What You Should Know AboutThe content of this page is provided for informational purposes only, and should not be understood to constitute legal advice. An attorney should be consulted in all legal matters.
Home ownership is a right protected by both federal and state laws which prohibit discrimination on a wide range of criteria. Protecting those rights begins with knowing what they are, and understanding the mechanisms and avenues for their enforcement.
Several federal laws, as well as state and local laws, prohibit discrimination based on race, color, national origin, religion, sex, familial status (including children under the age of 18 living with parents of legal custodians, pregnant women, and people securing custody of children under the age of 18), and handicap (disability) in the sale, rental, and financing of dwellings, and in other housing-related transactions. Visit the HUD Web site's Equal Housing Opportunity page for more information about the laws and your rights.
State and local laws generally expand on the principles of federal law and prohibit discrimination based on additional classes not covered by federal law. Additionally, the National Asociation of REALTORS® (NAR) has incorporated into its code of ethics the principles underlying the laws.
The home seller, the home buyer, landlords, lenders and real estate professionals each have rights and responsibilities under the law. Whether a home sellers or landlord, the laws prohibit discrimination in the sale, rental and financing of property. Neither sellers or landlords may instruct a licensed broker or salesperson to exclude protected classes or convey for them any limitations in the sale or rental of real property. Nor may they or a real estate professional or lender establish discriminatory terms or conditions in the purchase or rental, deny that housing is available or hold out that a property is available only to cert5ain classes of persons.
Home buyers have the right to expect that housing will be available to them without discrimination or other limitations, and can further expect:
Article 10 of the NATIONAL ASSOCIATION OF REALTORS® Code of Ethics provides 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® and non members of the National Association of REALTORS® alike are subject to the authority of the US Department of Housing and Urban Development and the Texas Real Estate Commission (TREC).
Local Boards of REALTORS® have the responsibility for enforcement of the NAR Code of Ethics through professional standards procedures and corrective action in cases involving alleged violation of the Code.
You can learn more and contact each responsible authority as follows:
The US Department of Housing and Urban Development
(REALTORS® and non NAR member agents, and all others)
Complaints alleging discrimination in housing against REALTORS® and non NAR member agents, and all others should be filed with the nearest office of the United States Department of Housing and Urban Development (HUD).
In San Antonio:
Phone: (210) 475-6806
Fax: (210) 472-6804
TTY: (210) 475-6885
Office Hours: 8:00 a.m. to 4:30 p.m.,
Monday through Friday
Or call HUD's toll free numbers:
1-800-669-9777 (voice), or 1-800-543-8294 (TDD).
Or visit the HUD Web site
The Texas Real Estate Commission (TREC)
(REALTORS® and non NAR member agents, and others regulated by the commission)
TREC is the state's regulatory agency for:
Texas Administrative Code also provides for filing complaints with TREC for violation of TITLE 22, PART 23, CHAPTER 531, RULE §531.19 of the CANONS OF PROFESSIONAL ETHICS AND CONDUCT.
Phone: 1-800-250-8732
Or visit the complaints pages of the TREC Web site.
Call the Local Board of REALTORS®
(Complaints against REALTORS® only)
In San Antonio, contact the San Antonio Board of REALTORS® (SABOR):
San Antonio Board of REALTORS
South Texas Real Estate Center
9110 W IH 10
San Antonio, Texas 78230-3112
Phone (210) 593-1200
Fax (210) 593-1251
Or download the procedures and complaint form from the SABOR Web site.
Elsewhere in Texas, contact the Texas Association of REALTORS® (TAR):
See the complaints pages of the TAR Web site.