The sale and purchase of a home is one of the most significant events that any person will experience in their lifetime. In America we have the right to own a home and it is more than the simple purchase of housing, for it includes the hopes, dreams, aspirations and economic destiny of those involved. There are certain laws that do come into play that outline equality.
THE LAW
Civil Rights Act of 1866
The Civil Rights Act of 1866 prohibits all racial discrimination in the sale or rental of property.
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.
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 the disabled in places of public accommodations and commercial facilities.
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 Home Seller, the Home Seeker, and the real estate professional (and lender) 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 or financing of property on the basis of race, color, religion, sex, handicap, familial status, or national origin. You cannot instruct the licensed broker or sales person 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.
Licensed real estate brokers and 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.
FURTHER ASSISTANCE
Local Boards and Associations of REALTORS® will 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. 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, or 1-800-290-1617 (TYY). For information and publications on fair housing, call HUD's Fair
Housing Information Clearinghouse at 1-800-343-3442.
Form No. 166-799 Published by The NATIONAL ASSOCIATION OF REALTORS® 2/97
For more information call JoAnn Papsidero 321-243-4917 or email JoAnn@myFLdreamhome.com
