Discrimination Don’t Even Think About It

The U.S. Department of Justice and the U.S. Department of Housing and Urban Development are extremely serious about finding and prosecuting anyone engaged in discrimination in the sale or rental of housing in the United States. They send out individuals known as testers to discover whether sellers, landlords, or their Realtors refuse to show, accept offers, or negotiate the sale or rental of housing.

They also provide toll free reporting channels for individuals who believe they may have been discriminated against. Because of this, it is essential that every Realtor understand what acts and omissions are deemed to be violations of both federal and state anti discrimination laws and to avoid them.

A. The Prohibitions

1. Under United States and Florida Law

Under both the United States Fair Housing Act and the Florida Fair Housing Act, it is unlawful for any seller, landlord, real estate agent, mortgage lender, or advertising media to discriminate against any person in the sale, rental, financing, insuring, or advertising of any residence or vacant residential land based upon race, color, religion, sex including pregnancy, gender identity, and sexual orientation, age forty or older, disability, familial status, or national origin.

2. Under the National Association of Realtors and Florida Realtors Code of Ethics

Article 10 of the Code of Ethics and its Standards of Practice prohibit Realtors from discriminating against protected persons in the rendering of professional services, employment practices, providing neighborhood composition information, or through discriminatory advertising.

B. Examples of Prohibited Discriminatory Actions

It is unlawful, based upon a protected characteristic, to:

Deny or make dwellings unavailable.
Represent that a dwelling is unavailable when it is available.
Indicate that a dwelling has been sold or rented when it has not.
Refuse to negotiate a sale or rental.
Fail to consider a bona fide offer.
Delay or inaccurately communicate offers.
Refuse to sell or rent after a bona fide offer meeting stated requirements.
Indicate a discriminatory preference or limitation in listings or advertisements.
Engage in steering by directing or discouraging buyers or renters toward or away from certain areas.
Induce owners to sell or rent by suggesting demographic changes will create negative outcomes, commonly known as blockbusting.
Impose different prices, deposits, fees, terms, or conditions.
Use different qualification standards or application procedures.
Evict or foreclose for discriminatory reasons.
Limit access to services, facilities, or privileges.
Condition housing on sexual favors.
Publish or print expressly discriminatory advertisements.
Use coded language, symbols, or imagery to signal discriminatory intent.
Refuse to list or advertise properties on equal terms.
Select advertising media to deny housing information.
Refuse to deal with clients or other professionals because of protected status.
Communicate a seller or landlord’s discriminatory preferences within a brokerage.
Retaliate against individuals who refuse to participate in discrimination.

C. Exceptions to the Age Discrimination Prohibition

1. Housing for Persons 62 Years of Age or Older

All residents must be 62 years of age or older unless a resident or family member performs substantial management or maintenance duties.

2. Housing for Persons 55 Years of Age or Older

At least 80 percent of occupied units must have one occupant aged 55 or older.
The community must be governed by a common set of rules or restrictions.
The community must publish and consistently follow policies showing intent to house persons 55 or older.
Occupancy age verification must be performed at least every two years.

D. Enforcement and Penalties

Discrimination laws are enforced by federal and state agencies. Upon a finding of violation, the following penalties may apply:

Injunctions ordering immediate cessation of discriminatory conduct.
State and federal fines ranging from ten thousand dollars to fifty five thousand dollars per infraction.
Monetary judgments awarded to victims including attorney fees and costs.
Criminal penalties including imprisonment and fines for falsifying or destroying records.
Additional criminal penalties including imprisonment up to life if bodily injury or death results.