As this year’s Pride Month draws to a close, it is important to highlight the issue of fair housing for the LGBTQ+ community, and the many resources that exist to combat sex or gender-based discrimination in the home-buying process. We at Jameson Sotheby’s International Realty believe that everyone deserves a fair and respectful treatment in any real estate interaction, which is why we are highlighting the real estate ethics principles that serve to combat discrimination and unfair treatment in our communities.

The United States Fair Housing Act

On April 11, 1968, President Lyndon Johnson signed the Civil Rights Act of 1968, which was meant as a follow-up to the Civil Rights Act of 1964. The 1968 Act expanded on previous acts and prohibited discrimination concerning the sale, rental, and financing of housing based on race, religion, national origin, sex, (and as amended) handicap and family status. Title VIII of the Act is also known as the Fair Housing Act (of 1968).

The Fair Housing Act protects people from discrimination when they are renting or buying a home, getting a mortgage, seeking housing assistance, or engaging in other housing-related activities. It accomplishes this by prohibiting discrimination in housing because of any of the following: race, color, national origin, religion, sex (including gender identity and sexual orientation), familial status, or disability.

The Fair Housing Act covers most forms of housing. In very limited circumstances, the Act exempts owner-occupied buildings with no more than four units, single-family houses sold or rented by the owner without the use of an agent, and housing operated by religious organizations and private clubs that limit occupancy to members.

Under the Fair Housing Act, it is illegal to refuse to rent or sell housing, to make housing unavailable, to advertise any preference, limitation or discrimination in who purchases or rents the dwelling, to alter the terms of the transaction, to impose differing charges or fees for the transaction, or to use different qualification criteria or require different application requirements for a transaction based on the characteristics outlined above. It is also illegal to use these factors as the basis to harass a person, to evict a tenant, to fail to provide required maintenance on the property, to assign a person to a particular building or neighborhood or section of a building or neighborhood, to deny access to a MLS or real estate brokers’ organization, or to engage in what is known as “blockbusting”, or persuading homeowners to sell their homes by suggesting that a person of one or more of the above protected characteristics is about to move into the neighborhood. These prohibitions also apply to discriminatory practices in mortgage lending and to retaliatory behavior against someone who has filed a fair housing complaint or assisted in a fair housing investigation.

To find more information or to file a fair housing complaint, visit the Office of Fair Housing and Economic Opportunity below:

The Illinois Human Rights Act

The Illinois Human Rights Act prohibits discrimination in all aspects of real estate transactions, including renting or leasing, home sales, mortgage lending and insurance, advertising, practices such as restrictive covenants, and new construction. The law also prohibits aiding and abetting unlawful discrimination, intimidation and interference in the exercise or enjoyment of an individual’s fair housing rights, and retaliation against an individual for opposing what they reasonably believe is unlawful discrimination.

The Fair Housing provisions of the Illinois Human Rights Act apply to landlords, owners, property management companies, real estate agents, home sellers, builders, appraisers, mortgage lenders (banks and loan brokers), third-party loan modification service providers and any other person engaged in a real estate transaction.

The Illinois Department of Human Rights (IDHR), first created by the Illinois Human Rights Act, serves to provide up-to-date information about anti-discrimination laws as well as investigate and prosecute violations of the Illinois Human Rights Act. For more information about the Act as well as resources for filing a complaint with the IDHR, visit their website below.

The IDHR has also created a specialized webinar that outlines the housing rights of LGBTQ+ persons, as well as how landlords, real estate agents, property management companies, and other entities can best follow the Illinois Human Rights Act in the case of LGBTQ+ persons.

Fair Housing and the National Association of REALTORS®

Real estate agents have a special responsibility to the ethics of their profession, and this applies uniquely to the issue of fair housing. All real estate agents have a duty to uphold the REALTOR® Code of Ethics, which outlines their obligation to adequately represent clients, to uphold the legal standards for conducting real estate transactions, and to ensure that housing is distributed in a fair and non-discriminatory manner. Article 10 of the REALTOR® Code of Ethics outlines the specific responsibility of realtors to avoid discrimination in the housing process for reasons of race, color, religion, sex, disability, familial status, national origin, sexual orientation, or gender identity.

National Real Estate Ethics Day, held yearly on June 29th, gives all realtors the chance to re-familiarize themselves with the code of ethics and learn how best to represent their clients fairly with each transaction. Learn more about National Real Estate Ethics Day below:

Additionally, the National Association of REALTORS® champions an initiative called the Fair Housing Action Plan or ACT! that advocates for accountability, delivers innovative training to REALTORS®, and promotes culture change to serve an increasingly diverse nation. NAR provides resources to members, brokerages, and associations to implement ACT! locally. More information about this initiative can be found below:

Championing and fighting for the rights of our LGBTQ+ community members doesn’t end in the month of June. We encourage you to stay informed about the continued push to end discrimination in our communities, and to do your part in working towards fair housing for all.

From all of us at Jameson Sotheby’s International Realty, happy Pride Month!