🏡 Understanding Fair Housing & Your Responsibilities as an Agent

As a Kale Realty agent, you're stepping into a role of leadership, service, and integrity. One of the most important responsibilities you carry is upholding the Fair Housing Act—a cornerstone of ethical real estate practice and federal law.

Fair housing is not just a rule. It’s a commitment to equity, dignity, and opportunity for all.

⚖️ What Is the Fair Housing Act?

The Fair Housing Act prohibits housing discrimination based on:

🧑🏾‍🤝‍🧑🏼 Race, Color

🌍 National Origin

✝️ Religion

👩 Sex

👨‍👩‍👧 Familial Status

♿ Disability

🧬 The 1988 Amendment & Health Status

The Act was amended in 1988 to include persons living with:

• AIDS

• HIV

• Other related illnesses

  
  

These individuals are considered protected under the definition of disability.

🚫 Protected Classes Under the IHRA

Illinois protects more categories than federal law. Under the IHRA, it is illegal to discriminate based on the following:

🧑 Race

🌍 National Origin

✝️ Religion

👩‍🦰 Sex (including sexual harassment)

🧑‍🦽 Disability (physical and mental)

👨‍👩‍👧 Familial Status

💍 Marital Status

🧬 Ancestry

📍 Order of Protection Status⚥ Sexual Orientation (includes gender identity)

🧓 Age (40+)

🪪 Military Status or Unfavorable Discharge from Military Service

💼 Source of Income (including housing vouchers and public assistance)

🏡 How This Applies to Your Work as an Agent

As a real estate agent, you must:

✅ Treat every client and customer equally

You cannot refuse to show, sell, rent, or negotiate a property based on any protected class.

✅ Advertise fairly

Avoid using language that suggests a preference for or against any group (e.g., “perfect for young professionals” or “no Section 8”).

✅ Respect housing assistance

You must not deny housing or service to someone solely based on the fact they use a CHA voucher or other lawful source of income.

✅ Avoid steering or selective service

Don’t guide clients toward or away from certain neighborhoods based on protected characteristics.

✅ Respond to complaints properly

If a client or consumer believes they've been treated unfairly, the Illinois Department of Human Rights (IDHR) may investigate and impose penalties.

⚠️ Penalties for Violations

Violating the IHRA can result in:

• License suspension or revocation

• Fines and civil penalties

• Lawsuits and damages

• Permanent reputational damage

🚫 Kale Realty’s Policy on Disclosure

To stay in compliance with federal law and protect our clients, Kale Realty has a strict policy:

❌ If someone asks if you can find them housing that accepts housing vouchers, the answer is yes.

❌ If someone asks if the tenant you represent will accept housing vouchers, the answer is yes.

❌ Do not disclose that a current or former occupant has or had AIDS or HIV.

❌ Do not answer buyer questions about health status.

Instead, say:

🗣️ “It is the policy of Kale Realty not to answer that type of question one way or the other since it is not material and may violate the Fair Housing Act.”

If the buyer persists:

🗣️ “If that information is important to you, you must determine that information for yourself.”

🧠 What About Psychological Factors?

Psychological factors—like suicides or violent crimes—are not required to be disclosed under Illinois law. However, since they often become known through neighbors or public record, Kale Realty recommends:

✔️ Discussing potential disclosures with the seller

✔️ Recommending voluntary disclosure when appropriate

✔️ Respecting the seller’s decision—but if necessary, Kale may choose to terminate the listing after consultation

🖥️ Complete Your Required Fairhaven Fair Housing Simulation

Fairhaven is a powerful, interactive training tool from the National Association of REALTORS® that puts you in real-world scenarios to sharpen your fair housing knowledge and skills.

✅ Required for all new Kale agents

⏱️ Takes approximately 1 hour to complete

📈 Builds confidence and professionalism

💬 Need Help?

When in doubt—ask before you act. Our leadership and compliance teams are always here to help you navigate tricky situations legally and ethically.

🌟 Your Role Matters

At Kale Realty, we believe in fair housing for everyone. You are not just selling homes—you’re building trust, opening doors, and upholding one of the most important values in our industry. We’re proud to have you with us. Kale Realty takes these matters seriously and expects all affiliated agents to conduct business with the highest level of integrity and compliance.