Rental Property Owners, Managers and Agents

The Fair Housing Act covers activities related to the sale, rental, or advertising of dwellings, the provision of brokerage services, or the availability of residential real estate-related transactions, including mortgage lending and insurance.

Property owners, managers, agents, and employees (including maintenance workers) have a responsibility to avoid discriminating against applicants or tenants on the basis of race, color, national origin, religion, sex, disability, or familial status. A property owner or manager cannot establish discriminatory terms or conditions in the purchase or rental of housing, cannot falsely deny that housing is available, or advertise that the property is available only to persons of a certain race, color, national origin, religion, or sex, or to persons without a disability or childrenunder the age of 18.

Property owners and managers should make sure that all occupancy standards are reasonable and that they do not discrimination against families with children or other protected classes.

Property owners and managers should be aware of the accessibility requirements of the Fair Housing Act and should make reasonable accommodations to all applicants or tenants with disabilities.

Rental housing providers must adopt consistent policies and practices to ensure that everyone is treated equally and that all managers, agents, and employees are complying with the Fair Housing Act. Here are some important points to consider:

• All rental companies should adopt and post a fair housing policy.
• All rental employees should receive fair housing training.
• All rental companies should have consistent practices regarding tenant screening, waiting lists and viewing available apartments and models.

Sales Companies and Agents

The purchase of a home is one of the most significant events that individuals will experience in their lifetime. It directly impacts the hopes, dreams, aspirations, and economic destiny of those involved. The Fair Housing Act and other federal and state laws were enacted to guarantee a right to a national housing market free from discrimination based on race, color, national origin, religion, sex, disability, or familial status. Agents in a real estate transaction are prohibited by law from discriminating on any of these bases. A sales agent cannot legally comply with a request by a home owner to act in a discriminatory manner in the sale or rental of housing.

Sales companies and agents must adopt consistent policies and practices to ensure that everyone is treated equally and that all managers, agents, and employees are complying with the Fair Housing Act. Here are some important points to consider:

• All sales companies should adopt and post a fair housing policy.
• All sales employees should receive fair housing training.
• All sales companies should have consistent practices for determining customer location preferences, and whether sales customers are pre-qualified for mortgage loans before they are shown houses.
• If a customer has no neighborhood preference, offer suggestions in a variety of neighborhoods and locations.

The National Association of Realtors® Code of Ethics provides that "REALTORS® shall not deny equal professional services to any person for reasons of race, color, religion, sex, handicap, familial status, or national origin. REALTORS® shall not be a party to any plan or agreement to discriminate against a person or persons on the basis of race, color, religion, sex, handicap, familial status or national origin."

A REALTOR® pledges to conduct business in keeping with the spirit and letter of the Code of Ethics. Article 10 imposes obligations upon REALTORS® and is also a firm statement of support for equal opportunity in housing.

Relevant Links:

National Association of Realtors
www.realtor.com

Realtor® Fair Housing Declaration
www.realtor.org/divweb.nsf/0/54c2a42c3fbf011f85256b740068d141?OpenDocument

U.S. Department of Housing & Urban Development
www.hud.gov

Advertising

All real estate, lending, and insurance advertising should indicate no preference for or against anyone based on race, color, national origin, religion, sex, disability, or familial status. Use the fair housing logo on all advertisements!

Advertising with human models should reflect the demographics of the community. Make sure that your ads reflect the diversity of Montgomery and central Alabama.

The Central Alabama Fair Housing Center is available to conduct fair housing training sessions and to assist housing providers with questions. Please call us at (334) 263-4663.

Builders and Designers

The Fair Housing Act mandates building specifications that render housing accessible for the disabled. These specifications apply to the design and construction of multifamily housing built for first occupancy after March 1991. For a detailed description of the Act’s building requirements, please consult the Fair Housing Design Manual: a Manual to Assist Designers and Builders in Meeting the Accessibility Requirements of the Fair Housing Act.

The Design Manual provides guidance about ways to design and construct housing that complies with the Fair Housing Act. It is also one of the seven HUD-recognized safe harbors—clearly defined, well-written guidelines that describe exactly how to abide by the law—for compliance with the Fair Housing Act’s design and construction requirements. It explains HUD’s interpretation of the Act’s accessibility requirements and provides guidance and technical assistance on alternative accessibility approaches that comply with the Act, but may exceed its minimal requirements.

Relevant Links:

The Fair Housing Design Manual: A Manual to Assist Designers and Builders in Meeting the Accessibility Requirements of the Fair Housing Act
www.huduser.org/Publications/PDF/FAIRHOUSING/fairfull.pdf

Seven Design and Construction Requirements Mandated by the Fair Housing Act
www.fairhousingfirst.org/requirements.asp