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Fair Housing As a North Carolina real estate licensee, you already know that discrimination based upon race, color, sex, familial status, disability, or national origin is a violation of federal fair housing laws and the State (North Carolina) Fair Housing Act. But, did you know that upon the first conviction of a federal fair housing violation, you could be fined up to ten thousand dollars, and, up to twenty-five thousand dollars on your second conviction, and on the third and subsequent convictions, up to fifty thousand dollars? Also, are you aware that most errors and omissions insurance policies do not cover such fines? Additionally, the HUD Secretary is instructed to notify the appropriate state-licensing agency—in this case the North Carolina Real Estate Commission—as to the court findings on such violations. That could result in additional fines, suspension or revocation of your real estate license.
Owning a home is a big part of the American Dream. For many families it represents the most significant investment of a lifetime and is tied to future hopes, aspirations and financial security.
Fair Housing is a national policy and the law of the land. The Civil Rights Act of 1866 provided that “All citizens of the United States shall have the same right…as is enjoyed by white citizens…to inherit, purchase, lease, sell, hold, convey real and personal property. This law is still in effect and has NO EXCEPTIONS OR EXEMPTIONS, under any state or federal statutes.
In 1968, the US Supreme Court affirmed the 1866 law. The Federal Fair Housing Law of 1968, also known as Title VIII: 1. Prohibits discrimination in the sale, lease or rental of property based upon race, color, religion, sex or national origin. 2. Bars panic peddling, the attempt to generate listings by representing a present or prospective racial change in an area. 3. Outlaws harassment against minority buyers or real estate agents or sellers exercising their fair housing rights and responsibilities. In 1988, the Fair Housing Amendments Act amends Title VIII of the Civil Rights Act of 1968. First, the amendments add discrimination based on handicap and familial status. In addition, the amendments change the way in which Title VIII is enforced and the penalties that can be imposed for a violation. The laws of the State of North Carolina basically affirm the federal laws. The REALTOR’S responsibilities: 1. Advise sellers and buyers of fair housing responsibilities. 2. Avoid statements or actions that may be construed as panic peddling. 3. Provide equal professional service to all prospects. 4. Offer to show all properties within a buyer’s price range, to avoid tendency to steer. 5. Refrain from providing information about an area’s racial composition that may discourage consideration by a prospective buyer. 6. Avoid marketing practices that have the effect of promoting racial segregation or retarding integration. 7. Refuse to facilitate real estate transactions where conditions or terms are changed, or access is denied on the basis of race, color, sex, handicap, familial status or national origin. 8. Present and advertise properties as available to all persons, regardless of race. REALTORS®, no matter how conscientious you may be in your professional behavior, you know we live in a litigious society. In recognition of this, here are some guidelines to help you avoid violations: 1. Be objective, do not assume anything about income, education, preferences, etc. 2. Have systematic procedures—always doing business the same way with everyone means always giving everyone the same treatment. 3. Keep excellent records—write down all houses shown, phone calls, etc. The courts look more kindly upon agents who show a paper trail—it doesn’t have to be fancy, just notes, daily dairies, scraps of paper, KEEP EVERYTHING, and keep it for THREE YEARS, even on transactions that never came to fruition, no matter how innocuous the information may seem. 4. Remember, let the clients or customers make the decisions---NOT YOU. There are state and federal “Testers”, who are paid to test you by phone calls and in person. In the final analysis it is really is very easy to stay in compliance with fair housing laws, simply treat everyone with dignity and respect. There is a modification of the Golden Rule, called the Platinum Rule, “Do unto others as THEY would have you do unto them.”
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