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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:
- 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.
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.
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/fhe/fheo.html.
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