Fair Housing Laws Protect You - President’s Message Chris Sloan
President’s Message:
Chris Sloan
April celebrates the 41st anniversary of the passage of the 1968 federal Fair Housing Act, which makes illegal any discrimination in the sale, lease or rental of housing.
The act was passed to ensure that all Americans have equal access to housing of their choice.
As we commemorate this historic legislation, which protects your right to live where you want, it is a great time to review what protections you have under the Fair Housing Act.
In the sale and rental of housing, the law prohibits various actions based on race, color, religion, sex, national origin, handicap or familial status (including children under the age of 18 living with parents or legal custodians, pregnant women and people securing custody of children under the age of 18), according to the U.S. Department of Housing and Urban Development. These seven characteristics are known as protected classes.
As we discuss the protections provided under the act, keep in mind however, that while most housing is covered, there are a few exceptions to the general rules, so make sure to visit www.hud.gov for more information about the exemptions. One such exemption is senior communities that can lawfully refuse to sell or rent housing to families with minor children, according to HUD. In general, the law prohibits someone from refusing to rent or sell housing based on any of the above seven characteristics.
The following activities are also illegal based on a person’s protected class, according to HUD
§ Making housing unavailable
§ Setting different terms, conditions or privileges for the sale or rental of a dwelling
§ Providing different housing services or facilities
§ Falsely denying that housing is available for inspection, sale or rental
§ Persuading homeowners to sell their houses at bargain prices by suggesting that people of a particular protected class have moved or will move into the area
§ Denying anyone access to a facility or service related to the sale or rental of housing
If you are shopping for a home, you have the right to expect that housing will be made available to you without discrimination. The National Association of Realtors provides a list of items buyers should expect when purchasing a home:
§ 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.
On the flip side, if you are selling your home or acting as a landlord, you also have obligations to not discriminate in the sale or rental of property. For example, HUD says someone selling a home cannot “make, print or publish any statement, in connection with the sale or rental of a dwelling, that indicates a preference, limitation or discrimination based on race, color, religion, gender, disability, familial status or national origin.” Because you may be unfamiliar with the law’s expectations, it is a good idea to work with a Realtor who is knowledgeable about fair housing compliance. Realtors are firm advocates for fair housing and have continually worked over the years to try to eliminate housing discrimination. If you have any questions about fair housing, ask your Realtor. If you dont have a Realtor contact me thru my website Tooele Homes For Sale.
In fact, every Realtor pledges to abide by a code of ethics that specifically prohibits discrimination in all aspects of the real estate business. For more information about fair housing laws or to submit a housing discrimination complaint, visit the U.S. Department of Housing and Urban Development’s Web site, www.hud.com.