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 | FAIR HOUSING ACT |
FAIR HOUSING ENSURES EQUAL HOMEOWNERSHIP OPPORTUNITIES
April is National Fair Housing Month, and it
celebrates our right to own, use and transfer real estate and housing in a diverse marketplace free from discrimination that is based on race, color, religion, sex, handicap, family status and national origin.
Simply put, it’s about providing equal and affordable housing opportunities and ensuring the housing industry supports equal opportunity in housing. After all, housing is the epitome of the American dream for many people. In fact, a National Association of Realtors (NAR) survey of prospective homebuyers shows they rank homeownership among the highest of priorities.
NAR research also shows that homeowners and renters both view homeownership as a measure of financial security, and survey respondents said they would sacrifice luxuries such as home entertainment systems, cars and vacations to purchase a home. And statistics from the U.S. Census Bureau suggest that homeownership is, in fact, affordable for many. The national homeownership rate reached an all-time high of 68.4 percent of U.S. households in the third quarter of 2003.
Housing for all?
But although NAR found that homeownership has generally increased among minorities, there is still a disparity between homeownership rates for whites and for African Americans, Hispanics and other minority groups. Low- and moderate-income families, as well as minorities, are the groups that homeownership eludes the most.
The good news is that the rate for homeownership among all groups is generally on the rise. For example, the homeownership rate for African American households in the third quarter of 2003 was 48 percent, up from 47.3 percent in the third quarter of 2002. The homeownership rate for Asian, Native Americans and Pacific Islanders was 55.9 percent, up from 54 percent in the third quarter of 2002. Homeownership by Hispanic households for the same period was at 46 percent, down from 47.1 percent a year earlier. By comparison, 75.7 percent of non-Hispanic whites were homeowners, up from 74.9 percent a year earlier.
NAR and local Realtor groups are responding to the need to increase affordable housing opportunities for everyone. For example, NAR established a new award program in 2001 to recognize outstanding contributions to minority homeownership. Working in partnership with several other minority-based housing groups, NAR launched the HOPE Awards (Home Ownership Participation for Everyone), a national program developed to promote minority homeownership. The program recognizes up to six organizations and individuals who are making outstanding contributions to the cause of increasing minority homeownership.
What is fair housing?
Breaking down the barriers to homeownership is what the federal Fair Housing Act is all about. Originally Title VIII of the Civil Rights Act of 1968, the Fair Housing Act prohibits discrimination in housing because of race or color; national origin; religion; sex; familial status (including children under the age of 18 living with parents or legal custodians; pregnant women and people securing custody of children under 18); or disability. The Fair Housing Act covers most types of housing and prohibits such actions as:
- Refusing to rent or sell housing
- Refusing to negotiate for housing
- Making housing unavailable
- Denying a dwelling
- Setting different terms, conditions or privileges for sale or rental of a dwelling
- Providing different housing services or facilities
- Falsely denying that housing is available for inspection, sale or rental
- Denying anyone access to or membership in a facility or service (such as a multiple listing service) related to the sale or rental of housing.
The Fair Housing Act also applies to mortgage lending situations, stating that no one may take any of the following actions based on race, color, national origin, religion, sex, familial status or disability:
- Refuse to make a mortgage loan
- Refuse to provide information regarding loans
- Impose different terms or conditions on a loan, such as different interest rates, points or fees
- Discriminate in appraising property
- Refuse to purchase a loan or
- Set different terms or conditions for purchasing a loan.
It’s also illegal for anyone to threaten, coerce, intimidate or interfere with anyone exercising a fair housing right or assisting others who exercise that right.
The Fair Housing Act also extends to persons with disabilities, including those with AIDS or AIDS-related complex (ARC). While this specifically applied to rental housing, landlords must make reasonable accommodations in rules, policies, practices or services if necessary for the disabled person to use the housing.
If there’s a problem…
If you think your fair housing rights have been violated, contact HUD and complete a Housing Discrimination Complaint Form. It’s available for download on HUD’s Web site (www.hud.gov), or you can contact the HUD office nearest you. You have one year after an alleged violation to file a complaint with HUD, but it’s wise to file it as soon as possible.
If you are disabled, HUD can provide a toll-free TTY phone for the hearing impaired (1-800-927-9275); interpreters; tapes and Braille materials; and assistance in reading and completing forms.
The Fair Housing Act and HUD’s regulations contain more detail and technical information. If you’re interested in a copy of the law or regulations, contact the HUD office nearest you.
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Sources: The U.S. Department of Housing and Urban Development, National Association of Realtors.
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Source: FAIR HOUSING ACT |
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If you have any questions contact the Odessa Board of REALTORS at (432)362-8943. |
Source: Continuing Education |
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