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.
THE LAW
Civil Rights Act of 1866
The Civil Rights Act of 1866 prohibits all racial
descrimination in the sale or rental of property.
Fair Housing Act
The 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,
or making housing otherwise unavailable, because of race,
color, religion, sex, handicap, familial status, or national
origin.
Americans with Disabilities Act
Title III of the Americans with Disabilities Act prohibits
discrimination against persons with disabilites in places
of public accomodations and commercial facilities.
Equal Credit Opportunity Act
The 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 derives from any public assistance program.
State and Local Laws
State of Iowa and local laws provide broader
coverage and prohibit discrimination based on additional
classes not
covered by federal law.
Back to top THE RESPONSIBILITES
The home seller, the home seeker, and the real estate professional
all have rights and responsibilites 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 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 denay 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.
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 your 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, in 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 harassment or intimidation for exercising
your fair housing rights
For the Real Estate Professional
As a home seller or home seeker, you should know that the
term REALTOR® identifies a licensed professional in real
estate who is a member of the NATIONAL ASSOCIATION OF REALTORS®.
Not all licensed real estate brokers and salespersons are
members of the National Association, and only those who
are can identify themselves as REALTORS®. They conduct
their business and activities in accordance with a strict
Code of Ethics. 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
fulfulled by the real estate professional.
Back to top DEED AND PROPERTY COVENANTS OR RESTRICTIONS OF RECORD
During the history of our country, some persons have
placed restrictions on property based on race, color, religion,
sex, handicap, familial status, or national origin. Generally,
these restrictions are void and unenforceable, with limited exceptions
for particular types of religious housingand housing for older
persons.
THE EQUAL OPPORTUNITY PROGRAM
The NATIONAL ASSOCIATION OF REALTORS® has developed
a Fair Housing Program to provide resources and guidance to REALTORS®
in ensuring equal professional services for all people.
The Code of Ethics
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 of race,
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."
A REALTOR® pledges to conduct business in keeping with
the spirit and letter of the Code of Ethics. Article 10 imposes
obligations upon REALTORS® and is also a firm statement
of support for equal opportunity in housing.
FURTHER ASSISTANCE
Local boards of REALTORS® will accept complaints alleging
violations of the Code of Ethics files by a home seeker who
alleges
discriminatory treatment by a REALTOR® in the availability,
purchase, or rental of housing. Local Boards of REALTORS®
have a responsibility to enforce the Code of Ethics through
professional standards procedures and corrective action in
cases where a violation of the Code of Ethics is proven to
have occurred.
Complaints alleging discrimination in housing may be filed
with the nearest office of the Department of Housing and Urban
Development (HUD), or by calling HUD's Discrimination Hotline
at 1-800-669-9777, 1-800-927-9275 (TYY). Or, visit the HUD
website at www.hud.gov.
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