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SERVINGTHE ENTIRE IOWA AND ILLINOIS QUAD CITIES
DAVENPORT - BETTENDORF- ROCK ISLAND - MOLINE AND SURROUNDING COMMUNITIES
901 EKIMBERLY ROAD - OLD TOWN VILLAGE SHOPPING CENTER - DavenportWHETHER BUYING OR SELLING - CALL US AT 563-388-0008
PRESENTSFAIR HOUSING
FAIRHOUSING LAWS
Fair Housing means thatevery person has the same opportunities to purchase, lease oroccupy residential real property. To insure this end, the FederalGovernment protects all people from discriminatory treatmentbased on race, color, religion, sex, handicap, familial statusand national origin. This means that no one can refuse to show,sell or rent a property, treat someone different, encourage panicselling or blockbusting, use steering, discriminatory advertisingor statements, threats or otherwise interfere with any person'sfair housing rights.
As a buyer, you shouldbe treated equally and fairly by anyone involved in your homepurchase. Whether you are buying a $20,000 home or a $1,000,000home, you deserve the same level of attention, professionalismand fairness. You deserve to be made aware of all the homes inthe market in your price range. To be given accurate informationand to see the homes and areas you select to see. Your onlyconcerns you should have are the price you pay for your propertyyou choose and the monthly investment you will have to make. Youshould be educated to all the market so that you can make a wisedecision as to which is the best home that will meet your needs.
The Fair Housing Actmakes it illegal for anyone to discriminate against you underFederal law if you fall into one of the protected classes. TheCivil Rights act of 1866 specifically guaranteed that all U SCitizens have the right to inherit, purchase, lease, sell, holdand convey real and personal property as enjoyed by whitepersons. In 1896, separate but equal was established as law, butin 1954 this was overturned by Brown v Topeka Board of Education.Title VIII of the 1968 Civil Rights Act specifically prohibiteddiscrimination in housing and was the beginning of a verycomprehensive body of statutes governing private and publichousing in the United States. This was modified to add sexualdiscrimination protection in 1974 and in 1988 handicap andfamilial status were added as protected classes. Many states andmunicipalities have added other protected classes to the Federalminimum mandates. State or local laws may include militaryservice, military discharge, age, sexual preference, source ofincome and other prohibitions against discrimination.
No one can discriminateon the basis of color, race or national origin. There are a fewexceptions under the law. For Sale by Owners can be exempted ifthey do not own or have ownership interest in more than threesingle family houses at any one time. The house to be sold orrented must be without a Real Estate agent, broker, or any otherperson in the business of selling or renting dwellings. The ownerdoes not reside in the property at the time of the sale or wasnot the most recent resident prior to the sale. It also requiresthe owner to only sell one such property within any 24 monthperiod. The house must be sold or rented without the use of anydiscriminatory language or advertising. If the property is owneroccupied, and leasing space, they may discriminate as long asthey have four or fewer units and use no discriminatory languageor advertising.
There are a few otherexceptions. Religious organizations, private clubs haveexemptions under the fair housing laws. Religious organizationsand private clubs that own dwellings may restrict purchase,leasing or occupancy to their religion or members of their club.Exempt dwellings may not be used for commercial purposes.Religious membership can not be restricted because of race, coloror national origin. Elderly only communities can restrict by age.This goes for senior housing that is provided under federal orstate programs. It also covers housing intended for only personsover the age of 62. Housing designated for persons over the ageof 55 can also be exempted if at least 80 percent of the occupiedunits has at least one person over the age of 55. The communitymust also demonstrate their intent to be housing for people overthe age of 55 by published policies and setting procedures thatshow this intent. The housing facility must also conform with HUDregulations for the verification of occupancy. Advertising mustavoid "adult" and other personal descriptions. Senioror senior housing is allowed.
Any time an agent orbroker is used to market a property, the seller is not allowed todiscriminate against any of the protected not exempted classes.To do so opens the seller, agent and brokerage to a law suite andthe suite can be brought by anyone, including government testers.
The Fair Housing Actapplies to all residential property and vacant land that can beused for housing. Condominiums, cooperatives and houses inhomeowner associations are covered the the law. All housingassociations are subject to the law. Violations can cause acomplaint to be placed with HUD.
In short, You have theright to be treated equal, to be allowed to see the entiremarket, to receive equal attention and service, and to buy thehome you like the best of those available in today'smarket.available.
If renting, The FairHousing Act does not protect you from rules against pets,smoking, using illegal drugs, or being a danger to property orother persons. Whether renting or buying, it does protect youfrom being prevented from the same opportunities to acquirehousing as any other person.