Equal Opportunity in Housing

The sale and purchase of a home is one of the most significant events we experience in our lifetimes. It is more than the simple purchase of housing, for it includes our hopes, dreams, aspirations and economic destiny.

The Law

Equal Opportunity in Housing is the law of the land and the right of all in this country without regard to race, color, religion, sex or national origin.

Civil Rights Act of 1866

The Civil Rights Act of 1866 provides 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 and personal property." On June 17, 1968, in Jones vs. Mayer, the Supreme Court held that the 1866 law prohibits "all racial discrimination, private as well as public in the sale or rental of property."

Civil Rights Act of 1968

Congress declared a national policy of fair housing throughout the United States.

Title VIII of the 1968 Civil Rights Act is known as the Federal Fair Housing Law. Any discrimination in the sale, lease, or rental of real property based on race, color, religion, sex or national origin is illegal. The law requires that all people be treated equally with no difference in the terms or conditions of sale, purchase, lease, or rental and with no denial of equal housing opportunity based on race, color religion, sex or national origin.

The Responsibilities

The home seller, the home seeker, and the real estate industry all have rights and responsibilities under the law.

For the Home Seller

As a home seller or landlord you have a responsibility and a requirement under law not to discriminate in the sale or rental of property on the basis of race, color, religion, sex or national origin. You cannot expect the licensed broker or salesperson acting as your agent to convey for you any limitations in the sale or rental because the real estate industry is bound by law not to discriminate on the basis of race, color, religion, sex or national origin. Under the law, a home seller or landlord cannot establish terms or conditions in the purchase or rental of property that deny housing is available only to persons of a certain race, color, religion, sex or national origin.

For the Home Seeker

As a home seeker, you have the right to expect that housing will be available to you without discrimination or other limitations based on race, color, religion, sex or national origin. It is available to you on terms and conditions which are non-discriminatory under law. The law mandates for all home seekers with no denial of equal professional services.