Chapter 20Fair Housing and Ethical Practices

Fair housing is not just “nice to have”—it’s the law. Fair housing practices are established by local, state, and national laws and regulations, and the judicial system actively enforces them.

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20 Fair Housing and Ethical Practices

• Learning objectives– Identify the classes of people who are protected against

discrimination in housing by various federal laws

– Describe how the Fair Housing Act is enforced

– List the exemptions allowed in the Fair Housing Act

– Explain how fair housing laws address a variety of discriminatory practices and regulate real estate advertising

– Distinguish the protections offered by the Fair Housing Act, the Housing and Community Development Act, the Fair Housing Amendments Act, the Equal Credit Opportunity Act, and the Americans with Disabilities Act

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20 Fair Housing and Ethical Practices• Equal opportunity

– Civil Rights Act of 1866– Fair Housing Act– HUD– Housing

• Familial status• Disability• Racial discrimination—Jones v. Mayer

– Prohibited actions– Exemptions to the Fair Housing Act

• Housing for older persons

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• Other federal laws– Megan’s Law– Equal Credit Opportunity Act– Americans with Disabilities Act

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20 Fair Housing and Ethical Practices

Georgia Fair Housing Law• Substantially similar to Federal Fair Housing Act of 1988

• Purposes of Law– Safeguard people from discrimination

– Eliminate discrimination in sale, rental, financing, brokerage

– Protect personal dignity and freedom from humiliation

• It is Unlawful to:– Refuse to sell or rent after a bona fide offer based on race, color,

religion, sex, disability, familial status, or national origin (RCRSDFN)

– Show preference or discrimination based on RCRSDFN

– Blockbusting, steering

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• Fair housing issues– Blockbusting– Steering– Advertising– Appraising– Redlining– Intent and effect– Response to concerns of terrorism

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• Enforcement of the Fair Housing Act– HUD enforcement– State and local agencies– Threats or acts of violence

• Implications for brokers and salespeople

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• Professional conduct and ethics– Ethics defined– National Association of REALTORS® (NAR) Code of

Ethics