New York Fair Housing
The sale and purchase of a home are among the most significant events that an individual will experience in their lifetime. It is more than the simple purchase of housing, for it directly impacts the hopes, dreams, aspirations, and economic destiny of those involved. For this reason, the Fair Housing Act and other federal and state laws were enacted to guarantee a right to a national housing market free from discrimination based on race, color, religion, sex, handicap, familial status, and national origin.
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 concerning any aspect of a credit application based on 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 home seller, the home seeker, and the real estate professional have rights and responsibilities under the law.
For the Home Seller
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 based on race, color, religion, sex, handicap, familial status, or national origin. 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. You cannot instruct the licensed broker or salesperson acting as your agent to convey any limitations in the sale or rental because the real estate professional is also bound by law not to discriminate.
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 is 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; and
- 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 from discriminating based on 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.
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? Identify a licensed real estate professional 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 following a strict Code of Ethics.
The Code of Ethics
Article 10 of the NATIONAL ASSOCIATION OF REALTORS? Code of Ethics provides that REALTORS? REALTORS? Shall not deny equal professional services to any person for race, color, religion, sex, handicap, familial status, or national origin. Shall not be a party to any plan or agreement to discriminate against a person or persons based on race, color, religion, sex, handicap, familial status, or national origin.
A REALTOR? pledges to conduct business 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 Local Board of REALTORS?
Local Boards of REALTORS? will accept complaints alleging violations of the Code of Ethics filed by a home seeker who alleges discriminatory treatment in housing availability, purchase, or rental. 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.
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 calling HUD toll-free numbers, 1-800-669-9777 (voice) or 1-800-543-8294 (TDD).