Fair Housing Laws for Real Estate Professionals
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FAIR HOUSING FOR REAL
ESTATE PROFESSIONALS
David M. Penny, Esq. Tomlinson and Associates
Acknowledgement/Disclaimer
"The work that provided the basis for this publication was supported by
funding under a grant with the U.S. Department of Housing and Urban
Development. The substance and findings of the work are dedicated to
the public. The author and publisher are solely responsible for the
accuracy of the statements and interpretations contained in this
publication. Such interpretations do not necessarily reflect the views of
the Federal Government."
Learning Objective
By the end of this presentation, you will know how to provide real estate
services in accordance with the Fair Housing Act.
“Fair Housing” is About Civil Rights
Fair Housing laws are federal, state, and local laws that prohibit housing
discrimination. It is ILLEGAL to treat a person differently in a housing
transaction because the person is a member of a “protected class.”
Race
Color
Religion
National Origin
Sex – Gender Identity,
Sexual Orientation
Familial Status
Mental or Physical Disability
The Protected Classes are:
Why Fair Housing Compliance is a Priority
It is the law.
Noncompliance is a denial of Civil Rights.
Noncompliance is expensive.
Limitations on Who Must Comply with Fair Housing
Laws
The Fair Housing Act does not apply to a private individual
owner selling their own home following that;
They do not own more than three single family homes
There is no use of a real estate agent
Advertising or notices are not discriminatory
There have been no real estate sales within twenty-four months
and the owner is not in the business of selling or renting dwellings
Limitations on Who Must Comply with Fair Housing
Laws
Requests for accommodation requirements do not apply to
owner occupied buildings that have four or fewer dwelling units
Fair Housing laws are not the Americans with Disabilities Act
When the Fair Housing Act applies, compliance obligations
extend to individuals and corporations (i.e.; real estate
professionals, lenders and brokers)
Discriminatory Conduct Under Fair Housing Laws
Refusing to rent, sell, or finance/denial of housing
Refusing to give information, discouraging from
renting/purchasing, or lying about availability
Applying different rules, privileges, standards, and/or
qualifications
Variance in eviction/providing of services
Making discriminatory statements (spoken or published)
Discriminatory Conduct Under Fair Housing Laws
Steering to certain housing
Harassing, intimidating, threatening, or coercing
Refusing to let a person with a disability make modifications
necessary to use the dwelling
Refusing to make reasonable changes in rules, policies,
practices, or procedures so that a person with a disability can
have equal use of the dwelling
Fair Housing for Individuals with a Disability
What does “disability” mean?
“Disability” means a person with a physical or mental impairment which
substantially limits one or more of the person’s major life activities.
Laws that Apply to the Protection of Individuals with
Disabilities
The Fair Housing Act 42 USC
§ 3601
et seq.
Idaho Anti-Discrimination Statutes. Idaho Code
§ 67-5902
et
seq.
Section 8, Rural Development
Other laws apply if the housing is operated under a program that
provides Federal assistance
Complying with the Law as a Real Estate
Professional
The agent’s responsibility does not arise until the client discloses that
they have a disability, or the disability is apparent
Do not ask if someone has a disability or inquire into the type, nature,
or extent of their disability or limitations
The agent’s goal is to overcome barriers that are disability related;
You can ask “How may I help you?”
You may ask (all clients) “Do you have any special needs that I can help you
with?”
Be vigilant for a “request for accommodation”
Requests for Accommodation or Modification
An accommodation is a request for a change in rules, policies, practices,
or services that may be necessary to afford a disabled person equal
opportunity
Clients with disabilities may request your assistance either verbally or in writing
A modification is a change to a dwelling so that a person with a disability
has an equal opportunity to use and enjoy it
Generally, requests must be honored so long as the individual has a
disability and establishes there is a connection between the
request and the individual’s ability to participate in a real
estate transaction
Rules that Apply to Requests for Accommodation
Real estate professionals must consider any reasonable
accommodation request
A request for accommodation can be verbal or in writing
The real estate professional should grant the request unless;
Doing so would create an undue financial or administrative burden, or
Granting the request would fundamentally alter the nature of the
professional’s business
Suggest an alternative accommodation if the one
requested is not reasonable
Examples of a Reasonable Request for
Accommodation
Scheduling appointments for a specific time of day
Flexibility in determining meeting locations
Attendance of care providers
Use of the client’s disability adapted transportation
Service/comfort animal
Creating a video recording of parts of the house that are difficult to access
Allowing client’s contractor to inspect the house for possible modifications
Magnification of small print documents
Allowing a client to use a wheelchair, scooter, or a golf cart
to view a property
Examples of an Unreasonable Request for
Accommodation
Physically carrying the client to overcome stairs/barriers
Providing the client with a care provider
Driving through landscaping to improve accessibility
A request that places the real estate professional at physical
risk
A request that places the real estate professional or another
person’s property at risk of damage
A request that would require the real estate
professional to incur a substantial expense
Fair Housing for Families with Children
What does the phrase “familial status” mean?
“Familial status” means having a child under age 18 in the household,
whether living with a parent, a legal custodian, or their designee. It also
covers a woman who is pregnant, and people in the process of adopting
or gaining custody of a child.
Fair Housing for Families with Children
What action does the law prohibit?
No one may deny housing, limit access to housing, discourage home
seekers, or create different rules, fees, or standards because of the
familial status of the household. This includes rentals, purchases, lending,
advertising, and any other transaction within the housing industry.
Real World Examples
A customer tells their listing agent, “our neighbors like the neighborhood
the way it is and have asked that we not sell to a family with teenagers,
Hispanics, or Jews. We trust you will help us with that request.”
How would you respond?
Real World Examples
An immigrant family from Somali hires you and you learn that three
other families from Africa recently purchased homes in the same
neighborhood where there is another home for sale.
Do you let that information influence the location of homes you
show this client?
Real World Examples
Your client refuses to consider the best offer from a couple that is
gay because he cannot stand the thought of gay people in the
home he is selling.
What do you tell your client?
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Follow us on Facebook:
FairHousingForum
IdahoHousing
Follow us on Twitter
@FairHouseForum
@IdahoHousing
YouTube Channel
English language videos
Spanish language videos
idahohousing.com/fair-housing
fairhousingforum.org
Additional Resources
Bilingual Videos
Understanding and complying with fair housing laws is crucial for real estate professionals to ensure non-discriminatory practices. This presentation covers the protected classes, importance of compliance, and limitations on who must adhere to fair housing laws.
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Presentation Transcript
FAIR HOUSING FOR REAL ESTATE PROFESSIONALS David M. Penny, Esq. Tomlinson and Associates
Acknowledgement/Disclaimer "The work that provided the basis for this publication was supported by funding under a grant with the U.S. Department of Housing and Urban Development. The substance and findings of the work are dedicated to the public. The author and publisher are solely responsible for the accuracy of the statements and interpretations contained in this publication. Such interpretations do not necessarily reflect the views of the Federal Government."
Learning Objective By the end of this presentation, you will know how to provide real estate services in accordance with the Fair Housing Act.
Fair Housing is About Civil Rights Fair Housing laws are federal, state, and local laws that prohibit housing discrimination. It is ILLEGAL to treat a person differently in a housing transaction because the person is a member of a protected class. The Protected Classes are: Race Sex Gender Identity, Sexual Orientation Color Familial Status Religion Mental or Physical Disability National Origin
Why Fair Housing Compliance is a Priority It is the law. Noncompliance is a denial of Civil Rights. Noncompliance is expensive.
Limitations on Who Must Comply with Fair Housing Laws The Fair Housing Act does not apply to a private individual owner selling their own home following that; They do not own more than three single family homes There is no use of a real estate agent Advertising or notices are not discriminatory There have been no real estate sales within twenty-four months and the owner is not in the business of selling or renting dwellings
Limitations on Who Must Comply with Fair Housing Laws Requests for accommodation requirements do not apply to owner occupied buildings that have four or fewer dwelling units Fair Housing laws are not the Americans with Disabilities Act When the Fair Housing Act applies, compliance obligations extend to individuals and corporations (i.e.; real estate professionals, lenders and brokers)
Discriminatory Conduct Under Fair Housing Laws Refusing to rent, sell, or finance/denial of housing Refusing to give information, discouraging from renting/purchasing, or lying about availability Applying different rules, privileges, standards, and/or qualifications Variance in eviction/providing of services Making discriminatory statements (spoken or published)
Discriminatory Conduct Under Fair Housing Laws Steering to certain housing Harassing, intimidating, threatening, or coercing Refusing to let a person with a disability make modifications necessary to use the dwelling Refusing to make reasonable changes in rules, policies, practices, or procedures so that a person with a disability can have equal use of the dwelling
Fair Housing for Individuals with a Disability What does disability mean? Disability means a person with a physical or mental impairment which substantially limits one or more of the person s major life activities.
Laws that Apply to the Protection of Individuals with Disabilities The Fair Housing Act 42 USC 3601 et seq. Idaho Anti-Discrimination Statutes. Idaho Code 67-5902 et seq. Section 8, Rural Development Other laws apply if the housing is operated under a program that provides Federal assistance
Complying with the Law as a Real Estate Professional The agent s responsibility does not arise until the client discloses that they have a disability, or the disability is apparent Do not ask if someone has a disability or inquire into the type, nature, or extent of their disability or limitations The agent s goal is to overcome barriers that are disability related; You can ask How may I help you? You may ask (all clients) Do you have any special needs that I can help you with? Be vigilant for a request for accommodation
Requests for Accommodation or Modification An accommodation is a request for a change in rules, policies, practices, or services that may be necessary to afford a disabled person equal opportunity Clients with disabilities may request your assistance either verbally or in writing A modification is a change to a dwelling so that a person with a disability has an equal opportunity to use and enjoy it Generally, requests must be honored so long as the individual has a disability and establishes there is a connection between the request and the individual s ability to participate in a real estate transaction
Rules that Apply to Requests for Accommodation Real estate professionals must consider any reasonable accommodation request A request for accommodation can be verbal or in writing The real estate professional should grant the request unless; Doing so would create an undue financial or administrative burden, or Granting the request would fundamentally alter the nature of the professional s business Suggest an alternative accommodation if the one requested is not reasonable
Examples of a Reasonable Request for Accommodation Scheduling appointments for a specific time of day Flexibility in determining meeting locations Attendance of care providers Use of the client s disability adapted transportation Service/comfort animal Creating a video recording of parts of the house that are difficult to access Allowing client s contractor to inspect the house for possible modifications Magnification of small print documents Allowing a client to use a wheelchair, scooter, or a golf cart to view a property
Examples of an Unreasonable Request for Accommodation Physically carrying the client to overcome stairs/barriers Providing the client with a care provider Driving through landscaping to improve accessibility A request that places the real estate professional at physical risk A request that places the real estate professional or another person s property at risk of damage A request that would require the real estate professional to incur a substantial expense
Fair Housing for Families with Children What does the phrase familial status mean? Familial status means having a child under age 18 in the household, whether living with a parent, a legal custodian, or their designee. It also covers a woman who is pregnant, and people in the process of adopting or gaining custody of a child.
Fair Housing for Families with Children What action does the law prohibit? No one may deny housing, limit access to housing, discourage home seekers, or create different rules, fees, or standards because of the familial status of the household. This includes rentals, purchases, lending, advertising, and any other transaction within the housing industry.
Real World Examples A customer tells their listing agent, our neighbors like the neighborhood the way it is and have asked that we not sell to a family with teenagers, Hispanics, or Jews. We trust you will help us with that request. How would you respond?
Real World Examples An immigrant family from Somali hires you and you learn that three other families from Africa recently purchased homes in the same neighborhood where there is another home for sale. Do you let that information influence the location of homes you show this client?
Real World Examples Your client refuses to consider the best offer from a couple that is gay because he cannot stand the thought of gay people in the home he is selling. What do you tell your client?
Resources Additional Resources idahohousing.com/fair-housing fairhousingforum.org For more information: Follow us on Facebook: FairHousingForum IdahoHousing Bilingual Videos Follow us on Twitter @FairHouseForum @IdahoHousing YouTube Channel English language videos Spanish language videos
