Fair Housing Applies to Everyone

This year marks the 53rd anniversary of the passage of the U.S. Fair Housing Law – Title VIII of the Civil Rights Act of 1968, which prohibits discrimination based on race, color, sex, religion, national origin, handicap, or familial status and encourages fair housing opportunities for all citizens.

The National Association of REALTORS® (NAR) annually proclaims April to be “Fair Housing Month.” Last week, we took more of a 30,000-foot view of the law.

Now, let’s go from the macro to the micro.

This official proclamation serves to remind consumers that REALTORS® are committed to continually educating the public about the right to equal housing opportunities. The home seller, the home seeker, and the real estate professional all have rights and responsibilities under the Fair Housing Law.

Here’s how that plays out in everyday life.

The Home Seller - 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. The NAR Code of Ethics, and thus the Memphis Area Association of REALTORS®, also provides protection to LGBTQ persons.

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.

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. Again, the NAR/MAAR Code of Ethics extends protection to LGBTQ persons. 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. 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. Freedom from harassment or intimidation for exercising your fair housing rights.

The Real Estate Professional - Agents in a real estate transaction are prohibited by law from discriminating on the basis of race, color, religion, sex, handicap, familial status, or national origin. Agents also must recognize the protection afforded LGBTQ persons under the NAR/ MAAR Code of Ethics.

A request from the home seller or landlord to act in a discriminatory manner in the sale, lease, or rental of property cannot legally be fulfilled by the real estate professional. Article 10 of the NAR Code of Ethics to which REALTORS® pledge imposes obligations addressing equal opportunity in housing. In addition, NAR has developed a Fair Housing Program to provide resources and guidance to REALTORS® to ensure equal professional services for all people.

The American dream of home ownership is for one and all.