Knowing the nation’s fair housing laws

Every property owner and real estate professional needs to have a basic understanding of the federal Fair Housing Act. Tenants and buyers should, too.

Q: I have lived for the past 25 years in a neighborhood that’s nearly all-white. I recently retired and now have my home up for sale, but the only decent offer I have received is from a black couple. I don’t really want to sell to them because I honestly feel they wouldn’t feel comfortable in the area, and I think my longtime neighbors would never speak to me again if I sold to a black couple just to get the best possible price. What can I do?

A: First, it’s not up to you to determine whether the black buyers would “feel comfortable” in the all-white neighborhood – that’s their decision. And second, if your longtime neighbors would no longer speak to you for selling to a black couple, they’re probably not the type of “friends” that you need anyway.

More important, refusing the prospective buyers’ offer based solely on their race or color would violate their rights under the federal Fair Housing Act. As a result, you would open yourself up to possible lawsuits by the buyers, any sales agents involved in the proposed deal and the federal government itself. You also could face stiff fines and even a possible jail term.

Q: What should I do if I think I am the victim of housing discrimination?

A: Start by calling your local fair-housing agency. Officials there can tell you whether you have a case, and can usually launch a formal investigation if it appears that you do.

Also contact the U.S. Office of Fair Housing and Equal Opportunity, the federal agency that administers and enforces fair-housing laws. You can file a complaint by using its toll-free phone number, (800) 669-9777, or do it online by visiting www.hud .gov and clicking the “fair housing” link on the left-hand side of its home page.

Q: How can I avoid violating the Fair Housing Act?

A: All buyers, sellers, agents and landlords should familiarize themselves with the requirements of the federal law, as well as state and local fair-housing rules.

HUD’s Web site provides all the details about the federal statutes.

Landlords and sales agents should also join their state and local trade associations. Most of these groups provide ongoing fair-housing workshops, and many have in-house lawyers who offer free or low-cost legal advice to members.

Nearly all of the trade groups also provide lease agreements and other documents that are updated frequently to comply with changes in the law. Using up-to-date forms is important, because many of the older ones contain language that courts have determined violate the nation’s fair-housing statutes.