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Fair housing and ActiveRain

ActiveRain Fair Housing

When making any posting on ActiveRain, you must comply with section 3604(c) of the Federal Fair Housing Act. This law generally prohibits stating, in any notice or ad for the sale or rental of a dwelling, a discriminatory preference based on any of the following protected categories:

    * Race or Color
    * National Origin
    * Religion
    * Sex
    * Familial Status (more)
    * Handicap / Disability (more)

If you ever feel concerned about the actions of one of our members regarding discrimination and Fair Housing issues please flag the post, or send a notice to our support department by clicking here. You may also file a complaint with the U.S. Department of Housing and Urban Development Assistant Secretary for Fair Housing and Equal Opportunity Washington, D.C. 20410 - (202)708-1112 (Voice).

The Federal Fair Housing Act

Contained in Title VIII of the Civil Rights Act of 1968, the Fair Housing Act makes it illegal to discriminate on the basis of race, color, religion, sex, national origin, disability, or familial status in the sale or lease of residential property or in the sale of vacant land for the construction of residential buildings. This act also protects against discrimination in advertising, financing, appraisal, and real estate services.

Americans with Disabilities Act
Title III of the federal Americans with Disabilities Act prohibits discrimination against persons with disabilities in commercial facilities and places of public accommodation.

Equal Credit Opportunity Act
The federal Equal Credit Opportunity Act makes it unlawful to discriminate against anyone on a credit application due to race, color, religion, national origin, sex, marital status, age or because all or part of an applicant's income comes from any public assistance program.

The Civil Rights Act of 1866

This law states that all citizens of the United States shall have the same right, in every state and territory as is enjoyed by white citizens thereof to inherit, purchase, lease, sell, hold, and convey real estate personal property.

The Civil Rights Act of 1964

This act was one of the first attempts made by the federal government to implement fair housing ideals. The act prohibited discrimination based on race, color, religion, or national origin in many programs in which the federal government offered financial assistance.

ActiveRain Fair Housing

In addition and or combination with any federal, state, or local laws we believe that no person shall be discriminated against in the sale or lease of residential property on the basis of Sexual Orientation.

Find more Fair Housing information at www.HUD.gov.

Posted by ActiveRain Real Estate Network on 02/17/2007 12:16 PM

Comments (60)

fair housing, activerain

60 Comments on Fair housing and ActiveRain

FEB

2007

Matt, I guess you wrote this? In either case, this is a good post and I always wonder if you all worried about this and or look for it. Some great information here. Especially for the fact that we as lenders and realtors have to follow this anyhow.

ActiveRain just made me proud. Thank you for taking this important step towards ensuring that fair housing laws are followed here on AR.

Very well said. I'm glad you included 'appraisals' in there. Also, amazing how many REALTORS® will put "a great family neighborhood" without thinking twice.

Here is a shot of page 1 on an appraisal form. Single Family (1004).

Within the "Neighborhood section":
"Race and the racial composition of the neighborhood are not appraisal factors."

Fair Housing - Racs is not a consideration on an appraisal

high five dude.

Thanks for adding the Sexual Orientation part at the end. I can't wait until that makes it in the Fair Housing protected class list! Sherry

I am impressed. This is awesome. Thank you.

Sherry - Fortunately, sexual orientation has already made it into several states' fair housing laws. Eventually it will become national.

Thank you. This a much needed step forward. Thanks also to Joe Zekas who made this a priority.

Thank you Active Rain. Thank you Joe Zekas for making a fuss... it's ok to compliment him here isn't it? Just not on his blog...

This post marks a milestone in the development of Active Rain. Firming up the foundation so the structure remains solid!

Very good. It might be helpful to list some examples of things that one shouldn't do or say. There have been several discussions about fair housing in the past and there always seems to be differing view points. I would like it to be crystal clear so someone doesn't innocently interpret the law incorrectly.

Unofrtunatly here in Minnesota we have the Minnesota human rights act which also prohibts discrimination on the basis of marital status, public assistance and sexual orientation. I guess you guys have enough to keep an eye on with different laws in different states.

Thanks for the reminder. It's a shame it needs to be said but important to do so. The laws are getting more complex, especially in certain states. Have there been problems with listings or is this just to keep these issues at the forefront of our thoughts?

Great reminder of what we all should be paying attention to - we can never hear it too often, that's for sure.

Thanks,
Ann

Jonathan, the Post is well written and to the point, the point being discrimination. I can't imagine anyone not agreeing with the statements that you make in the Post, unfortunately the problem is when someone takes to take the statements above and tries to interject their own beliefs or lack of beliefs to cry discrimination. This is what was being done on another Post, trying to take the rules and twisting them to serve a different purpose. I am glad that this Post did not fall into that trap.

FEB

2007

Thanks a lot for keeping equal opportunity on everybodies mind.

I agree with George......... whole heartedly.....

It is such a shame that some people twist things into their own agenda..... and fail to see what is REALLY happening......

I am glad Active Rain is getting stronger and more unified......quite a cry from earlier times...... An Ethics Membership Post and now Equal Housing Opportunity is being visited......I wonder what is next?

hmmmmmm....... =-D

FEB

2007

Very informative and well organized post. I am happy to see that people still actually care about fair housing laws and not just getting ad calls.

MAR

2007

Glad to see Active Rain making this a core part of the forums operating rules!

MAY

2007

Discrimination is definitely a continuing issue though I believe a diminishing one. I’m glad that we as Realtors and Activerain make Fair Housing part of our foundation. As we continue to show our support on this subject the younger generations will see its importance.

MAY

2007

Thanks for the post!

AUG

2007

Someone else mentioned state law, everyone should be aware that localities also have adopted protected classes. As I work in No Virginia, just outside of DC, we are in a highly litigous area; and in my years in this business, I've worked in 4 states and I have no idea how many counties. Before I work in a new area, I always check to see what other protected classes might be floating around out there... Some of them go beyond the obvious. For example, in some cities (i.e. Washington DC) it is illegal to discriminate against people because of their political affliation (you can't rent only to replublicans). Many areas include Source of Income as a protected class (you can't discriminate because of the receipt of welfare/TANF or other types of social support). Some places are even silly - one city said you can't discriminate against lawyers. Apparently, the story is that the builders were refusing to sell to attorneys because they were afraid of getting sued. So, guess what the attorneys did? Sued them; and lost. Then, they got someone at the local level on board with them and attorneys were adopted as a protected class. So, the builders had to sell to them! It can be a little funny... But, the bottom line is everyone should know the guidelines in their area, as well as the state and local laws that most of us learn about in our licensing courses and associations. Happy selling!

AUG

2007

I can not believe I missed this post!

Glad to see that the staff of AR have taken an active stance in our community by displaying the logo and spirit of the equal housing laws.

Kudos to you all!

It's great to know that ActiveRain upholds this very important reminder that all real estate professionals should live by.

AUG

2007

Now if only agents understood this applies to their own website and blog content.

SEP

2007

It is sad that this issue requires a reminder. Like agency and fiduciary duty, this should be second nature to all in this business.

SEP

2007

I'm pleased to have found this post, and I also agree that it is pitiful that some agents need the reminder of what the Federal Fair Housing Act is. Thank you AR.

OCT

2007

Ah thank you bob for telling me about this page. doesn't anyone wish to know how on earth a law and rules could exist that run so counter to reality.

ever drive a family around and have them ask if there are a lot of kids in the neighborhood. If you do not answer that questions you are a well trained to be a lousy Realtor. It is a truly important question and no law should stop you from answering it directly. A real professional would answer it, consequences be damned.

It is wrong to give half answer like - I do not see to many bikes and basketball hoops when I look in garages.

I think Realtors everywhere should unite and tell the govt to stop attempting to inculcate stupid values.

By the way I have more old people say keep me away from the kids than vice versa, yet they are supposedly the protected class.

You want kids move near the schools.

NOV

2007

I never knew it applied to questions as basic as 'are there kids in the neighborhood?'.

NOV

2007

Most people will avoid race comments, but remember that all classes are equally as protected as race, including Familial Status (meaning families with children). So, instead of thinking about how innocent the intended question about children is, take a look at the same statement if you were to substitute a race... "Are there many blacks in the neighborhood?" is probably a question that would make your spine shiver. While there is a common assumption that type of question comes with hate, and a question about children may come with love, we can not make that determination.

When you say - "You might like XYZ street better because there are many children in the same age range as your kids", it IS STEERING, which is very specifically illegal. There can be a fine line between benefit selling and steering, and it is easy to get tripped up.

I once had a customer looking for an apartment. He had only one leg. I remember saying "We don't have anything on the first floor"... I will never forget how he put me in my place - "Just because I have only 1 leg does not mean I have to be on the first floor, I hop quite well, THANK YOU!" He rented a second floor apartment and lived there for several years, until the condition that took his leg, took his life. Despite my horrible assumption, that rightfully offended him during our first meeting, he did forgive me and we did become friends. I was lucky, however, what I had done - innocently - was clearly STEERING based on a PROTECTED class. Yes, I broke the law - even with good intentions. We've probably all done it at some point.

The key is to train yourself to think like a professional and not a consumer; and never make judgements about your consumer - demographic questions can be referred to public sources or they should make their own assumptions based on their observances.

JAN

2008

This is awesome information and a must read for all professional agents. Thats if they want to stay out of trouble.

JAN

2008

I just saw the house today...the fair housing symbol. It made me read it again...thanks AR, it's been 19 months since I last read it.

FEB

2008

APR

2008

Its Great that you guys display this on the bottom of your site. Thanks

APR

2008

This is great, can you image if we didn't have these rules.

Interesting. I knew about these rules but had not read them in detail until right now. Thanks for posting. This is an important read.

I never noticed these either.

APR

2008

Good to know these are here for easy reference. As a group we need to give more thought to these rules when blogging or writing articles.

MAY

2008

Great find and reference, thanks!

JUN

2008

Its good to see this here.

JUL

2008

Crazy - this is such an old thread, and I thought so basic when I read it the first time. But, to add to the last comment - yes, HUD and Fair Housing offices do blind shop agents, banks, leasing and sales offices as part of an investigation and/or as a routine check.

AUG

2008

Aren't there still no follow tags on AR comments?

Wouldn't the Michigan comment spammers get a better return outside of ActiveRain?

AUG

2008

good!!

AUG

2008

Good post! You will never have to worry about FAIR if you follow the Golden Rule and treat everyone as you would want to be treated.

Great post and great comments!

AUG

2008

I winder how many attorneys troll Active Rain.

SEP

2008

Very nice post. Thank you for making sure that everybody follows the federal fair housing act.

Jay Skinner

OCT

2008

Great Stuff!

OCT

2008

The stuff you find on AR....

Appreciate the info.

NOV

2008

NOV

Agents really do not get this. Just go to any Craigslist page and there are so many violations in fair housing and advertising rules NAR could eliminate our dues if they followed up.

Why should NAR enforce rules on Craigslist? Real estate licensees are subject to Fair Housing laws not just those who are members of NAR. Fair Housing laws are enforced by state and federal agencies aren't they?Hasn't Craigslist taken more initiative in not accepting ads with violations.

NAR could hire babysitters to keep members noses clean when they are posting to Craigslist and that would eliminate dues? The brokerage is responsible... NAR member or not.

ActiveRains had problems, not a lot but should NAR monitor AR to make sure those who are members are not violating Fair Housing Laws?

JAN

I found this from the logo and link on the bottom of the AR pages, important that we all stay current on these laws, thanks.

JAN

In Vermont, as much as landlords try to comply with the Vermont Fair Housing laws, many get in trouble accidentally. Tenant organization and the VT Human Rights Commission has recently suggested that it will pursue landlords who advertise in papers using such terms as "no large dogs" because it implies they will not rent to families with young children as families with young children often have large dogs.

I firmly believe in the Fair Housing laws, but here in VT, the Human Rights Commission goes over the top. Some have suggested that the the non-profit tenant organizations are now pursuing classified ad language with no real discriminatory content as a way to ensure job security.

FEB

It was a great idea for you to post this to remind everyone of the advertising restrictions required by the Fair Housing Act. Moreover, and with respect to Active Rain itself, this posting should help it defend itself on the oft chance it ever gets sued by someone with an allegation of violations of the Fair Housing Act. Any forum where properties can be listed for sale is a potential target for advertising-related Fair Housing Act violations (e.g., Craigslist got sued), and this posting makes clear that Active Rain does not permit any advertising that is contrary to the law.

MAR

good post!!thanks!

APR

Thanks for the update!

JUL

Thanks for reminding us!

JUL

I am thankful for a government which cares enough to require we respect one another's rights in Fair Housing. I just saw a movie with Samuel Jackson in it that sends chills up my spine at the injustice of people not trying to get along and allow others to live in peace in their homes.

JUL

These have been our (lending and real estate) rules for quite a while and I am glad AR has made them part of your site.

SEP

Instead of counting on others (NAR)to be the ones to stamp out the mistakes we are making in concerns of Fair Housing, it is time for the Realtor to step and hold themselves accountable.

We should consider ourselves in the" AGE OF ACCOUNTABILITY"

NOV

I understand the concept and the need for the fair housing laws but it has gotten out of hand and gone to the point that we cannot answer simple questions that our clients ask. Questions that any other professional can answer....just not us.

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