DEED AND PROPERTY COVENANTS 						BACK TO HOME PAGE
OR RESTRICTIONS OF RECORD 

During the history of our country, some persons have 
placed restrictions on property based on race, color, religion, 
sex, handicap, familial status, or national origin. 
Generally, these restrictions are void and unenforceable, 
with limited exceptions for particular types of religious 
housing and qualified housing for older persons. The publication 
of these void restrictions may convey a message 
that the restrictions continue to be valid. Any time a sales 
associate or broker is asked to provide a copy of the 
covenants or restrictions of record relating to the use of 
a property the following message should be included: 

These documents may contain restrictions or covenants 
based on race, color, religion, sex, handicap, familial status, or 
national origin. Such restrictions or covenants generally are 
void and unenforceable as violations of fair housing laws. 

Be assured that all property is marketed and made available 
without discrimination based on race, color, religion, sex, handicap, 
familial status, or national origin. Should you have any questions 
regarding such restrictions, please contact your attorney. 

THE EQUAL OPPORTUNITY PROGRAM 

The NATIONAL ASSOCIATION OF REALTORS® has 
developed a Fair Housing Program to provide resources 
and guidance to REALTORS® in ensuring equal professional 
services for all people. 

The Code of Ethics 

Article 10 of the NATIONAL ASSOCIATION OF 
REALTORS® Code of Ethics requires that “REALTORS® 
shall not deny equal professional services to any person 
for reasons of race, color, religion, sex, handicap, familial 
status, or national origin. REALTORS® shall not be a party 
to any plan or agreement to discriminate against a person 

or persons on the basis of race, color, religion, sex, handicap, 
familial status, or national origin. REALTORS®, in their real 
estate employment practices, shall not discriminate against 
any person or persons on the basis of race, color, religion, 
sex, handicap, familial status or national origin.” 

A REALTOR® pledges to conduct business in keeping with 
the spirit and letter of the Code of Ethics. Article 10 imposes 
obligations upon REALTORS® and is also a firm statement 
of support for equal opportunity in housing. 

FURTHER ASSISTANCE 

Local Boards of REALTORS® will accept complaints alleging 		BACK TO HOME PAGE
violations of the Code of Ethics filed by a home seeker 
who alleges discriminatory treatment by a REALTOR® in the 
availability, purchase or rental of housing. Local Boards 
of REALTORS® have a responsibility to enforce the Code 
of Ethics through professional standards procedures and 
corrective action in cases where a violation of the Code 
of Ethics is proven to have occurred. 

Complaints alleging discrimination in housing may be 
filed with the nearest office of the Department of Housing 
and Urban Development (HUD), or by calling HUD’s 
Discrimination Hotline at 1-800-669-9777, 1-800-927-9275 
(TDD). For information and publications on fair housing, 
call HUD’s Customer Service Center at 1-800-767-7468. 
Contact HUD on the Internet at http://www.hud.gov/ and 
select the Fair Housing section. 

© 2009 NATIONAL ASSOCIATION OF REALTORS® Item # 166-799 
All rights reserved. (04/09 MC) 

What Everyone Should 
Know About Equal 
Opportunity in Housing 

The sale or purchase of a home is one of the most significant 
events that people will experience in their lifetimes. 
It is more than the simple purchase of housing, for it 
includes the hopes, dreams, aspirations, and economic 
destiny of those involved. 

THE LAW 

Civil Rights Act of 1866 

The Civil Rights Act of 1866 prohibits all racial discrimination 
in the sale or rental of property. 

Fair Housing Act 

The Fair Housing Act declares a national policy of fair housing 
throughout the United States. The law makes illegal any 
discrimination in the sale, lease or rental of housing, or making 
housing otherwise unavailable, because of race, color, 
religion, sex, handicap, familial status, or national origin. 

Americans with Disabilities Act 

Title III of the Americans with Disabilities Act prohibits discrimination 
against persons with disabilities in places of public 
accommodation and commercial facilities. 

Equal Credit Opportunity Act 							BACK TO HOME PAGE

The Equal Credit Opportunity Act makes discrimination unlawful 
with respect to any aspect of a credit application on 
the basis of race, color, religion, national origin, sex, marital 
status, age or because all or part of the applicant’s income 
derives from any public assistance program. 

State and Local Laws 

State and local laws often provide broader coverage and 
prohibit discrimination based on additional classes not covered 
by federal law. 

THE RESPONSIBILITIES 

The home seller, the home seeker, and the real estate professional 
all have rights and responsibilities under the law. 

For the Home Seller 

You should know that as a home seller or landlord you have 
a responsibility and a requirement under the law not to discriminate 
in the sale, rental and financing of property on the 
basis of race, color, religion, sex, handicap, familial status, or 
national origin. You may not instruct the licensed broker or 
salesperson acting as your agent to convey for you any 
limitations in the sale or rental, because the real estate professional 
is also bound by law not to discriminate. Under the 
law, a seller or landlord cannot: (1) establish discriminatory 
terms or conditions in the purchase or rental of housing; 

(2) advertise a preference for certain buyers or tenants 
because of their race, color, religion, sex, handicap, familial 
status, or national origin; or (3) misrepresent that housing 
is unavailable to persons who are members of these protected 
classes. 
For the Home Seeker 

You have the right to expect that housing will be available to 
you without discrimination or other limitations based on race, 
color, religion, sex, handicap, familial status, or national origin. 

This includes the right to expect: 

•housing in your price range made available to you 
without discrimination 
•equal professional service 
•the opportunity to consider a broad range of housing 
choices 
•no discriminatory limitations on communities or 
locations of housing 
•no discrimination in the financing, appraising or insuring 
of housing 
•reasonable accommodations in rules, practices and 
procedures for persons with disabilities 
•non-discriminatory terms and conditions for the 
sale, rental, financing, or insuring of a dwelling 
•to be free from harassment or intimidation for exercising 
your fair housing rights 
For the Real Estate Professional 

As a home seller or home seeker, you should know that 
the term REALTOR® identifies a licensed professional in 
real estate who is a member of the NATIONAL ASSOCIATION 
OF REALTORS®. Not all licensed real estate 
brokers and salespersons are members of the National 
Association, and only those who are can identify themselves 
as REALTORS®. They conduct their business and 
activities in accordance with a strict Code of Ethics. As 
agents in a real estate transaction, licensed brokers 
or salespersons are prohibited by law from discriminating 
on the basis of race, color, religion, sex, handicap, 				BACK TO HOME PAGE
familial status, or national origin. A request from the home 
seller or landlord to act in a discriminatory manner in the 
sale, lease or rental cannot legally be fulfilled by the real 
estate professional.