Equal Opportunity in Housing: Common Sense?
In the age we live, you would expect the in the idea of providing equal opportunity in Real Estate to all people regardless of race, color, religion, sex, handicap, familial status, national origin, etc. would be common sense. However, on more then one occasion I have been asked by potential clients to limit the sale of their home only to certain people based on these very same attributes. What’s more surprising are their reactions when I tell them that not only am I prohibited by law to due such a thing, but that there is no way I could morally feel comfortable with such a request even if it wasn’t illegal.
I’ve decided to put together the following summary of a few of the various laws that are directed at this very subject as well as the responsibilities that go along with them. The source of this information was obtained via a publication made by the National Association of Realtors.
The Law
Civil Rights Act of 1866 – Prohibits all racial discrimination in the sale or rental of property.
Americans with Disabilities Act – Title III prohibits discrimination against persons with disabilities in places of public accommodations and commercial facilities.
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 is derived from any public assistance program.
Responsibilities
Seller/Landlord – you are required under law not to discriminate in the sale, rental and financing of a 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 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.
Buyer/tenant – This mean 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 location 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
Real Estate Professionals – 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 a 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.
Code of Ethics
In addition to Law, 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 or face, 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.
Should you have any questions or need further information,
please don’t hesitate to contact me, (775) 220-1630
Or visit my blog at www.SellingNorthernNV.com
Joshua Talayka
Chase International
Office: 775 850 5900
Toll Free: 877 922 5900
Cell: 775 220 1630
Fax: 775 850 5901
985 Damonte Ranch Pkwy, Ste. 110
Reno, Nevada (NV) 89521
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