The sale and purchase of a home is one of the most significant events that any person will experience in their lifetime. It is more than the simple purchase of housing, for it includes the hopes, dreams, aspirations, and economic destiny of those involved.
The Civil Rights Act of 1866 prohibits all racial discrimination in the sale or rental of property.
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.
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, nation 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 often provide broader coverage and prohibit discrimination based on additional classes not covered by federal laws.
The home seller, the home seeker, and the real estate professional all have rights and responsibilities under the law.
You should know that 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 may not 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 the 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 the property is available only to persons of a certain race, color, religion, sex, handicap, familial status, or national origin.
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:
As a home seller or home seeker, you should know that 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 can identify themselves as REALTORS. They conduct their business and activities in accordance with a strict Code of Ethics. As agents in a real estate transaction, licensed brokers or salespersons 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.
During the history of our country, some persons have placed restrictions on property based on race, color, religion, sex, handicap, familial status, or national origin. Generally, these restrictions are void and unenforceable, with limited exceptions for particular types of religious housing and housing for older persons. The publication of these void restrictions may convey a message that the restrictions continue to be valid. Any time a sales associate or broker is asked to provide a copy of the covenants or restrictions of record relating to the use of a property the following message should be included:
These documents may contain restrictions or covenants based on race, color, religion, sex, handicap, familial status, or national origin. Such restrictions or covenants generally are void and unenforceable as violations of fair housing laws.
Be assured that all property is marketed and made available without discrimination based on race, color, religion, sex, handicap, familial status, or national origin. Should you have any questions regarding such restrictions, please contact your attorney.
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.
Complaints alleging discrimination in housing may be filed with the nearest office of the Department of Housing and Urban Development (HUD), or by calling HUD's Discrimination Hotline at 800-669-9777, 800-927-9275 (TYY). For information and publications on fair housing, call HUD's Distribution Center at 800-767-7468. Contact HUD on the Internet at http://www.hud.gov
RACE: A person's membership in a group possessing characteristics and traits transmitted by descent, e.g. White, African American, Hispanic, etc.
COLOR: A person's skin color.
RELIGION: A person's religious or spiritual beliefs and practices, or his or her denominational affiliations.
SEX: Gender, whether a person is male or female.
HANDICAP/DISABILITY: Whether a person has a physical or mental disability that substantially limits one or more major life activities, has a record of such a disability, or is regarded as having such a disability. Examples include: hearing, mobility and visual impairments, chronic alcoholism, chronic mental illness, AIDS, HIV positive, mental retardation, muscular dystrophy, multiple sclerosis, cerebral palsy, and epilepsy. It does not include a person who currently uses illegal drugs/controlled substances. Under Wisconsin law, a person who currently uses illegal drugs/controlled substances is included if the person is participating in a supervised drug rehabilitation program.
FAMILIAL/FAMILY STATUS: Whether persons are members of families in which one or more children under 18 years old live with a parent, a person who has legal custody, or the designee of the parent or legal custodian (with written permission). It also includes pregnant women and persons seeking legal custody of a minor under both federal and state law. Wisconsin law is broader and also includes person seeking physical placement or visitation rights of a minor child; and persons whose household includes one or more adults or minors in their legal custody, or pursuant to physical placement, visitation rights, or court-ordered care under a guardianship.
NATIONAL ORIGIN/ANCESTRY: The country where a person or his or her ancestors originated or came from. Ancestry means a person's racial and ethnic background. In other words, ancestry takes you back further in the family tree than does national origin.
Wisconsin further extends the protected classes to include:
MARITAL STATUS: Whether a person is single, married, divorced, separated or widowed.
SEXUAL ORIENTATION: Whether a person has a preference for heterosexuality, homosexuality, or bi-sexuality; has a history of such preference; or is identified with such a preference.
LAWFUL SOURCE OF INCOME: The source of a person's income, provided that it is legal. This may include lawful compensation or remuneration in exchange for goods or services provided; profit from financial investments; and any negotiable draft, coupon, or voucher representing monetary value such as food stamps, Social Security, public assistance, unemployment compensation, or worker's compensation payments. Section 8 payments are not considered income under State law.
AGE: The age of persons at least 18 year old. Children under 18 years of age are protected on the basis of family status.
