Saratoga News
Homes
Housing laws help families of all income levels
Realtors observing Fair Housing Month
By Jean Newton
In recognition of April as Fair Housing Month, the Silicon Valley Association of Realtors along with the National Association of Realtors is promoting activities, courses and initiatives about requirements, rights and responsibilities under fair housing laws to help Realtors better serve families at all income levels achieve home ownership.
As champions of home ownership, the National Association of Realtors offers comprehensive training programs on diversity, an orientation program on fair housing laws and regulations, and a grant program that works to extend the benefits of homeownership to more Americans.
"As representatives of both buyers and sellers, Realtors hold the key to promoting inclusive, diverse communities," said 2006 National Association of Realtors President Thomas M. Stevens. "Fair housing is fundamental, and this program is effective and beneficial for Realtors."
The association has developed an award-winning program called "At Home with Diversity" to train real estate professionals to work effectively with diversity in today's market. Since 1999, more than 18,000 Realtors and association executives have completed the program. The association also provides financial resources to local and state Realtor associations for programs and activities that seek to increase an understanding of diversity within the association, among its members and as leaders in building strong communities.
In observance of Fair Housing Month, the local 4,000-member Silicon Valley Association of Realtors is highlighting the Fair Housing Law, Title VIII of the Civil Rights Act of 1968, by continuing to address discrimination in the community, supporting programs that will educate the public about the right to equal housing opportunities, and advancing efforts to help assure all Americans of their right to fair housing.
Realtor members of the association are dedicated to providing equal professional service without regard to the race, color, religion, sex, handicap, familial status or national origin of any prospective client, customer or of the residents of any community as provided by the Fair Housing Act.
The Fair Housing Act was signed into law on April 11, 1968, after President Lyndon Johnson urged congressional approval just one week after the assassination of Dr. Martin Luther King.
Real estate professionals now earmark April as the month set aside to encourage a review of the laws and responsibilities of homebuyers, sellers and real estate professionals.
There are several laws that outline fair housing practices, including the Civil Rights Act of 1966, which prohibits all racial discrimination in the sale or rental of property.
The Fair Housing Act further defines and 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.
Title III of 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 or age or because all or part of the applicant's income derives from any public assistance program.
California was also among the first states to enact anti-discrimination legislation with the Unruh Civil Rights Act in 1959 that prohibits businesses from discriminating against individuals, including housing and public accommodations, because of age, ancestry, color, disability, national origin, race, religion, sex or sexual orientation, which, according to case law, includes homosexual, bisexual or heterosexual individuals.
In addition to the Unruh Civil Rights Act, California's Fair Employment and Housing Act prohibits discrimination and harassment in all aspects of housing (including sales and rentals, evictions, terms and conditions, mortgage loans and insurance, and land use and zoning) and requires housing providers to make reasonable accommodation in rules and practices to permit persons with disabilities to use and enjoy a dwelling and to allow persons with disabilities to make reasonable modifications of the premises.
According to information provided to its members by the Silicon Valley Association of Realtors, the home seller, the prospective homebuyer and the real estate professional all have rights and responsibilities under the law.
A home seller or landlord has 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. They cannot instruct the licensed broker or salesperson acting as their agent to convey 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.
Buyers or renters have the right to expect that housing will be available without discrimination or other limitations based on race, color, religion, sex, handicap, familial status or national origin. They also have the right to expect freedom from harassment or intimidation for exercising their fair housing rights.
Agents in a real estate transaction are also prohibited by law from discriminatory practices. Members of the National Association of Realtors and the Silicon Valley Association of Realtors, abide by a Code of Ethics that provides, under Article 10, that Realtors shall not deny equal professional services to any person for reasons of race, color, religion, sex, handicap, familial status or national origin and shall not be a party to any plan or agreement to discriminate against a person or persons on the basis of race, color, religion, sex, handicap, familial status or national origin.
Realtors pledge to conduct business in keeping with the spirit and letter of the Code of Ethics and set aside a time each year to focus on fair housing in support of equal opportunity in housing.
Not all real estate agents carry the designation of Realtor. To find a Realtor who adheres to a strict code of ethics through the local and national associations, visit www.silvar.org.
