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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 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 in it.

The Law
Equal Opportunity in Housing is the law of the land and the right of all in this country without regard to race, color, religion, sex, handicap, familial status, or national origin.

Civil Rights Act of 1866
The Civil Rights Act of 1866 provides that "All citizens of the United States shall have the same right, in every State and Territory, as is enjoyed by white citizens thereof to inherit, purchase, lease, sell, hold and convey real and personal property." In the case of Jones vs. Mayer decided on June 17, 1968, the U.S. Supreme Court held that the 1866 law prohibits "all racial discrimination, private as well as public, in the sale or rental of property."

Fair Housing Act
The Federal 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 based on race, color, religion, sex, handicap, familial status or national origin. The law requires that all people be treated equally with respect to the terms or conditions of sale, purchase, lease or rental and prohibits making housing unavailable because of race, color, religion, sex, handicap, familial status or national origin.

The Responsibility
The home seller, the home seeker and the real estate professional 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 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 on the basis of race, color, religion, sex, handicap, familial status or national origin.

Under the law, a home seller or landlord cannot establish discriminatory terms or conditions in the purchase or rental; deny that housing is available for inspection, sale, or rent when in fact it 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

non-discrimination in the financing,appraising or insuring of housing

reasonable accomodations 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 harrassment or intimidation for exercising your fair housing rights.

For The Real Estate Professional
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.

Complaints alleging discrimination in housing may be filed with the nearest office of the Department of Housing and Urban Development, or by calling HUD's toll free number 1-800-669-9777.