National Fair Housing Month is celebrated in April to remind every American that all persons have equal access to housing and that fair housing is not an option; it is the law. This year marks the 51st anniversary of the Fair Housing Act, Title VIII of the Civil Rights Act of 1968, which protects people from discrimination based on race, color, national origin, religion, sex, disability, and family status.
The National Association of Realtors and civil rights groups are currently pressing Congress to pass the Equality Act, which adds sexual orientation and gender identity as protected characteristics under the Fair Housing Act and all other federal laws. NAR amended its Code of Ethics to prohibit discrimination based on sexual orientation in 2011 and gender identity in 2013.
Silicon Valley Association of Realtors President Alan Barbic says the local trade association representing over 5,000 Realtors and affiliates reaffirms its commitment to every American's right to fair housing. "Realtors do more than manage real estate transactions," says Barbic. "In their work with buyers and sellers, Realtors have a vital role in ensuring fair housing, so anyone one who seeks it will have the opportunity to achieve the American dream, free from discrimination."
Home sellers and prospective homebuyers all have rights and responsibilities under the Fair Housing Act. A home seller or landlord cannot 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.
Buyers or renters have the right to expect that housing will be available without discrimination. This includes the right to expect:
Under the NAR Realtor Code of Ethics, Realtors cannot deny equal professional services to any person for reasons of race, color, religion, sex, handicap, familial status, national origin, sexual orientation, or gender identity. A request from the home seller or landlord to act in a discriminatory manner in a sale, lease or rental cannot legally be fulfilled by the real estate professional.
"It is more important than ever to educate the public about their rights and responsibilities when it comes to housing," says Barbic. "People who believe they have experienced discrimination may file a complaint with the Department of Fair Employment and Housing."
If you suspect discrimination, you may file a complaint at https://www.dfeh.ca.gov/.
The Silicon Valley Association of REALTORS® (SILVAR) is a professional trade organization representing over 4,000 REALTORS® and Affiliate members engaged in the real estate business on the Peninsula and in the South Bay. SILVAR promotes the highest ethical standards of real estate practice, serves as an advocate for homeownership and homeowners, and represents the interests of property owners in Silicon Valley.
The term "REALTOR®" is a registered collective membership mark which identifies a real estate professional who is a member of the National Association of REALTORS® and who subscribes to its strict Code of Ethics.
Variations of this article have appeared in local area newspapers.
For further information, please email or call the SILVAR office at (408) 200-0100.