What everyone should know about Equal
Opportunity in Housing
The sale and purchase of a home is one of the
most significant events that any person will experience in their
lifetime. It is more than the simple purchase of housing, for it
includes the hopes, dreams, aspirations and economic destiny of
those involved in it.
The Law
Equal Opportunity in Housing is the law of the land and the
right of all in this country without regard to race, color,
religion, sex, handicap, familial status, or national origin.
Civil Rights Act of 1866
The Civil Rights Act of 1866 provides that "All citizens of the
United States shall have the same right, in every State and
Territory, as is enjoyed by white citizens thereof to inherit,
purchase, lease, sell, hold and convey real and personal
property." In the case of Jones vs. Mayer decided on June 17,
1968, the U.S. Supreme Court held that the 1866 law prohibits
"all racial discrimination, private as well as public, in the
sale or rental of property."
Fair Housing Act
The Federal 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 based on
race, color, religion, sex, handicap, familial status or
national origin. The law requires that all people be treated
equally with respect to the terms or conditions of sale,
purchase, lease or rental and prohibits making housing
unavailable because of race, color, religion, sex, handicap,
familial status or national origin.
The Responsibility
The home seller, the home seeker and the real estate
professional all have rights and responsibilities under the law.
For The Home Seller
You should know that 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 on the
basis of race, color, religion, sex, handicap, familial status
or national origin.
Under the law, a home seller or landlord cannot
establish discriminatory terms or conditions in the purchase or
rental; deny that housing is available for inspection, sale, or
rent when in fact it 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
- Non-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
As a home seller or home seeker, you should know that 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 can identify
themselves as REALTORS. They conduct their business and
activities in accordance with a strict Code of Ethics.
As agents in a real estate transaction, licensed
brokers or salespersons 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 Equal Opportunity 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 Code of Ethics
Article 10 of the NATIONAL ASSOCIATION OF REALTORS Code of
Ethics requires that "REALTOR 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.
The Voluntary Affirmative Marketing Agreement
(VAMA)
The Voluntary Affirmative Marketing Agreement (VAMA), negotiated
with the U.S. Department of Housing and Urban Development
outlines a program of voluntary compliance in which REALTORS
voluntarily agree to certain activities and programs to acquaint
the community with the availability of equal housing
opportunity, to establish office procedures to ensure that there
is no denial of equal professional service, to make materials
available which will explain this commitment and to work with
other groups within the community to identify and remove
barriers to fair housing.
Further Assistance
Local Boards of REALTORS will accept complaints alleging
violations of the Code of Ethics filed by a homeseeker 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.
Complaints alleging discrimination in housing
may be filed with the nearest office of the Department of
Housing and Urban Development, or by calling HUD's toll free
number 1-800-669-9777. |
