Fair Housing

Replay the Bill Dedman Lessons Learned from Long Island Divided 2 hour webinar

Open / Print the Field Guide to Fair Housing

Take the Fairhaven Challenge and send staff your photo so we can create and post your image!

  • Fairhaven Simulation (NAR)
    A new fair housing simulation training for REALTORS® that uses the power of storytelling to help members identify, prevent, and address discriminatory practices in real estate.
  • At Home with Diversity (NAR)
    An educational experience designed to teach REALTORS® how to work effectively with—and within—a rapidly changing multicultural market.
  • Implicit Association Test (IAT)
    The Implicit Association Test (IAT) measures attitudes and beliefs that people may be unwilling or unable to report. The IAT may be especially interesting if it shows that you have an implicit attitude that you did not know about.

Home Seller Responsibilities

As a home seller or landlord you have a responsibility and a requirement under the law not to discriminate in the sale, rental and financing of property on the basis of race, color, religion, sex, handicap, familial status, or national origin. You cannot instruct the licensed broker or salesperson acting as your agent to convey for you any limitations in the sale or rental because the real estate professional is also bound by law not to discriminate. Under the law, a home seller or landlord cannot establish discriminatory terms or conditions in the purchase or rental; deny that housing is available, or advertise that the property is available only to persons of a certain race, color, religion, sex, handicap, familial status, or national origin.

For the Home Seeker
You have the right to expect that housing will be available to you without discrimination or other limitations based on race, color, religion, sex, handicap, familial status, or national origin. This includes the right to expect:

  • Housing in your price range made available to you without discrimination
  • Equal professional service
  • The opportunity to consider a broad range of housing choices
  • No discriminatory limitations on communities or locations of housing
  • No discrimination in the financing, appraising, or insuring of housing
  • Reasonable accommodations in rules, practices and procedures for persons with disabilities
  • Non-discriminatory terms and conditions for the sale, rental, financing, or insuring of a dwelling
  • To be free from harassment or intimidation for exercising your fair housing rights

For the Real Estate Professional
Agents in a real estate transaction are prohibited by law from discriminating on the basis of race, color, religion, sex, handicap, familial status, or national origin. A request from the home seller or landlord to act in a discriminatory manner in the sale, lease or rental cannot legally be fulfilled by the real estate professional.

Fair Housing Field Guide: Taking questions we received from many of our members about issues experienced in the field by members who were striving to DO THE RIGHT THING, we created a Fair Housing Field Guide for offices and agents to use to discuss, debate and better understand the nuances of bias. It also has office meeting discussions that can help your navigate common buyer and seller questions without ever violating fair housing laws or equal access for all!  A hard copy has just been mailed to all DR’s in the board, and this PDF is made available to all agents.

Resources:

Resources from NAR:

Learn and Recognize Our Own Bias and Assumptions

  • Fairhaven Simulation (NAR)
    A new fair housing simulation training for REALTORS® that uses the power of storytelling to help members identify, prevent, and address discriminatory practices in real estate.
  • At Home with Diversity (NAR)
    An educational experience designed to teach REALTORS® how to work effectively with—and within—a rapidly changing multicultural market.
  • Implicit Association Test (IAT)
    The Implicit Association Test (IAT) measures attitudes and beliefs that people may be unwilling or unable to report. The IAT may be especially interesting if it shows that you have an implicit attitude that you did not know about.
  • Become a Alliance Certified Ally
    Take a certification program offered by the LGBTQ+ Real Estate Alliance and join the real estate network of professionals who stand against discrimination of all kinds.


The Disturbing History of the Suburbs:
A 6 minute video of a rigged monopoly game showing how housing policy created poverty and lack of family wealth for people of color.

Local connections

  • Berkshire NAACP – consider joining and engaging the active group in advancing rights of all people of color and promoting equality for all.
  • WMAC Interview: How Pittsfield MA segregation led to our current neighborhoods and disparate homeownership rates among our black population.
  • Berkshire Stonewall Community Coalition: The Berkshire Stonewall Community Coalition supports the well-being of LGBTQ+ people of the Berkshires.
  • Others we are missing?  Contact Sandy Carroll for Inclusion

Book Recommendations:

Learning Opportunities

There are many opportunities to expand your knowledge and understanding of Fair Housing Law and its evolution. Fair housing is not only a part of the REALTOR® Code of Ethics, but it is federal law, and those working in the real estate industry have a responsibility to fully understand it.

Fairhaven. Take the Challenge, Get A Photo! Leading with Diversity Implicit Bias Training 400x300 AHWD 400x300 (2)
 What Everyone Should Know About Equal Opportunity Housing

The sale and purchase of a home is one of the most significant events that any person will experience in his or her lifetime. It is more that the simple purchase of housing, for it includes the hopes, dreams, aspirations, and economic destiny of those involved.


The Law

  • Civil Rights Act of 1866: The Civil Rights Act of 1866 prohibits all racial discrimination in the sale or rental of property.
  • Fair Housing Act: The Fair Housing Act declares a national policy of fair housing throughout the United States. The law makes illegal any discrimination in the sale, lease or rental of housing, or making housing otherwise unavailable, because of race, color, religion, sex, handicap, familial status, or national origin.
  • Americans with Disabilities Act: Title III of the Americans with Disabilities Act prohibits discrimination against persons with disabilities in places of public accommodations and commercial facilities.
  • Equal Credit Opportunity Act: The Equal Credit Opportunity Act makes discrimination unlawful with respect to any aspect of a credit application on the basis of race, color, religion, national origin, sex, marital status, age or because all or part of the applicant’s income derives from any public assistance program.
  • State and Local Laws: State and local laws often provide broader coverage and prohibit discrimination based on additional classes not covered by federal law.
The REALTOR® Fair Housing Program

The National Association of REALTORS® has developed a Fair Housing Program to provide resources and guidance to REALTORS® in ensuring equal professional services for all people. The term REALTOR® identifies a licensed professional in real estate who is a member of the National Association of REALTORS®. Not all licensed real estate brokers and salespersons are members of the National Association, and only those who are may identify themselves as REALTORS®. They conduct their business and activities in accordance with a strict Code of Ethics.

The Code of Ethics

Article 10 of the National Association of REALTORS® Code of Ethics provides that, “REALTORS® shall not deny equal professional services to any person for reasons of race, color, religion, sex, handicap, familial status, national origin, sexual orientation, or gender identity. 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, national origin, sexual orientation, or gender identity. 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, national origin, sexual orientation, or gender identity.”

In November of 2020, a new Standard of Practice was approved by the NAR Board of Directors. Standard of Practice 10-5 states that, “REALTORS® must not use harassing speech, hate speech, epithets, or slurs based on race, color, religion, sex, handicap, familial status, national origin, sexual orientation, or gender identity.”

A REALTOR® pledges to conduct themselves in keeping with the spirit and letter of the Code of Ethics. Article 10 imposes obligations upon REALTORS® and is also a firm statement of support for equal opportunity in housing.

If You Suspect Discrimination, call the U.S. Department of Housing and Urban Development. Complaints alleging discrimination in housing may be filed with the nearest office of the United States Department of Housing and Urban Development (HUD) or by contacting them at http://www.hud.gov

Contact the Local Association of REALTORS®. Local Associations of REALTORS® will accept complaints alleging violations of the Code of Ethics filed by a home seeker who alleges discriminatory treatment in the availability, purchase or rental of housing. Local Boards of REALTORS® have a responsibility to enforce the Code of Ethics through professional standards procedures and corrective action in cases where a violation of the Code of Ethics is proven to have occurred.

Unsure or have questions? Contact us!

 Fair Housing Act_bug