Fair housing
What Everyone Should Know About Equal 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.
THE LAW
The Civil Rights Act of 1866 prohibits all racial discrimination in the
sale or rental of property.
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.
Title III of the Americans with Disabilities Act prohibits
discrimination against persons with disabilities in places of public
accommodations and commercial facilities.
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 of Iowa and local laws provide broader coverage and prohibit
discrimination based on additional classes not covered by federal law.
Cedar Rapids
THE RESPONSIBILITIES
The home seller, the home seeker, and the real estate professional all
have rights and responsibilities under the law.
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 may
not 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; or denay 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.
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 your 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, in 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
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 REAL®ORS®. 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.
During the history of our country, some persons have placed restrictions
on property based on race, color, religion, sex, handicap, familial
status, or national origin. Generally, these restrictions are void and
unenforceable, with limited exceptions for particular types of religious
housing and housing for older persons.
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.
Article 10 of the NATIONAL ASSOCIATION OF REALTORS® Code of Ethics
requires 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. 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 or national origin."
A REALTOR® pledges to conduct business in keeping with the spirit and
leter of the Code of Ethics. Article 10 imposes obligations upon
REALTORS® and is also a firm statement of support for equal opportunity
in housing.
Local boards of REALTORS® will accept complaints alleging violations of
the Code of Ethics files by a home seeker who alleges discriminatory
treatment by a REALTOR® 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 (HUD),
or by calling HUD's Discrimination Hotline at 1-800-669-9777,
1-800-927-9275 (TYY). Or, visit the HUD website at
www.hud.gov.
