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Uncle Sam looks out for his
own. That wasn't always true when it came to real estate.
But now legislation, much of which has been enacted just in
the past decade, is on the side of the home hunter. Let's
look at a rundown of the laws that protect consumers looking
for a place to live. (Sorry for the legalese, but we want
to get these right.)
The Fair Housing Act
is a federal law administered by the Department of Housing
and Urban Development (HUD). It says that a person cannot
be discriminated against based on race, color, religion, sex,
handicap, familial status, or national origin. The Act also
prohibits discrimination against individuals because they
hang out with people in the protected classes.
According to the law it is unlawful to:
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Refuse
to sell, rent, or negotiate with any person or otherwise
make a dwelling unavailable. |
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Differentiate
in terms, conditions, or services for the purpose
of discriminating. |
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Practice discrimination
through any statement or advertisement that indicates
any preference, limitations, or discrimination. |
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Represent that
a property is not available when in fact it is available
for sale or rent. |
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Make a profit
by inducing owners to sell or rent because of the
prospective entry into the neighborhood of persons
in a protected class. |
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Alter the terms
or conditions for a loan for the purchase, construction,
improvement, or repair of a dwelling as a means of
discriminating. |
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Deny
membership or limit the participation in any real
estate organization as a means of discriminating. |
"Familial status" means that someone can't be discriminated
against for having children. It is no longer legal to advertise
that a community is "adults only." There is, however,
an exemption to the familial status protection: Housing set
aside for the elderly can restrict children from living there.
"Handicap" is defined as "a physical or mental
impairment or having a history of such impairment that substantially
limits one or more of a person's major life activities."
It does not include the addiction to a controlled substance.
But it does include protection for you if you're in a recovery
program for a substance addiction. People with AIDS are protected
from discrimination under the "handicap" classification
of this law.
There are a few exemptions from this law:
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The
sale or rental of a single family home is exempted
when the home is owned by an individual who does not
own more than three such homes at one time, a broker
or salesperson is not used, and discriminatory advertising
is not used. |
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The rental
of rooms or units is exempted in an owner-occupied,
one-to-four family dwelling. |
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Units owned
by religious organizations may be restricted to people
of the same religion if membership in the organization
is not restricted on the basis of race, color, national
origin, handicap, or familial status. |
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A private club
that is not open to the public may restrict the rental
of its facilities to members as long as the lodgings
are not operated commercially. The private club may
not discriminate in its requirements for membership. |
The sale or rental of a single family home is exempted when
the home is owned by an individual who does not own more than
three such homes at one time, a broker or salesperson is not
used, and discriminatory advertising is not used.
The rental of rooms or units is exempted in an owner-occupied,
one-to-four family dwelling.
Units owned by religious organizations may be restricted to
people of the same religion if membership in the organization
is not restricted on the basis of race, color, national origin,
handicap, or familial status.
A private club that is not open to the public may restrict
the rental of its facilities to members as long as the lodgings
are not operated commercially. The private club may not discriminate
in its requirements for membership.
There are ramifications of the Civil Rights Act of 1968 that
are especially important to home buyers or renters. They are:
Blockbusting
is the attempt to induce someone to sell their home because
someone from a protected class is rumored to be moving into
the neighborhood. The classic example of this would be a real
estate agent passing out her card to neighbors while telling
them that a minority family is moving in down the block and
they should sell now before the neighborhood gets any worse.
This is illegal.
Steering
is the effort to maneuver home buyers into or away from a
particular area of town because they won't "fit in."
Telling a white couple, "You don't want to live in Mount
Pleasant because that's where all the Latinos are" is
an example. Another example would be not telling a black family
that a house that would otherwise be perfect for them is available
in an all-white neighborhood. Both of these are illegal.
Discrimination in advertising
is forbidden. Any printed or published material that uses
words, no matter how subtle, that are of a discriminatory
nature aren't allowed by HUD. Some of the examples that HUD
gives are "adult building, Jewish home, restricted, private,
integrated, or traditional."
Redlining
is the practice of refusing to make mortgages or issue insurance
policies in specific areas for reasons other than the economic
qualifications of the applicant. HUD has declared this illegal.
If you feel that you have been discriminated against in any
of the ways listed above, you should contact the Office of
Fair Housing and Equal Opportunity (OFHEO), which is under
the direction of HUD. If you feel you have been physically
threatened in any way while looking for your new home because
you are a member of a protected class, contact the FBI. These
are federal crimes and not to be taken lightly.
For even more information about your rights as a homeowner
or a prospective homeowner read about your Air Rights, Water
Rights, Etc. |
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