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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:
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/fhe/fheo.html
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