A person subjected to class-based discrimination, while attempting to purchase real estate, has both constitutional and legal grounds to challenge the discrimination.
Here are the most commonly raised protections against discrimination in the purchase of real property:
- Equal protection: Some of the early challenges to discrimination in the sale of property were based on the Equal Protection Clause of the Fourth Amendment. A plaintiff who presents an equal protection challenge faces two main obstacles. First, the plaintiff must prove discriminatory intent. Second, discrimination must generally be clearly based on the buyer’s sex, race, age, religion, or sexual orientation.
- Civil Rights Act of 1866: This is the oldest federal regulation that addresses discrimination in the sale of property. You can file a discrimination claim if the seller had a discriminatory intent. This act only applies to race.
- Fair Housing Law: Federal fair housing law prohibits discrimination in the sale or rental of homes. The law applies not just to race, but to discrimination based on race, color, religion, sex, disability, familial status, or national origin. Under this law, you only need to show that the seller’s actions were disproportionate to a protected class of people.
- State and municipal laws against discrimination: many state and municipal governments have enacted fair housing laws. They often provide broader protection than federal law in two main ways. First, some state and local laws provide for the protection of more classes, including many groups defined by sexual preference. Second, many state and local acts do not include all of the exemptions contained in federal acts.
Discrimination can be verified with the help of an experienced real estate legal advisor to gather the necessary evidence and show that you were discriminated against, it can also represent you at the legal level to ensure that the appropriate process is being carried out.
The content of this article does not contain legal advice, more will be updated on the subject and you can find more similar articles.