GMAR Ethics Thursday
Welcome to Issue #17 of the GMAR's Ethics Thursday.
 
The GMAR created this newsletter, dedicated to a specific issue, because the REALTOR® Code of Ethics is the foundation on which our industry is built, and the basis of what it means to be a REALTOR®.
 
Your proactive support of the Code of Ethics will assure your fellow REALTORS® and the public that every member of the GMAR operates with the highest ethical standards.
What If the Seller Wants to Select the "Right Buyer" for Their Neighborhood?
It is illegal for a seller to refuse to sell their home to someone who is one of the protected classes. If a seller insists on limiting or restricting the viewing of their property to members of a protected class, the broker should refer them to line 63 of the listing contract and to legal counsel to review fair housing laws. The broker may also elect to not enter into the listing if the broker believes the seller may attempt to engage in unlawful discrimination. If the broker knows that the seller wants to act in a discriminatory manner, and goes along with the sellers’ directives, the broker may be violating fair housing laws. Brokers who remain silent on discriminatory practices may also be found in violation of fair housing laws.

Article 10 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. (Amended 1/14) 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. 
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.

Responsibilities

The home seller, the home seeker, and the real estate professional all 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 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.

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.

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 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.

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.