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Fair Housing and Ethical Practices

Fair Housing and Ethical Practices. Civil Rights Act of 1866 – first effort to guarantee equal housing for all. Prohibits discrimination on basis of race. Plessy v. Ferguson – 1896 U.S. Supreme Court decision that established separate but equal doctrine.

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Fair Housing and Ethical Practices

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  1. Fair Housing and Ethical Practices

  2. Civil Rights Act of 1866 – first effort to guarantee equal housing for all. Prohibits discrimination on basis of race. • Plessy v. Ferguson – 1896 U.S. Supreme Court decision that established separate but equal doctrine.

  3. Fair Housing Act – Title VIII of the Civil Rights Act of 1968. • prohibited discrimination in housing based on race, color, religion, or national origin. Sex was added in 1974 by the Housing and Community Development Act. • Today, it covers race, color, religion, sex, handicap, familial status, or national origin. • Also covers discrimination because of person’s association with a protected person.

  4. HUD – Department of Housing and Urban Development • Administers fair housing law. • See book for examples and details. • Although the Fair Housing Act exempts individual homeowners the 1866 law prohibits all racial discrimination without exception.

  5. Equal Credit Opportunity Act – ECOA • Prohibits discrimination on the basis of race, color, religion, national origin, sex, marital status, or age in the granting of credit.

  6. Americans with Disabilities Act • Owners of rental property must make reasonable accommodations for people with disabilities. • Rental offices, sales offices, etc. must be accessible or alternative arrangements must be made to allow disabled individuals equal access to housing and services.

  7. Fair Housing Practices • Blockbusting • Steering • Advertising • gender specific ads are allowed if someone is seeking a roommate of the same gender. • Appraising • Redlining • Intent v. Effect

  8. Enforcement of Housing Laws • HUD is responsible for the enforcement of all equal housing laws. • If state or local laws are substantially equivalent then HUD may refer it to that state or municipality.

  9. Implications for Brokers and Salespeople • Follow the Code of Ethics of the National Association of Realtors • Treat everyone fairly and consistently to ensure that you are in compliance. • Do whatever you can reasonably do to accommodate individuals with disabilities. • Following fair housing laws is not only the right thing, its good business.

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