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 buyer and other 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 Buyer
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; and
-
To be free from harassment or intimidation for
exercising your fair housing rights.
