Acts of Discrimination Under the Fair Housing Act It provides protection against discriminatory housing practices based on race, sex, religion, color, handicap, familial status, or national origin: Denying or refusing to rent housing Denying or refusing to sell housing Treating applicants differently for housing Treating residents differently in connection with terms and conditions The Federal Fair Housing Act in Brief
MissionEducation Industry Home Buyers General Public Enforcement Complaints Special Projects Survey Testing ENSURE EQUAL ACCESS TO HOUSING OPPORTUNITY
Realtor Code of Ethics Article 10 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 parties 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. (Amended 1/90) 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. (Amended 1/00)
Actual damages Civil penalties Punitive damages Injunctive relief Licensee discipline Penalties for Violation of the Fair Housing Law
LIABILITY Intent to discriminate is not required Fair Housing trumps First Amendment Ignorance is no defense
The Fair Housing Act Directly Affects 3 Categories Renters or Sellers of Property Agents in Rental/Sales Transactions Media Advertising Rental or Sale of Property
CASE LAW & ANECDOTES Sexual Harassment Case Copyright 2015 All Rights Reserved
CASE LAW & ANECDOTES The Guinea Pig CASE VIDEO Copyright 2015 All Rights Reserved
Discrimination in housing on the basis of religion is prohibited under local, state and federal law.
Realtor Code of Ethics Standard of Practice 10-1 When involved in the sale or lease of a residence, REALTORS® shall not volunteer information regarding the racial, religious or ethnic composition of any neighborhood nor shall they engage in any activity which may result in panic selling, however, REALTORS® may provide other demographic information. (Adopted 1/94, Amended 1/06)
AGE (CONT.) As long as a person can legally enter into a contract, age can not be used as a basis for discrimination in housing. Over 18 years of age or emancipated
SEXUAL ORIENTATION/PREFERENCE (CONT.) This also includes the perception of being homosexual, bisexual, or heterosexual.
All real estate advertising in this newspaper is subject to the Fair Housing Act which makes it illegal to advertise “any preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin, or an intention, to make any such preference, limitation or discrimination.” Familial status includes children under the age of 18 living with parents or legal custodians, pregnant women and people securing custody of children under 18. Publisher’s Notice - Example