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Fair Housing - John Bradbury - John P. Bradbury

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Law Office of <strong>John</strong> P. <strong>Bradbury</strong> PLLCFive Penn Plaza, 23rd Floor(212) 697-3529New York Real Estate Lawyerswww.NYRELAW.com(212) NYRELAWLaw Office of <strong>John</strong> P. <strong>Bradbury</strong> PLLCFive Penn Plaza, 23rd Floor(212) 697-3529New York Real Estate Lawyerswww.NYRELAW.com(212) NYRELAWIMPLICATIONS FOR BROKERSAND SALESPERSONS TESTERSCourts have held that the practice of using testers ispermissible as the only way to test compliance with thefair housing laws that are of such importance toAmerican society.IMPLICATIONS FOR BROKERSAND SALESPERSONS When a broker is charged with discrimination, it is nodefense that the offense was unintentional or thebroker did not know the law. Citing past service tomembers of the same minority group is of little value.The agent's best course is to study fair housing law,develop sensitivity, and follow routine practices toreduce the danger of unintentionally hurting anymember of the public.Law Office of <strong>John</strong> P. <strong>Bradbury</strong> PLLCFive Penn Plaza, 23rd Floor(212) 697-3529New York Real Estate Lawyerswww.NYRELAW.com(212) NYRELAWLaw Office of <strong>John</strong> P. <strong>Bradbury</strong> PLLCFive Penn Plaza, 23rd Floor(212) 697-3529New York Real Estate Lawyerswww.NYRELAW.com(212) NYRELAWIMPLICATIONS FOR BROKERSAND SALESPERSONS These practices include careful record keeping foreach customer: financial analysis, propertiessuggested, houses shown, check-back phone calls.Using a standard form for all qualifying interviews isessential.IMPLICATIONS FOR BROKERSAND SALESPERSONS Special care should be taken to be on time forappointments and to follow through on returning allphone calls. Besides helping to avoid human rightsviolations, these practices are simply good businessand should result in increased sales.Law Office of <strong>John</strong> P. <strong>Bradbury</strong> PLLCFive Penn Plaza, 23rd Floor(212) 697-3529New York Real Estate Lawyerswww.NYRELAW.com(212) NYRELAWLaw Office of <strong>John</strong> P. <strong>Bradbury</strong> PLLCFive Penn Plaza, 23rd Floor(212) 697-3529New York Real Estate Lawyerswww.NYRELAW.com(212) NYRELAWSUMMARY Federal regulations regarding equal opportunity inhousing are principally contained in two laws. The CivilRights Act of 1866 prohibits all racial dis-crimination,and the federal <strong>Fair</strong> <strong>Housing</strong> Act (Title VIII of the CivilRights Act of 1968) prohibits discrimination on thebasis of race, color, religion, sex, national origin,handicap, or familial status (the presence of children ina fam-ily) in the sale or rental of residential property.SUMMARY Discriminatory actions include refusing to deal with anindividual or a specific group, changing any terms of areal estate or loan transaction, changing the servicesoffered for any individ-ual or group, making statementsor advertisements that indicate discrimina-toryrestrictions, or otherwise attempting to make adwelling unavailable to any person or group because ofmembership in a protected class.

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