage and prohibit other discrimination based on classes not covered by federal law.

THE RESPONSIBILITIES

The home seller, buyer and Realtor® all have rights and responsibilities under the law.

For the Home Seller

A home seller or landlord has the responsibility, and is required by law, to not discriminate in the sale, rental or financing or property on the basis of race, color, religion, sex, handicap, familial status, or national origin. No licensed broker or salesperson acting as your agent may set any limitations in the sale or rental on your behalf, as they are also bound by law not to discriminate. By law, a home seller or landlord may not establish any discriminatory terms or conditions in regard to a purchase or rental, such as denying availability or advertising that the property is available only to those of a certain race, color, religion, sex, handicap, familial status or national origin.

For the Home Buyer

A homebuyer can rightfully expect that housing will be available without discrimination or other limitation based on race, color, religion, sex, handicap, familial status, or national origin.

This includes:

• Housing made available in the homebuyer’s price range, without discrimination.
• Equal professional service.
• A broad range of housing choices.
• No limitations on availability within communities or locations of property.
• No discrimination in the financing, appraising or insuring of property.
• No intimidation or harassment for exercising your fair housing rights

For the Real Estate Professional

All parties of the real estate transaction are legally prohibited from discriminating based on race, color, religion, sex, handicap, familial status, or national origin. A Realtor® is legally prohibited from acting on any landlord or seller request for discriminatory action in the sale, lease or rental.

THE REALTOR FAIR HOUSING PROGRAM

The NATIONAL ASSOCIATION OF REALTORS has developed a Fair Housing Program, providing resources and guidance to REALTORS to ensure equal professional services for all people. The term REALTOR refers to a licensed real estate professional who is also a member of the NATIONAL ASSOCIATION OF REALTORS. A licensed real estate broker or salesperson must be a member of the national association to identify themselves as REALTORS.
There is a strict Code of Ethics by which REALTORS conduct their business and activities.

The Code of Ethics

According to Article 10 of the NATIONAL ASSOCIATION OF REALTORS Code of Ethics, “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 or discriminate against a person or persons on the basis of race, color religion, sex, handicap, familial status or national origin.”

IF YOU SUSPECT DISCRIMINATION

Call the Local Board of REALTORS

Any alleged violation of the Code of Ethics may be filed with the Local Boards of REALTORS. The local Boards of REALTORS have an obligation to any homebuyer who alleges discriminatory treatment to enforce the Code of Ethics. Professional standard procedures and corrective action may be taken if it is proven that a violation of the Code of Ethics has occurred.