 |
|
|
Fair Housing
|
|
Fair Housing Regulations Affect All Home Buyers & Sellers
Federal statutes govern the buying and selling of property within the state of California. The purpose of these laws is to guarantee equality and allow participants on either end of the real estate transaction a fair chance. As a result, protected classes were formed, which identify groups of people traditionally discriminated against.
Protected Classes
The Fair Housing Laws prohibit discrimination based on the following protected classes:
- Color
- Race
- Sex
- Religion
- Disability
- National origin
- Familial status
Civil Rights Act of 1866 - The federal government established the beginnings of equal housing opportunities with the passage of the Civil Rights Act of 1866, which prohibited all racial discrimination in the sale, rental, or inheritance of property throughout every state and territory in the Union, stating "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."
The Fair Housing Act – This Act makes fair housing a national policy throughout the U.S. and its territories. It prohibits discrimination in the sale, lease, purchase, inheritance, or rental of housing, or making housing otherwise unavailable because of race, color, religion, sex, disability, familial status, or national origin. The Fair Housing Amendments Act of 1988, the Housing and Community Development Act of 1974, and Title VIII of the Civil Rights Act of 1968 constitute the Fair Housing Act.
- The Civil Rights Act of 1968 - Title VIII of the Civil Rights Act of 1968 prohibits discrimination not only to race but also includes color, national origin, and religion.
- The Housing and Community Development Act of 1974 - In 1974 sex was added to existing protected classes in which discrimination was prohibited.
- The Fair Housing Amendments Act of 1988 – This amendment includes handicap (mental or physical) and familial status (children) to the list of protected classes.
Equal Credit Opportunity Act (ECOA)
In 1974 the Federal Equal Credit Opportunity Act was passed, adding prohibitions against discrimination based on marital status and age (provided contractual age is reached), or because all or part of an applicant's income comes from any public assistance program. ECOA states that applications for credit are evaluated only on job stability, income, net worth, and credit rating.
Americans with Disabilities Act (ADA)
In 1990 the Federal Americans with Disabilities Act was passed, making it unlawful to discriminate against persons with disabilities (defined as mental or physical impairment including the HIV virus, limiting one or more of a person’s major life activities – but not including controlled substance addiction) in employment, commercial facilities, and places of public accommodation.
Be a Knowledgeable Consumer
As a prospective homebuyer or renter you have specific rights under the law.
Home sellers, real estate agents, mortgage brokers, and loan officers are all strictly bound under the law to respect your rights. It is unlawful to refuse or fail to show a home for sale (or rent) listing or apartment because of your protected status. Nor may different terms or restrictions (e.g., security deposit amounts) be placed upon you as a member of a protected class. Penalties will be imposed upon conviction of these offenses.
Laws Binding Real Estate Sellers and their Agents
As a home seller or owner, you are not permitted to discriminate in selecting or qualifying applicants or in providing services based upon an applicant’s protected class. You are obligated under the law to give every resident an equal opportunity to live where he or she desires regardless of race, color, religion, sex, disability, familial status or national origin. Also, you may not circumvent the law by acting through your licensed broker or salesperson, who is also bound by anti-discrimination laws, because even an unintentional breach of this law may result in a discrimination lawsuit leading to monetary damages awarded to the prospective client.
Real Estate agents, mortgage brokers, and loan officers in a real estate transaction are specifically not allowed to refuse to sell, rent, or refuse to negotiate with anyone based on his or her membership in a protected class. They may not differentiate in terms, loans, or services based on discrimination based on race, color, religion, sex, disability, familial status or national origin.
California’s Addition to Protected Classes
In addition, the California legislature has enacted the Fair Employment and Housing Act (FEHA), adding sexual orientation and ancestry to the protected classes listed above. The argument that the professional was following instructions from the home or apartment owner or renter is not accepted as a mitigation of the offense, and both the owner and the professional are equally culpable under the law.
Your Legal Remedies
If you believe that you are a victim of illegal discrimination, you may file a complaint within one year of the alleged offense, either online or by U.S. mail to the following HUD office:
U.S. Dept. of Housing and Urban Development (HUD)
Washington, DC 20410
Telephone: (202) 708-1112 (Voice)
(202) 708-1455 (Hearing Impaired)
Website: http://www.hud.gov (Online submission forms available)
Please contact us with any questions about your rights as a buyer or seller.
|
|
|
|
|
|
|
