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The housing market has come a long way in the 37 years since the U.S. Fair Housing Act became law, but Realtors still celebrate April as Fair Housing Month each year to commemorate the anniversary and to remind the public to be aware of this important legislation.
There are several federal laws that protect against discrimination in housing, as well as state and local laws that provide broader coverage and prohibit discrimination based on additional clauses not covered by federal law.
The Fair Housing Act declares a national policy of fair housing throughout the United States. The law makes it illegal to discriminate in the sale, lease or rental of housing--or make housing otherwise unavailable--because of race, color, religion, sex, handicap, familial status or national origin.
The Americans With Disabilities Act prohibits discrimination against persons with disabilities in places of public accommodations and commercial facilities.
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.
As an outspoken advocate, the National Association of Realtors, along with state and local Realtor associations, remains actively involved in promoting fair housing through a variety of programs.
"Realtors are among the most ardent of fair housing supporters. We are on the front lines, working with buyers and sellers, and therefore play a vital role in advancing fair housing laws," said National Association of Realtors President Al Mansell.
As champions for fair housing for all, the association fights discrimination and promotes equality through an award-winning program called "At Home With Diversity." The program trains real estate professionals to work effectively with diversity in today's real estate market. It was created by the National Association of Realtors in collaboration with the U.S. Department of Housing and Urban Development. Its purpose is to meet the nation's fair housing commitment by giving Realtors the tools they need to assist prospective homeowners with the choices and opportunities they face in purchasing a home.
The National Association of Realtors also embraces fair housing by recognizing the efforts of organizations and individuals to advance minority homeownership. The association has joined several minority real estate associations in sponsoring the HOPE Awards (Home Ownership Participation for Everyone), a program that acknowledges organizations and individuals who help close the minority homeownership gap that still exists.
In support of the diversity effort on the local front, Silicon Valley Association of Realtors President Willi Krauss has launched two new committees this year that provide support for Realtor members. The Housing Opportunity Committee helps educate members about programs available for first-time homebuyers, while the Cultural Diversity Committee will focus on how to work with different ethnic groups and embrace members who may not have been involved before.
For Broker Associate Chris Morris with Alain Pinel Realtors in Los Gatos, fair housing is all about how one conducts business. "It's really simple if you just remember to treat everyone the same and give the same quality of service to everyone you meet," he said.
Realtor Jim Magill of Village Square Realty believes fair housing is not an issue in Silicon Valley. "Fair housing is alive and well in Santa Clara County. Equal housing for all means something very special. Fair housing isn't just a matter of good business; it's a moral commitment. The real estate business is intimately concerned with all fair housing laws. People have a right to live in housing wherever they can afford to live," Magill said.
For owners of investment property--either residential rental property, single family homes, duplexes, fourplexes or small apartment buildings--there is a lot to learn about fair housing for someone who is a new landlord.
Realtor Norval Nelson of Alain Pinel Realtors in Los Gatos encourages owners to take a fair housing course and implement policies and procedures that ensure the full compliance with the law.
"To avoid fair housing complaints and litigation, they must invest in education and understand the basics of fair housing," Nelson said.
Some of the basic practices Nelson encourages owners to follow include:
* Always practice good ethics; treat everyone fairly and equally;
* Keep a log of all telephone calls from existing tenants and rental applications, because documentation systems are vital.
* Always ensure the same opportunities to each applicant who meets the documented rental application guidelines.
* Remember that changing policies from one class to another can be construed as discrimination;
* Lease to the first qualified candidate;
* Do not provide false, inaccurate information about the availability of a unit to any person;
* Pay attention to how each person is greeted;
* When in doubt, don't guess; ask a reliable resource, which may or may not be an attorney.
It's important for homebuyers to know their rights, too. Homebuyers or renters can expect that housing will be available 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 the price range made available to the homebuyer or renter without discrimination, equal professional service and the opportunity to consider a broad range of housing choices.
There should be 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 the right to be free from harassment or intimidation for exercising fair housing rights.
Complaints alleging discrimination in housing may be filed with the nearest office of the U.S. Department of Housing and Urban Development. For more information go to www.hud.gov.
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