Who Distributes The Equal Opportunity Posters To Real Estate Offices
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Some of the duties to clients outlined in the Code include:
Protecting and promoting the interests of the client Avoiding exaggeration, misrepresentation and the concealment of pertinent facts Cooperating with other brokers Informing sellers or purchasers of the licensee's interest in a property Accepting commissions Handling trust funds
Some of the duties to the public outlined in the Code include:
Providing equal, non-discriminatory services to all persons,Refraining from providing professional services outside the licensee's field of expertise Being truthful and clear in advertising Avoiding activities that might constitute the practice of law Refraining from false or misleading statements about competitors
A broker should take these steps to ensure compliance with fair housing laws.
Follow the suggestion of the National Association of REALTORS® and post a sign which states it is against company policy as well as state and federal laws to offer any information on the racial, ethnic, or religious make-up of a neighborhood or to restrict the listing, showing, or giving of information on the availability of homes for any of those reasons. Prominently display in all offices the Equal Opportunity Poster that the Department of Housing and Urban Development (HUD) distributes. Maintain the concept of fair housing in all forms of advertising. Provide ongoing training and education to all affiliated licensees by holding seminars and workshops, watching videos and bringing in guest speakers. Appropriate training is also available through NAR, state and local boards and real estate schools.
Brokers should also do the following.
Report blatant misconduct by other licensees. This can prove to be a very uncomfortable situation for a managing broker, but when violations are obvious, the behavior should be reported to the proper authority. Put a system in place to monitor the activities of all affiliated licensees with regard to fair housing compliance. Ask licensees to keep records of all prospects, their qualifying information and the prospects reactions to the property they were shown. Review the records periodically to help identify any situations where the licensee may be in violation of fair housing issues. Include a Fair Housing Policy for their office in the Policy and Procedures Manual.
Licensees share in the responsibility of complying with fair housing laws. Licensees should:
Know the fair housing laws and their responsibilities for compliance. Act in accordance with the law at all times. Learn to keep clear and accurate records. Attend fair housing training seminars periodically. Know the resources to use if misconduct needs to be reported.
Why is it important for the agent to know the law?
its the law, it reduces risk, its right
Who can an aggrieved person complain to?
An aggrieved person may complain directly to a U.S. District Court within one year of the alleged discriminatory practice, whether or not a verified complaint has been filed with the Secretary of HUD.
What ethical standards guide real estate professionals and what are the three sources for the information incorporated into this guide?
The Code of Ethics and Standards of Practice set forth by NAR has used federal and state laws which focus on anti-discrimination laws and fair trade practices, state real estate licensing regulation dealing with agency issues and disclosures, and self-regulation by real estate associations that set standards for professional conduct.
Identify two duties to clients set forth in the Code.
Avoiding exaggeration, misrepresentation and the concealment of pertinent facts Informing sellers or purchasers of the licensee's interest in a property
List two steps a managing broker should take to ensure compliance with fair housing laws.
Prominently display in all offices the Equal Opportunity Poster that HUD distributes.Provide ongoing training and education to all affiliated licensees by holding seminars and workshops, watching videos and bringing in guest speakers.
List the five responsibilities licensees have in complying with fair housing laws.
1. Know fair housing laws and responsibilities for compliance 2. Act in accordance with the law at all times 3. Learn to keep clear and accurate records 4. Attend fair housing training periodically 5. Know resources to use if misconduct needs to be reported
Civil Rights amendments made after the act of 1964
1968- Fair Housing, added sex in 1974, added handicap and family status in 1988
Civil Rights act of 1964
Prohibits discrimination by agencys that get federal money against people of color, religion, national origin
Based on these laws, the list of protected classes of the Federal Fair Housing Act are:
Race, Religion, Color, National origin, Sex, Handicap, Familial status
concilliation
HUD can attempt to resolve the complaint by getting assurance from the person against whom the complaint was filed that he or she will remedy the alleged violation.
What is significant about the Fair Housing Amendments Act of 1988?
It added handicap and familial status to the list of protected classes.
Describe the exemption that exists for familial status discrimination.
Housing for older persons is exempt if one of the following conditions is exists.The HUD Secretary has determined that it is specifically designed for and occupied by elderly persons under a Federal, State or local government program. It is occupied solely by persons who are 62 or older. It houses at least one person who is 55 or older in at least 80 percent of the occupied units, and adheres to a policy that demonstrates the intent to house persons who are 55 or older.
Alex Jones owns a duplex and lives in one unit. He refuses to rent the other unit to families with children. What would you say about Alex's actions?
Alex is within the guidelines of the Fair Housing Act since he is the owner of a dwelling that has less than four units, one of which is owner-occupied.
If a person feels like he or she has been discriminated against, how long does that person have to file a complaint?
With HUD - within one year of the alleged act In state or federal court - within two years of the alleged act
Discriminatory activities in real estate include:
Refusing to sell, rent or negotiate with any person who is a member of a protected class Changing terms, conditions or services for different individuals as a means of discrimination Stating or advertising that the property is restricted Telling persons that a property is not for sale or rent when it is Denying membership in any multiple listing service (MLS) or any broker's organization Using discriminatory advertising
Discrimination in Mortgage Lending
These practices are also considered discriminatory. Refusing to give a loan Refusing to provide loan information Giving different terms for loans, such as interest rates or fees Discriminating when doing a property appraisal Refusing to purchase a loan Setting different conditions for a loan purchase
Blockbusting, panic selling, or panic peddling
Making a profit by inducing owners to sell by telling them that persons of a protected class are moving into the neighborhood which will have detrimental results, such as the lowering of the property values, an increase in criminal behavior or a decline in the quality of the schools in the area.
Steering
Channeling homebuyers toward or away from homes in certain neighborhoods in order to preserve or alter the makeup of that neighborhood. Some examples of steering would be showing a white couple properties in areas that are occupied only by other whites or showing African-American buyers homes that are in integrated areas or areas occupied only by African Americans.
Redlining -
Restricting the number of loans in certain areas of a community because of its racial or ethnic makeup. The usual justification for redlining is that the lender wants to limit the risks in a deteriorating area. The lender then discriminates against the whole class of risks rather than distinguishing among the individual risks.
filtering down
lenders should offer homes to low income families once upper income fams move out to make sure the community stays alive
Discriminatory advertising
is defined as advertising that indicates a preference, limitation or discrimination based on race, color, religion, handicap, sex, familial status or national origin.
Why is it important for licensees to understand the Americans with Disabilities Act?
Brokers need to evaluate whether they need to make physical changes to their office space to comply with the law. Licensees should inform their commercial and investor clients of the need to have their leases professionally evaluated and their offices inspected for compliance.
List three activities that are considered discriminatory in real estate. (See page 23 for other correct answers.)
Refusing to sell, rent or negotiate with any person who is a member of a protected class Telling persons that a property is not for sale or rent when it is Denying membership in any multiple listing service (MLS) or any broker's organization
Which of the following action is an example of discrimination in mortgage lending?
Discriminating when doing a property appraisal
The formal Code of Ethics and Standards of Practice set forth by NAR calls for professionals specifically to observe
the Golden Rule
If a person believes he or she has been discriminated against, how long does he or she have to file a HUD complaint?
1 year
Ethics
tends to deal with what is right
All real estate offices
should include a fair housing policy in their policy and procedures manual.
What should be prominently displayed in every real estate office?
the equal opportunity poster
What are the three keys to good ethical practices?
trustworthiness, honesty, competence
What happens when a conciliation agreement is signed after a discrimination complaint has been received by HUD?
HUD takes no further action
Which of these is not an exemption to fair housing law?
The sale of a single-family home by an owner who owns five residences
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