Fair housing month
April is the first full month of spring. It is also a month celebrated by many organizations as "their" month. Since this is a column on real estate matters, we will focus on fair housing giving no insult to; Fresh Florida Tomato Month, Alcohol Awareness Month, National Food Month, National Garden Month and myriad others that claim April as their own.
After signing the Civil Rights Act in 1964, President Lyndon Johnson signed into law the Fair Housing Act in 1968. Many believe his stance on civil rights throughout his presidency may have cost him any chance at a further political career. As some will recall, the 1960s were a time where discrimination caused many to be denied housing either through the refusal to allow residency by landlords or sellers and by banks who had a different loan structure dependent upon race or religion.
Originally, the Act introduced meaningful federal enforcement mechanisms. It outlawed:
* Refusal to sell or rent a dwelling to any person because of race, color, religion, sex or national origin.
* Discrimination based on race, color, religion or national origin in the terms, conditions or privilege of the sale or rental of a dwelling.
* Advertising the sale or rental of a dwelling indicating preference of discrimination based on race, color, religion or national origin.
* Coercing, threatening, intimidating or interfering with a person's enjoyment or exercise of housing rights based on discriminatory reasons or retaliating against a person or organization that aids or encourages the exercise or enjoyment of fair housing rights.
Yet there were really no provisions within the Act for enforcement. Today, the first offense violation carries a $16,000 penalty which multiplies with repeat or multiple offenses.
The Fair Housing Act has become a living document with adjustments which reflect society's changing attitudes about physical or philosophical differences among people. The National Association of Realtors has influenced the Act, most recently by adding "sexual orientation" as a class to our Code of Ethics which the government has yet to adopt by making the same addition to the Fair Housing Act. Even so, the HUD.gov website states, "However, a lesbian, gay, bisexual, or transgender (LGBT) person's experience with sexual orientation or gender identity housing discrimination may still be covered by the Fair Housing Act."
Protections for elderly and people with disabilities have also been added since the origin of the Act and landlords can no longer enforce a "no pets" policy by excluding service animals. Neither can a property be offered to, or exclude families or group homes for those with disabilities. Under Idaho Code, any home with fewer than eight unrelated people is considered a single family residence.
Even though your neighborhood may have written special provisions in their Conditions Covenants and Restrictions (CCRs) prohibiting certain activities, if they affect a protected class of individuals your Homeowners Association may be sued to affect compliance with the Act.
The Department of Housing and Urban Development encourages those who feel they have been discriminated to file a complaint. Property owners and managers will be well suited to visit HUD.org to make sure they do not unwittingly discriminate and face a hefty fine.
Real estate agents too will be well served to study the law as a violation could cost them several commissions. The government employs "testers" who visit real estate firms under the guise of buyers to see if they are behaving within the scope of the Fair Housing Act. Just be fair and stay out of trouble.
Trust an expert...call a Realtor. Call your Realtor or visit www.cdarealtors.com to search properties on the Multiple Listing Service or to find a Realtor member who will represent your best interests.
Kim Cooper is a real estate broker and the spokesman for the Coeur d'Alene Association of Realtors. Kim and the association invite your feedback and input for this column. You may contact them by writing to the Coeur d'Alene Association of Realtors, 409 W. Neider, Coeur d'Alene, ID 83815 or by calling (208) 667-0664.