Editor's Note: The following article concerning the Fair Housing Act originally appeared in the Pennsylvania State Real Estate Commission "Newsletter" It is reprinted here because its subject matter is relevant to North Carolina licensees as well
Housing discrimination is a crime. Fair Housing is the law of the land. These facts are not new. The additional two protected classes, familial status (families with children) and the handicapped, the way in which Title VIII is enforced, and the penalties which can be imposed for violations are new.
The Fair Housing Amendments Act of 1988, which amends Title VIII of the Civil Rights Act of 1968, is the most far-reaching civil rights legislation yet to affect the real estate industry. Effective now since March 13, 1989, it is proving to be a challenge to real estate licensees who must deal with the new provisions, new procedures and new penalties.
The amendments are having a significant effect upon an licensees who deal in rental properties or property management. Licensees dealing in rental properties need to modify their application procedures to address the new protected classes, need to adjust their rules and regulations, and need to adopt safety precautions to take into account the possible presence of children in their properties.
A review of recent settlements in housing discrimination cases since the first of the year shows that licensees and others who are found to have engaged in housing discrimination are paying sums of:$450,000, S70,000, 523,000, 645,000, 532,000, 1125,000, S37,500, 117,500 and S15,000.
Also, the Department of Housing and Urban Development (HUD) now has the authority to prosecute a charge on behalf of an aggrieved person and to provide a government attorney to represent them. The intended effect of these changes is a substantial increase in the number of charges brought against real estate licensees.
Every allegation against a licensee which reaches HUD in the form of a fair housing complaint may also result in disciplinary proceedings against the licensee by the appropriate state real estate licensing agency. In the event that a licensee who is a respondent in a fair housing complaint filed with HUD is found by an administrative law judge or a U.S. District Court judge to have engaged in or to be about to engage in a discriminatory housing practice in the course of the licensee's business, HUD is required; within 30 days after the order making such finding, to report such findings to the state licensing authority with a recommendation for appropriate disciplinary action under the applicable state license law.
Every real estate licensee should review the Act and Regulations to ensure that his actions are in compliance. Remember: Fair Housing is the law of the land. Housing discrimination is a crime. It can be very expensive. It can mean the suspension or revocation of your real estate license.
PRACTICE FAIR HOUSING. It's the law. It's good business.