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Fair housing is
national policy and the law of the land. The Civil Rights Act
provided that "all citizens of the United States shall have the
same right ... to inherit, purchase, lease, sell, hold and
convey real property."
In 1968 the U.S. Supreme Court affirmed this law, finding that
"all racial discrimination, private as well as public, in the
sale or rental of property" is illegal.
Also in 1968 Congress passed the Federal Fair Housing Law. Known
as Title VIII, this law prohibits the following acts, when based
on race, color, religion, sex, national origin, familial status
or handicap.
Discrimination in selling, leasing, renting, brokering,
negotiating for, advertising, or financing property.
Steering home seekers on the basis of race, the effect of which
is to limit choice.
Limiting or changing the terms, conditions, privileges, use of
facilities or provisions of services associated with real
estate.
Applying more stringent qualifying terms.
Misrepresenting the availability of a unit or home.
Real estate agents discussing an area's racial composition, when
it has the effect of discouraging home seeker's choice.
Panic peddling (blockbusting) - attempting, for profit, to
generate listings by referring to actual or prospective racial
change in an area.
Harassing buyers, renters, landlords, real estate agents or
sellers exercising their fair housing rights or
responsibilities.
All parties to
a real estate transaction, including agents, brokers, manager
and owners are potentially liable where discrimination is found.
Consequences
for violating fair housing law are serious. Courts can block the
sale or rental of a unit if an allegation of discrimination is
made. A finding of discrimination can result in substantial
monetary damages against the offender, to deter future
violations and compensate the victim. Additionally, courts can
award attorney's fees which are often expensive. Awards and
settlements of tens of thousands of dollars are not uncommon and
awards of hundreds of thousands of dollars are not unheard of.
Real estate
agents or brokers who discriminate also run the risk of losing
their real estate license.
NOTE: ONE DOES
NOT HAVE TO INTEND TO DISCRIMINATE TO VIOLATE THE LAW! IF ONE'S
ACTIONS HAVE THE EFFECT OF UNEQUAL TREATMENT, A FAIR HOUSING
VIOLATION HAS OCCURRED.
Standardize procedures for qualifying customers, determining
housing needs and showing, renting and/or selling houses and
apartments.
Maintain accurate records, utilizing an equal service report
form.
Make available a wide range of properties to maximize choice and
to avoid even unintentional steering.
Train all staff in fair housing law and practices.
Advertise consistent with federal rules and regulations.
Use an equal housing opportunity logo or statement on all
promotional materials.
Avoid discussing racial composition issues that might discourage
a home seeker's consideration of an area.
When questions arise and there is uncertainty in handling the
situation or question, contact HOND for further assistance.
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History