NON-DISCRIMINATION and FAIR HOUSING

​No person shall be discriminated against based on sex, race, age, disability, color, creed, religion, sexual orientation, national origin, familial status or any other protected class.  The Company policy prohibits discrimination in either hiring or firing of personnel based on sex, race, age, disability, color, creed, religion, sexual orientation, national origin, familial status or any other protected class. 
 
RE/MAX Around Atlanta believes that fair housing policies are not just the law of the land but simply the right thing to do.  The Company maintains a strong policy upholding all federal and state fair housing laws and Article 10 of the REALTOR Code of Ethics, including review and adherence to NAR’s Fair Housing Declaration.  Associates agree to comply with all applicable federal, state and local fair housing laws.  Among the prohibited practices which are against this policy and the law are:

• Refusing to show, sell, rent, represent or assist based on a person being a member of a protected class.
• Different treatment/disparate treatment to persons of a protected class.
• Steering:  A person shall not encourage or discourage another from moving into any area because of the race, color, religion, sex, handicap, marital status, familial status, national origin, ancestry, age, sexual orientation, gender identity, or any order of protection status.
• Discriminatory advertising that “expresses” a preference for buyers or tenants of a particular race, color, religion, sex, handicap, marital status, familial status, national origin, ancestry, age, sexual orientation, pregnancy, gender identity, or order of protection status.
• Harassment (i.e., coercion, intimidation, threats or interference with a person’s fair housing rights or because a party is abiding by fair housing law).
• Applying more burdensome criteria to applicants of protected classes.
• Blockbusting/Panic Peddling:  A person is prohibited from inducing or attempting to induce another to sell or rent a property by making any express or implied representations regarding the entry or prospective entry into a neighborhood of a person or persons of any particular race, color, religion, sex, handicap, national origin, ancestry, age, marital status, familial status, physical or mental disability, sexual orientation, pregnancy, gender identity or any other protected class.  The parties agree to comply with all applicable federal, state and local fair housing laws.

 
Violating the FHA could get you into serious legal trouble and cost you thousands of dollars. Here are some common fair housing mistakes you’ll also want to be aware of:

• Creating rules that treat renters with children differently than renters without children. A rule such as “Children may not ride bicycles on the property” is discriminatory if other residents of the property are permitted to ride bicycles on the property.  This policy is only permissible if everyone is prohibited from riding bicycles on the property.  
• Asking a prospective tenant how many children they have or if they are expecting. This question is discriminatory, as familial status is protected by the FHA.
• Failing to maintain and retain proper documentation of a prospective tenant’s application process. If a prospective tenant accuses you of discrimination, HUD may request all documentation including rent offered, apartments shown, specials, deposits, and fees. If you are unable to supply this documentation, there is a presumption that discrimination against the applicant did occur.
• Declining a rental application for any reason other than the prospective resident not meeting your stated qualification criteria. Your guidelines should be clear, visible, and impartial.
• Denying a disabled resident’s request for an assigned parking spot or refusing to install grab bars in the bathroom. Under the Fair Housing Act, you must make reasonable accommodations, defined as a “change, exception, or adjustment to a rule, policy, practice or service that may be necessary for a person with disabilities” to be able to use and enjoy a dwelling, including public and common use spaces.
• Evicting a hoarder. Hoarding is a disorder, and as such, hoarders are entitled to protections under the Fair Housing Act as people with other mental or physical disabilities.
• Failing to establish a clear maintenance response policy. A common complaint to fair housing is about maintenance requests not being handled properly and/or timely for all residents. Provide basic FHA training to your maintenance team. Create uniform policies to handle requests for maintenance. Document all requests for repairs and keep thorough records of work requests and maintenance actions taken.
• Associates should be aware that persons with AIDS are considered handicapped and "familial status" means families with children under the age of 18 years, an individual who is pregnant or an individual in the process of obtaining legal custody of a person under the age of 18 years. \

 
If in Doubt:

• DO NOT USE ethnic references (Black, Caucasian/White, Asian, American Indian, etc.)
• DO NOT USE nationalities (Chinese, African, German, Italian, etc.)
• DO NOT USE religious references (near temple, mosque, church, Christian, Muslim, Catholic, etc.)
• DO NOT USE sex, gender or sexual orientation (male, female, transgender, homosexual, gay, etc.)

 
Should an Associate be accused of discrimination, the Broker will investigate.  If the investigation confirms the accusation, the Associate’s actions will be reported to the Georgia Real Estate Commission for further investigation and necessary action.  A basic premise to which the Company and its Associates subscribe is that individuals with similar financial resources and interests in the same housing market area have a like range of housing choices available to them regardless of their race, color, religion, sex, handicap, national origin, ancestry, age, marital status, familial status, physical or mental disability, sexual orientation, pregnancy, gender identity or any other protected class, and that information and service will be made available to enable all clients and customers of our Company to have free choice in housing opportunities. 
 
A landlord could face large fines if they are found guilty of a violation. Cases tried before a HUD Administrative Law Judge could result in penalties of up to $21,000 for a first violation. For subsequent violations, the fine increases up to a maximum penalty of $105,194. In addition to the administrative penalties, you may also be liable for paying damages and attorney’s fees to someone who has experienced housing discrimination.