Owning a home can change the trajectory of a family's future for generations to come; shaping overall quality of life and strengthening the community that we all call home. Buying your first home is uniquely challenging, so that achievement represents stability, opportunity, and the chance to put down roots. April is Fair Housing Month and is a time for REALTORS to renew our commitment to expanding homeownership opportunities and fostering inclusive communities. Buyer agents help home buyers to take the necessary steps in the complex home buying process and build generational wealth every day.
HUD enforces illegal discrimination and “intimidation in people’s homes, apartment buildings, and condominium developments, in nearly all housing transactions, including the rental and sale of housing and the provision of mortgage loans”. The law prohibits inequitable treatment in the financing, sale, rental, appraisal and insuring of a home based on race or color, national origin or ancestry, religion, sex, familial status and physical or mental disability.
In the state of Maine, the Maine Human Rights Act (MHRA enforced by the Maine Human Rights Commission) recognizes sexual orientation including gender identity or expression, those in receipt of public assistance and those who are experiencing retaliation for exercising their MHRA rights as protected classes, as well.
All REALTORS must adhere to Article 10 in the Code of Ethics which prohibits discrimination of any protected class. As REALTORS we are not permitted to use words which are listed as implying a preference or limitation to the type of buyer who might be suitable for a home in the advertisement of a property.
We cannot share our personal opinion about the quality of a school system, and instead we share reliable sources of information and data with buyers who are choosing a community to live in. It is our responsibility as REALTORS to follow the instructions of our seller clients by sharing personal letters written to sellers which accompany an offer if instructed to (after sharing with our clients what potential Fair Housing violation risks may exist by providing or learning about characteristics or details which may be protected under the Fair Housing Act).
Mortgage lenders cannot refuse to make a mortgage loan, refuse to provide loan information, impose different interest rates, points or fees, discriminate when appraising a property, refuse to purchase a loan or set different terms or conditions for doing so. It is also illegal to refuse to provide homeowners insurance coverage or to discriminate in terms and conditions when providing a policy for a dwelling because of being a protected class.
It is illegal to discriminate against households that include children under the age of 18. This protection extends to pregnant women and individuals in the process of securing custody of a minor child. A landlord cannot impose stricter conditions on a family with children, limit which units are available to them, or refuse to rent to them. Housing providers are required to make reasonable accommodations in their rules, policies, or services when necessary for a person with a disability to have equal enjoyment of their home.
Each year thousands of “testers” are employed by HUD and sent out by various housing organizations to view for sale and rental properties to assess whether landlords, lenders and agents are treating protected classes differently.
If you feel that you’ve experienced discrimination or think your rights have been violated, then report directly to the HUD Regional Office. The highest number of complaints ever reported in a single year was in 2022 when they received 34,000 reports of violations.
If HUD's investigation finds reasonable cause to believe discrimination occurred, a formal Charge of Discrimination will be issued. From there, the case can be heard either by a HUD Administrative Law Judge or in Federal District Court. Remedies can include financial compensation for actual damages, injunctive relief, attorney fees, and civil penalties. You have the right to file a private civil lawsuit within two years of the alleged discrimination, even if you have already filed a complaint with HUD.
Nicole Foster is a real estate broker with over 20 years of experience helping buyers, sellers and investors in Southern Maine who loves real estate and people. Follow Nicole at @207nicolefoster or facebook.com/sellingmaine. <
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