WHAT EVERYONE SHOULD KNOW ABOUT FAIR HOUSING

The purchase of a home is one of the most significant events most people experience. It's more than the simple purchase of a place to live. A home purchase can directly and significantly impact the dreams, aspirations and economic destinies of the people involved.

The federal Fair Housing Act and other federal, state and local laws have been enacted to assure that all people making the purchase or sale of such an important asset are treated respectfully and fairly, without regard to such classifications as race, color, religion, gender, handicap, national origin and more.

THE LAW

Civil Rights Act of 1866

The Civil Rights Act of 1866 prohibited racial discrimination in the sale or rental of property, but provided little recourse to those who were discriminated against.

Fair Housing Act of 1968

Congress toughened anti-discrimination laws with the passage of the Civil Rights Act of 1968. Title VIII of the CRA was known as the Fair Housing Act, which provided a national policy of non-discrimination in housing. The law made it illegal to discriminate in the sale, rental or financing of housing because of race, color, religion, gender, or national origin. The Fair Housing Act also gave the federal government the authority to use its law enforcement powers to go after violators.

More Recent Civil Rights Updates

Since 1968, Congress has amended the Civil Rights Act several times, providing further protection against discrimination, especially with regard to housing and real estate. In addition to the classes listed above, federal law prohibits discrimination based on family status and handicap.

Equal Credit Opportunity Act

Consumer protection legislation that Congress passed in 1974 included the Equal Credit Opportunity Act, which required lenders to give businesses and consumers equal access to credit. The act specifically prohibited credit discrimination on the basis of race, gender, marital status, national origin, age, or dependence on public assistance. The law also mandated protection for consumers who exercised their rights under the Consumer Protection Act. At the direction of Congress, the Federal Reserve created Federal Reserve Regulation B to implement the ECOA. Among other mandates, Regulation B requires lenders to respond to credit applications within 30 days and, when an application is rejected, to offer an explanation in writing for denying credit.

Americans with Disabilities Act

Frequently referred to by the acronym ADA, the Americans with Disabilities Act was enacted in 1990 as a legal mandate to provide the greatest possible access for persons with disabilities, especially in places of employment and public accommodations, as well as in commercial facilities and certain types of housing.

State and Local Laws

In Oregon, state and local laws provide broader coverage and prohibit discrimination based on additional classes not covered by federal law.

RESPONSIBILITIES AND RIGHTS

The home owner, the home seeker and the real estate professional all have rights and responsibilities under the law.

For the Home Owner

Sellers and landlords have a responsibility not to discriminate in the sale, rental or financing of property. Sellers and landlords cannot instruct a broker or property manager acting as an agent to advertise or promote any unlawful limitations in the sale or rental of property. Under the law, a home seller or landlord cannot establish discriminatory terms or conditions for a purchase or rental, nor claim that housing is unavailable, nor advertise that a property is available only to persons of a certain class.

For the Home Seeker

Home seekers have the right to expect that housing will be available without unlawful discrimination. This includes the right to expect equality in all of the following aspects of searching for a home:

• Pricing;
• Professional services;
• Access to communities and housing locations;
• Financing, appraising and insurance;
• Contract terms for the purchase, rental or financing of the home;
• Reasonable accommodations in rules, practices and procedures for persons with disabilities;
• Freedom from harassment or intimidation for exercising fair housing rights.

For the Real Estate Professional

Agents in a real estate transaction are prohibited from unlawful discrimination. A request from ANYONE to act in a discriminatory manner cannot legally be fulfilled by a real estate professional.

THE REALTOR® FAIR HOUSING 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 term REALTOR® identifies a licensed professional in real estate who is a member of NAR. Not all licensed real estate brokers are members of NAR, and only those who are members may call themselves REALTORS®. These professionals conduct their businesses in accordance with a written Code of Ethics.

The Code of Ethics

Article 10 of NAR's Code of Ethics provides 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® pledge to conduct business in keeping with the spirit and letter of the Code of Ethics. Article 10 imposes obligations upon these REALTORS®, and is a firm statement of support for equal opportunity in housing.

IF YOU SUSPECT DISCRIMINATION

Call the Local Association of REALTORS®

Local REALTOR® associations accept complaints from home seekers alleging violations of the Code of Ethics. Local associations have established standards and procedures for enforcing the code, and will take corrective action in cases where a violation of the code is proven to have occurred.

Call the U.S. Department of Housing and Urban Development

Complaints alleging discrimination in housing may be filed with the United States Department of Housing and Urban Development (HUD).  The phone number for the nearest HUD office can be found in the Government Pages of most telephone directories (near the front of the book).