What Everyone Should Know About Fair Housing
The sale and purchase of a home is one of the most significant events
that any person will experience in his or her lifetime. It is more that the simple
purchase of housing, for it includes the hopes, dreams, aspirations, and economic destiny
of those involved.
THE LAWS
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 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 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, national origin, sexual orientation, or gender identity.
REALTORS shall not be parties to any plan or agreement to discriminate against a person or
persons on the basis of race, color, religion, sex, handicap, familial status, national
origin, sexual orientation, or gender identity. (Amended 1/14)
REALTORS, in their real estate employment practices, shall not discriminate against any person
or persons on the basis of race, color, religion, sex, handicap, familial status, national origin,
sexual orientation, or gender identity. (Amended 1/14)
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 Daytona Beach Area Association of REALTORS at 386.677.7131. We 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. We 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, 1-800-699-9777 (voice), or 1-800-543-8294 (TDD).
Contact HUD on the internet at
http://www.hud.gov