Fair Housing: Are your practices in compliance?
What exactly is fair housing law? Federal fair housing law consists of the Civil Rights Act of 1866 and Title VIII of the Civil Rights Act of 1968, otherwise known as the Fair Housing Act. The act, as amended in 1988, provides that no one can be discriminated against in the sale, rental, or financing of residential dwellings on the basis of these protected classes: Race, color, religion, sex, handicap, familial status & national origin (individual states may have additional protected classes).
In addition, the Civil Rights Act of 1866 provides that all U.S. citizens have the same rights as white citizens to "inherit, purchase, sell, hold, and convey real and personal property." The U.S. Supreme Court has interpreted this act to prohibit all forms of racial discrimination with regard to real estate - even discrimination by private individuals. Penalties can include punitive as well as actual damages.
Bringing your office into Fair Housing compliance may be one of the most important things you do. Below is a Fair Housing Compliance Checklist...check your office, then make any necessary changes immediately.
Fair Housing Compliance Checklist
If you answer "no" to any of the questions below, evaluate the impact of those responses on your fair housing responsibilities and adjust your office practices accordingly.
- Do you have a written fair housing policy?
- Do you publicize your commitment to fair housing in your office, in your advertising, and to sellers and buyers?
- Is fair housing training required in your company?
- Have you developed procedures to provide equal professional service?
- Do you review your offices' compliance with your procedures on a regular basis?
- Do you have a corrective action policy?
- Do you regularly review and modify your procedures to respond to changes in the law or new fair housing issues and to correct deficiencies in your office?
- Do you have a mechanism for feedback from customers and prospects?
Having a Fair Housing Policy Statement for your office is an important step in instituting good Fair Housing policies.
Your policy statement should say unequivocally that you support all applicable laws, and state specifically what the provisions of those laws are. For example:
"This company conducts business in accordance with all federal, state, and local fair housing laws. It is our policy to provide housing opportunities to all persons regardless of race, color, religion, sex, familial status, handicap, or national origin. The company's fair housing procedures are not recommendations. They must be followed by everyone associated with the company."
For more information, visit www.Realtor.org and type "Fair Housing" into the search engine at the top left of the page.
Portions of above information reprinted from Fair Housing: Shared Neighborhoods, Equal Opportunities, NATIONAL ASSOCIATION OF REALTORS® , 1998. Additional information from www.Realtor.org
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