FAIR HOUSINGRISK REDUCTION STRATEGIES

Certified for 3 Hours Legal Continuing

Education Credit

DORETHA ARDOINRISK REDUCTION STRATEGIST

LOLA AUDURISK REDUCTION STRATEGIST

Acts of Discrimination Under the Fair Housing ActIt provides protection against discriminatory housing practices based on race, sex, religion, color, handicap, familial status, or national origin:• Denying or refusing to rent housing• Denying or refusing to sell housing• Treating applicants differently for housing• Treating residents differently in connection with terms and conditions

The Federal Fair Housing Act in Brief

*Professionalism*REALTOR Code of Ethics*Business Profile*Reputation*Risk Management

Mission

Education

Industry Home Buyers

GeneralPublic

Enforcement

Complaints Special Projects

Survey Testing

ENSURE EQUAL ACCESS TO HOUSING OPPORTUNITY

Realtor Code of Ethics

Article 10REALTORS® 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 parties 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. (Amended 1/90)

REALTORS®, in their real estate employment practices, shall not discriminate against any person or persons on the basis of race, color, religion, sex, handicap, familial status, or national origin. (Amended 1/00)

• Actual damages• Civil penalties• Punitive damages• Injunctive relief• Licensee discipline

Penalties for Violation of the Fair Housing Law

LIABILITY

• Intent to discriminate is not required

• Fair Housing trumps First Amendment

• Ignorance is no defense

IT’S LOCAL…FAIR HOUSING LOCAL ORDINANCES

The Fair Housing Act Directly Affects 3 Categories

Renters or Sellers of Property

Agents inRental/SalesTransactions

Media Advertising

Rental or Sale of Property

Copyright 2015 All Rights Reserved

CASE LAW & ANECDOTES

• Sexual Harassment Case

Copyright 2015 All Rights Reserved

CASE LAW & ANECDOTES

• The Guinea Pig CASE

VIDEO

• Discrimination in housing on the basis of religion is prohibited under local, state and federal law.

Realtor Code of EthicsStandard of Practice 10-1

When involved in the sale or lease of a residence, REALTORS® shall not volunteer information regarding the racial, religious or ethnic composition of any neighborhood nor shall they engage in any activity which may result in panic selling, however, REALTORS® may provide other demographic information. (Adopted 1/94, Amended 1/06)

AGE (CONT.)

• As long as a person can legally enter into a contract, age can not be used as a basis for discrimination in housing.• Over 18 years of age

or emancipated

SEXUAL ORIENTATION/PREFERENCE (CONT.)

This also includes the perception of being homosexual, bisexual, or heterosexual.

All real estate advertising in this newspaper is subject to the Fair Housing Act which makes it illegal to advertise “any preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin, or an intention, to make any such preference, limitation or discrimination.” Familial status includes children under the age of 18 living with parents or legal custodians, pregnant women and people securing custody of children under 18.

Publisher’s Notice - Example

POLITICS &PERSONAL MATTERS

PROGRAM OVERVIEW – PART #1

• FAIR HOUSING BINGO• HISTORY OF FAIR HOUSING• FAIR HOUSING LAWS• FAIR HOUSING ORDINANCES• FAIR HOUSING CASE HISTORIES• IMMIGRATION & SEXUAL HARRASSMENT

PROGRAM OVERVIEW – PART #2

• STEREOTYPING & THE LAW – VIDEOS/DISCUSSION• PROTECTED CATEGORIES• DISCUSSION & REAL LIFE CASE HISTORIES• NETIQUETTE & FAIR HOUSING ADVERTISING• WRAP-UP & EVALUATION