Real Estate NewsFair Housing Issues For FSBOS
Fair housing laws, intended to provide a level playing
field for homeseekers, apply to real estate agents. But
individual homeowners, who may or may not be using agents, are
also bound by federal and state regulations. So are
landlords. And the penalties for breaking those laws can land
you in real trouble.
If you"re using an agent, he or she can fill you in on
your responsibilities and liability under the law. But
particularly if you"re an owner acting on your own, it"s wise
to learn all you can about the human rights aspect of selling
and leasing real estate.
Or if you"re looking for a place to live, it"s reassuring
to know your legal rights.
Under the laws, it is unfair to discriminate in a real
estate transaction, or deny equal treatment, on the basis on
the other party"s membership in a "protected class". That
includes the groups you would expect, and some that may
surprise you. Federal protected classes are:
race
color
religion
national origin
gender
handicap, and
presence of children in a family.
Protection of the handicapped extends to those with
hearing, mobility and visual impairments; chronic alcoholism;
AIDs; and mental retardation (but not anyone currently using
illegal drugs or anyone posing a threat to the health or
safety of others.)
Landlords must allow a handicapped tenant to make
"reasonable accommodations" at the tenant"s own expense to
make a dwelling more accessible. If necessary, the tenant
must restore the premises to original condition when leaving.
Overt discrimination (refusing to sell, rent or negotiate
with anyone in a protected class) is not the only way to get
into trouble. Changing terms, conditions or services ("extra
rent fee for those with children") is also forbidden. So is
any advertising along the lines of "singles only".
Individual states or cities sometimes add further
protected classes, and it"s wise to find out what applies in
your area. Among additional protected classes might be legal
source of income ("we don"t take welfare tenants" would be
illegal there) and sexual orientation.
There are sometimes exceptions, state and federal, the
most common one being the right to discriminate in choosing
one"s own lodger ("woman preferred") or the tenant for another
apartment in one"s own house. It"s best to double-check,
though. Federal law allows no exception when the
discrimination is based on race, color or ethnic background.
HUD, and local groups, fund extensive programs of
"testing". Pairs of trained "checkers" present themselves as
prospective buyers or tenants, and take careful note of
whether -- for example -- the black couple is treated with the
same courtesy, and presented with the same choice of housing,
as the white couple with similar financial qualifications.
Observance of fair housing rules, of course, does more
than simply keep you out of trouble. It offers you an
opportunity to help remedy some of the major problems caused
by the inequities that still plague this country.
Also See:
Fair Housing: What Does it Really Mean?