Fair Housing

Federal fair housing law contains the following provision for most residential transactions:
“After December 31, 1968, it shall be unlawful to deny any person access to or membership or participation in any multiple-listing service, real estate brokers' organization or other service, organization, or facility relating to the business of selling or renting dwellings, or to discriminate against him or her in the terms or conditions of such access, membership, or participation, on account of race, color, religion, sex, familial status, or national origin.”
If a real estate broker, agent or salesperson is handling the sale or rental of a residence, then compliance with the Federal fair housing law is presumed. However, if the property owner handles the sale or rental, then check with the owner to determine compliance with the law.
Displacees are protected according to:
  • Title VIII of the Civil Rights Act of 1968
     as amended (commonly known as the Federal Fair Housing Law) (refer to
    42 USC 3601, et seq; 24 CFR Parts 100 and 103
    ; and
  • the
    Housing and Urban Development (HUD) Amendment Act of 1974
    .
These laws make it illegal to:
  • refuse to sell or rent residential property due to race, color, religion, sex, handicap, familial status, or national origin (Note: The U.S. Department of Transportation adds “age, sex and handicap” to the list);
  • discriminate against any person in the terms, conditions or privileges of sale or rental of residential property or in the provision of services or facilities in connection with such a sale or rental;
  • advertise a dwelling for rent or sale in a discriminatory manner;
  • misinform a person regarding availability of residential property;
  • engage in
    blockbusting
    for profit; or
  • practice discrimination in financing of housing.