Real Estate Agents and Fair Housing Laws
Question: May a real estate agent discriminate at the direction of the owner?
Answer: No. Even if a real estate agent has no discriminatory intent, the agent is in violation of the fair housing laws when discriminating against persons from one of the protected categories at the direction of the owner or lessor. Likewise, an agent is in violation if he or she knows that members of protected categories may be unlawfully rejected by the owner or lessor.
Question: What should a real estate agent do if he or she finds out that the seller or landlord intends to discriminate against a member of a protected category?
Answer: The agent should immediately terminate the agency relationship with the seller or landlord. The agent should then send a letter to the seller or landlord stating that the relationship has been terminated and explaining why. Next, the agent should inform any other agents or other parties to the transaction that he or she no longer represents the seller or landlord.
Question: Can a real estate agent decline to show property in a particular area because members of a protected category reside in that area?
Answer: No. This is steering, even if the buyer requests it. The real estate agent should inform the buyer that he or she can show property based on any of the buyer's other criteria, but not the presence or absence in the area of members of a protected category.
Question: Is a real estate brokerage firm in violation of the fair housing laws if one of its employees or agents unlawfully discriminates?
Answer: Yes.
Question: Can a real estate agent answer questions about the characteristics of a neighborhood if the questions concern one of the protected categories?
Answer: No.
Question: Is it a violation of the fair housing laws to deny an agent who is a member of a protected category access to real estate related services?
Answer: Yes. It is a violation of the fair housing laws to deny a qualified real estate agent access to or membership in any membership listing service, real estate brokers' organization or other service, organization, or facility relating to the business of selling or renting housing, because he or she is a member of one of the protected categories.
Question: Can a violation of the fair housing law affect a real estate brokers or salesmens license?
Answer: Yes. A violation of the fair housing laws is a violation of most state Real Estate License Laws; therefore, it could result in suspension or revocation of the agent's license by their states Real Estate Commission.
Enforcement of the Fair Housing Laws
Question: What should I do if I suspect that I or someone else has experienced unlawful discrimination in a housing transaction?
Answer: You may file a complaint with your states Real Estate Commission.
