ShareNOTE: Consumer guides do not constitute any change in NAR policy. Real estate professionals must ensure they market properties consistent with relevant MLS rules and educate sellers on the choices available.
Buying or selling a home is more than a transaction—it’s fundamental to your long-term goals and financial future. Consumers and agents all have rights and responsibilities to promote a home buying or selling process free from discrimination. Here’s what you need to know:
What is “fair housing” and how does it help me?
The federal Fair Housing Act prohibits discrimination in housing and housing-related transactions based on race, color, sex (including sexual orientation and gender identity), national origin, religion, disability, or familial status. Local and state fair housing laws may prohibit discrimination on additional protected classes. The bottom line is that discrimination hurts all sides of a home transaction, closes the door on the American dream of homeownership, and perpetuates economic inequality. Homebuyers, home sellers and real estate professionals depend on strong fair housing laws and practices for our communities and economy to thrive.
How do fair housing laws apply to me as a buyer?
You should expect to receive the same professional service in the homebuying process regardless of any protected characteristic. This includes equitable treatment by your agent, the seller, the seller’s agent, appraisers, lenders, and others involved in your home search and purchase. You should also expect your agent to provide you with home options in your price range regardless of the racial or ethnic composition of neighborhoods.
How do fair housing laws apply to me as a seller?
You cannot discriminate when selling your home based on the buyer’s race, color, sex (including sexual orientation and gender identity), national origin, religion, disability, or familial status. You also cannot instruct your agent to conduct a sale any differently based on these prohibited reasons. That means you cannot advertise your home to just one or to a limited number of groups.
How does working with an agent who is a REALTOR® help ensure fair housing practices are followed?
In addition to an obligation to comply with applicable fair housing laws, REALTORS® adhere to the highest ethical standards. the REALTOR® Code of Ethics obligates REALTORS® to provide equal professional services to all consumers. Among other ethical duties, REALTORS® must not discuss the demographic composition of a neighborhood, advertise a property in a way that indicates any preference, limitations, or discrimination for a prohibited reason. Read more about REALTORS’® duty to put client interests above their own here.
Where can I report suspected discrimination in the homebuying or selling process?
Report housing discrimination to the Office of Fair Housing and Equal Opportunity (FHEO) at the Department of Housing and Urban Development (HUD) and ethical violations to your agent’s state or local REALTOR® Association (find an association here). You can also report concerns to a local nonprofit fair housing organization (find by ZIP code here). Fair housing laws prohibit harassment or intimidation if you report discriminatory behavior.
The Fair Housing Act is a federal law; many state and local laws provide additional protections. Consult your real estate professional, an attorney, and your state’s housing authority for details about applicable fair housing laws where you are selling or purchasing a home. Please visit facts.realtor for more information and resources.
