Fair Housing Rules and Regulations in Westchester NY | Westchester NY Real Estate
Westchester Putnam Association of REALTORS®, Inc.
60 South Broadway, White Plains, NY 10601
914.681.0833 Fax: 914.681.6044 www.WPAR.net
Putnam Office: 155 Main Street, Brewster, NY 10509 845.279.7070
INFORMATION ABOUT FAIR HOUSING IN REAL ESTATE
TO WESTCHESTER HOMEBUYERS, RENTERS, SELLERS, AND APARTMENT OWNERS:
The Westchester Putnam Assocaition of REALTORS®, Inc., of which I am a member, has asked its member REALTORS® to distribute this memo to everyone with whom they do business. Thepurpose is to promote better understanding of current fair housing laws and the ethicalobligations of REALTORS®.
Discrimination in the sale or rental of residential property based on race, color, religion, sex, national origin, age, familial and marital status, or disability is prohibited by one or more provisions of federal and state law. In addition, Westchester County and some individual communities have local fair housing laws to supplement the federal and state laws. An abstract of key federal, state, and county laws is printed on the reverse side of this memo.
Real estate agents are subject to these laws. If the real estate agent is also a REALTOR®member of the Board of REALTORS®, he or she is subject to the additional standard of totalnondiscrimination that is a part of the REALTOR® Code of Ethics. Violation of the Code leads to disciplinary action against the REALTOR® in addition to the penalties under applicable laws.
But real estate agents and REALTORS® are not alone in being subject to the fair housing laws.IT IS IMPORTANT FOR REAL ESTATE BUYERS AND SELLERS TO KNOW THAT THEY,TOO, ARE SUBJECT TO MOST PROVISIONS OF THE FEDERAL, STATE, OR LOCAL FAIRHOUSING LAWS WHETHER OR NOT A REAL ESTATE AGENT OR REALTOR IS INVOLVEDIN THE TRANSACTION. IN PARTICULAR, RACIAL DISCRIMINATION BY ANYONE IN THE SALE OR RENTAL OF HOUSING IS A VIOLATION OF FEDERAL LAW.
Although the sale or rental of real property is a private act, it is subject to fair housing laws.Ordinary buyers and sellers, “testers,” and regulatory agencies can and do take legal action against parties who do not deal on an equal opportunity basis. We hope this information clarifiesour mutual responsibilities in fair housing. Thank you for your attention.
REALTOR® is a registered mark which identifies a professional in real estate who subscribes to a strict Code of Ethics as a member of the NATIONAL ASSOCIATION OF REALTORS.
SUMMARY OF IMPORTANT FAIR HOUSING LAWS EXCERPTED FROM PUBLICATIONS OF THE NATIONAL ASSOCIATION OF REALTORS AND FROM AWESTCHESTER REALTOR’S GUIDE TO FAIR HOUSING AND EQUAL OPPORTUNITY REAL ESTATE
The 1866 CIVIL RIGHTS ACT provided that:
New York law prohibits discrimination in the sale, rental or lease of housing accommodations on the bases of race, color, creed,national origin, sex, disability, age, marital status, or sexualorientation by the owner, lessee, sublessee, or managing agent ofhousing accommodations or by real estate brokers and salepersons.
The law also prohibits discrimination in:
“All citizens of the United States shall have the same rights, in every State and Territory, as is enjoyed by white citizens thereof toinherit, purchase, lease, sell, hold and convey real and personalproperty.”
On June 17, 1968, in the case of JONES v. MAYER, the UnitedStates Supreme Court held that the 1866 law prohibits “all racialdiscrimination, private as well as public, in the sale or rental ofproperty.”
1
The terms, conditions or privileges of the sale, rental or lease or in the furnishing of facilities or services in connection with any housing accommodation;
2
The printing or circulating of any statement or publication or the use of any form of application or publication for the purchase, rental or lease of a housing accommodation.
Thus, any individual, who feels he or she has been
discriminatedagainst, can immediately file a suit in Federal Court. The court canstop the sale of a house, or rental of an apartment, to someoneelse or award damages and court costs.
The 1968 Supreme Court decision further held that the 1866 Actprotects all individuals against the following:
There are certain limited exceptions to New York State’s Human Rights Law: (1) the rental of one and two family dwellings where theowners or their families reside in such dwellings, (2) the rental ofrooms in housing accommodations by owners or occupants wheresuch persons or their families actually reside in such accommodations or (3) the rental of all rooms in a housingaccommodation to persons of the same sex.
1.
Denial that housing is available for inspection, sale, or rent when it is really available.
2.
Discrimination in the terms or conditions of sale or rental lease.
1968 FAIR HOUSING LAW
FAIR HOUSING AMENDMENTS ACT OF 1988
Title VIII of the Civil Rights Act of 1968 (the Federal Fair HousingLaw), declared it a national policy to provide fair housingthroughout the United States. This law and subsequentamendment makes discrimination based on race, color, religion,sex, or national origin illegal in connection with the sale or rental ofmost housing and any vacant land offered for residentialconstruction or use. The Fair Housing Law provides protectionagainst the following acts, if they are based on race, color, religion,sex or national origin:
1
Refusal to sell or rent, to deal or negotiate with any person.
2
Denial of a loan or creation of different terms or conditions for home loans by commercial lenders, such as banks, savings and loan associations or insurance companies.
3
Discrimination, by advertising that housing is available only to persons of a certain race, color, religion, sex or national origin.
4
“Blockbusting” for profit i.e. persuading owners to sell or rent housing by telling them that minority groups are moving into the neighborhood. 5
Denial to anyone of the use of, or participation in, any real estate services such as brokers’ organizations, multiple listing services, or other facilities related to the selling or renting of housing.
This Act strengthened the enforcement of the 1968 Fair Housing Law. It also provided substantial additional protection for disabled persons seeking housing, and limited restrictions on purchasers or renters on account of familial status or age. Sellers or landlords who would decline to sell or rent to persons on account of handicap or familial status are advised to consult an attorney beforehand.
WESTCHESTER COUNTY HUMAN RIGHTS COMMISSION
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