When it comes to Miranda laws, you have a right to remain silent. But when buying or selling a home, silence is not golden.
From prospective buyers, and homeowners looking to refinance, to heirs getting the family’s property appraised, knowing your rights will give you peace of mind and decrease the anxiety that comes with homeownership.
Everyone has the right to live in housing that is free from discrimination, and federal and local governments are poised to protect homeowners when all signs point to housing discrimination.
The Equal Rights Center, a watchdog organization that identifies discrimination in housing, employment, and public accommodations in the DMV and nationwide, says signs of housing discrimination when paired with a realtor or meeting with a lender can including the following:
- “A realtor only shows you homes in certain neighborhoods, even though you expressed an interest in other neighborhoods within your budget.
- A bank or mortgage broker steers you to a particular loan product—for example, an FHA loan—without knowing your financial qualifications.
- A bank or mortgage broker denies your loan application or offers you less favorable terms because you are on or about to take maternity leave.
- A realtor, bank, or mortgage broker provides you with bad customer service—for example, they ignore you or send repeated requests for the same information.
- A real estate agent, lender, or insurance company tells you that they simply do not sell, lend, or insure houses in the neighborhood where you’re interested in living.”
When it comes to lending, people of color are more likely to get worse terms, higher interest rates, and varied information about conventional loans, according to Fannie Mae Advisor, Tamara Newman. Client choices may be restricted by real estate agents based on assumptions, so be assertive and be ready to call out your agent or call on an advocate.
Another prospect to watch for is appraisal discrimination, which is when a Black homeowner’s property is categorically undervalued because it is either located in a Black neighborhood, owned by a Black person, or is thought to be owned by a Black person based on the home’s decor, like photographs and art. This type of discrimination is recognized by the FHA and it has established a hotline for homeowners to report this illegal tactic, according to HUD Assistant Secretary and FHA Commissioner Julia Gordon.
“Appraisal bias has been a problem for as long as there’s been a housing market,” she told The Washington Informer. “We know that even after redlining was declared illegal by the Supreme Court, the appraisal industry for many years–and up through this day–often values homes lower if they are in a community of color.”
As a result the Interagency Task Force on Property Appraisal and Valuation Equity (PAVE) was created in 2021 to combat bias in home appraisals which is made up of 13 federal agencies and offices.
President Lyndon Johnson signed the Civil Rights Act of 1968, seven days following the assassination of Rev. Dr. Martin Luther King, Jr. The legislation expanded on the Civil Rights Act of 1964 and Title VIII of the Act is known as the Fair Housing Act of 1968 which protects people from discrimination related to the sale, rental, and financing of housing based on seven federally protected classes: race, color, national origin, religion, sex (including gender identity and sexual orientation), familial status, and disability.
In addition to those seven classes, in Washington, D.C., it is illegal to discriminate based on: age, marital status, sexual orientation, gender identity and expression, source of income, status as a victim of domestic violence, sexual assault, or stalking, family responsibilities, political affiliation, personal appearance, matriculation, place of residence or business, sealed eviction record, or homeless status.
In Maryland, additional protections include: marital status, sexual orientation, gender identity, source of income.
Fair housing laws prohibit the following activities in relation to housing-related transactions:
- Refusing to rent or sell on the basis of someone’s membership in a protected class, including refusing to rent to an applicant because they use a housing voucher.
- Applying discriminatory terms and conditions on the basis of someone’s membership in a protected class, like when a larger security deposit is required because a family has children.
- Advertising a discriminatory preference, including posting “perfect apartment for a mature couple.”
- Misrepresenting availability on the basis of someone’s membership in a protected class, including telling a Black prospective tenant that there are no apartments available, but telling a white prospective tenant that there is availability.
- Blockbusting which refers to how real estate professionals would play on White homeowners’ racist fears by telling them that Black residents would soon be moving into the neighborhood in order to pressure White homeowners to sell their homes for below market value.
- Steering, which is when a housing provider guides a prospective tenant or buyer toward or away from certain neighborhoods or homes based on their membership in a protected class.
- Harassment, threats, intimidation, or coercion.
- Retaliation including trying to evict a tenant for filing a housing discrimination complaint against the landlord.
- Any other conduct which makes unavailable or denies dwellings like not providing a tenant with accessible parking or reasonable accommodation or modification.
If you think you may be experiencing a form of housing discrimination, contact the following:
FHA Housing Discrimination Hotline
(800) 669-9777
Equal Rights Center
Report your experience at (202) 234-3062 or email info@equalrightscenter.org.
District of Columbia’s Office on Human Rights
Fill out a complaint form online ohr.dc.gov] and submit to OHR.Intake@DC.Gov, via fax (202) 727-9589 or deliver the completed form and deliver in person or mail to 441 4th Street NW, Suite 570N, Washington, DC.
Maryland Commision on Civil Rights
Fill out a form online mccr.maryland.gov and mail to mccr@maryland.gov, print the form and fax it to 410.333.1841 or, print the form and mail it to Maryland Commission on Civil Rights William Donald Schaefer Tower, 6 St. Paul Street, Suite 900, Baltimore, Maryland 21202-1631.