To get the most from your home-buying experience, you need fair and equal treatment from your real estate agent, lender, and other professionals. Many are passionate about equal housing opportunity and opening doors for first-time homebuyers. But discrimination can still happen, so it's helpful to understand your rights and what to do if you experience housing discrimination.
Your right to equal housing opportunity
As a homebuyer, you're protected by fair housing laws designed to prevent discrimination. This protection is outlined by the federal , which “protects people from discrimination when they are renting or buying a home, getting a mortgage, seeking housing assistance or engaging in other housing-related activities.”
Housing discrimination is prohibited on the basis of race, color, national origin, religion, sex, familial status, and disability. are not explicitly protected under the Fair Housing Act, but are protected under the previously listed classifications. Depending on the state you live in, other groups, such as LGBTQ+, may be protected from housing discrimination under state or local law.
The also prohibits lending discrimination. It says that banks and mortgage companies may ask you for information about your race, familial status, etc. in some situations, but they may not use it when deciding whether to give you a loan or when setting the terms of your loan.
What fair treatment looks like
Fair treatment means your real estate agent and mortgage lender are on your side throughout your home-buying experience. Your agent should listen to your needs and be your advocate. They should respect your budget and be willing to help you find homes in whatever neighborhoods you prefer.
Similarly, your mortgage lender should offer you a loan that's in line with current mortgage rates, reflects your credit score appropriately, and does not impose excessive fees. Your loan officer should explain all your loan options and never pressure you to choose a loan you're not comfortable with, regardless of your income level or credit score. Learn more about your rights as a borrower from the .
What housing discrimination looks like
Unfortunately, buyers still sometimes face discrimination. This could mean an agent steering you to purchase a home in a specific neighborhood, or a lender denying you a mortgage loan even though you qualify for one.
Two of the most well-known types of housing discrimination to watch out for are predatory lending and redlining.
What is predatory lending?
Predatory mortgage lending happens when a lender pressures a borrower into a loan they can't afford or charges excessive loan fees. For example, you may be presented with a mortgage rate that is much higher than current mortgage rates, even though your credit score may qualify you for better loan terms.
While lender fees and closing costs are a normal part of the home-buying process, some lenders raise them significantly. This can make it harder for you to pay your mortgage. These fees may be hidden in documents, so make sure to carefully review any mortgage loan you’re pre-approved for.
What is redlining in real estate?
The problem of started decades ago when banks denied mortgages to qualified buyers based on their race or the location of the home they were buying. This led to real estate agents, financial firms, and other institutions marking certain areas as off-limits for issuing mortgage loans. These off-limit areas were identified by a red line, thus creating the term “redlining.”
Although redlining is illegal today, its effects continue. Mortgage lenders may offer riskier loans or engage in predatory lending to homebuyers in formerly redlined neighborhoods. People of color are still denied mortgages at higher rates than white applicants due to the long-lasting impacts of redlining.
Other forms of housing discrimination
Housing discrimination can occasionally be obvious, but more often it's subtle. Here are some other examples of discriminatory practices.
Mortgage lending: denying a mortgage because the property is located in a minority or majority neighborhood, or refusing to provide mortgages to pregnant women.
Persons with disabilities: refusing to consider a mortgage applicant based on disability income (SSI or SSDI), being told a neighborhood is not “right” for you, or being asked to provide medical history to prove your disability.
Familial status: refusing to rent to families with children, steering you toward a “family-friendly” neighborhood, or advertising that prohibits children.
LGBTQ+: lenders giving you more paperwork to apply for a loan, a real estate agent refusing to work with you, or a home you were interested in suddenly disappearing from the market.
Equal housing opportunity violations are not limited to these examples. If you believe you've experienced housing discrimination, you should know how to protect yourself and file a complaint.
How to protect yourself from housing discrimination
It's the responsibility of real estate agents and lenders to provide you with fair treatment. But there are also ways you can protect yourself if you're concerned that you could be a target of discrimination.
Take note if you're not getting the full picture. If your real estate agent steers you toward or away from majority or minority neighborhoods, or suggests you can't afford homes at a certain price point even though you're qualified, consider finding a different agent.
Shop around for a loan and speak with multiple lenders. This makes it easier to identify when something isn't right with a loan or lender. Get a mortgage pre-approval with different lenders and compare loan estimates so you know you’re getting the best option. Learn more about choosing a mortgage lender.
If you're denied a loan, ask why. Ask what your credit score is, and what the required credit score is for the loan program you applied for. All loan programs accept scores in a certain range. If you've been denied a loan and your credit score is in the range allowed for that loan program, discrimination may be occurring.
Ask about fees and other costs. Most mortgage loans have fees added as part of the closing costs. You also have to pay interest to your lender. But in some cases, the fees, interest rate, or other costs can be so high that the loan becomes unaffordable. A good lender will charge reasonable fees and provide a Loan Estimate that makes it easy to see all the costs of your loan, including late fees and pre-payment penalties.
Beware offers that seem too good to be true. Predatory lenders often succeed by promising loans with no money down or a low introductory rate. But be careful; often there's a catch, like high fees that pile up or an adjustable interest rate that "explodes" later. While there are some great low-cost loan options out there, each has qualification requirements. A good lender will explain these loans and homebuyer programs, as well as any disadvantages.
Just because a lender doesn't approve you for a loan or an agent suggests a certain neighborhood, that doesn't necessarily mean they're denying you equal housing opportunity. They may have solid reasons for their recommendations. Asking questions and asserting yourself can help you navigate the situation.
Fair Housing Act violations: how to file a complaint
If you believe you've been discriminated against under the federal Fair Housing Act, you can with the Fair Housing and Equal Opportunity (FHEO) office. Under FHEO guidelines, anyone who has been or will be harmed by a discriminatory housing practice can file a complaint. There are time limits for reporting a violation, so you should file as soon as possible.
You may also want to enlist the help of a real estate attorney. They can advocate for you, explain which laws have been violated, and provide guidance as to whether you should file a private lawsuit. Realtors® are held to a , and if their behavior violates those ethics, you may be able to file a complaint with the National Association of Realtors®.
If the discrimination involved a lender, you can also file a complaint online with the
Takeaway: equal housing opportunity rights
You have the right to fair treatment during your home-buying experience. Understanding what equal housing opportunity looks like can make a difference when it comes to buying your first home and building wealth for a lifetime. The Fair Housing Act is there to protect you, and there are dedicated real estate agents and lenders all over the country who are ready to help you fulfill your dream.