Fair housing laws, intended to provide a level playing field for homeseekers, apply to real estate agents. But individual homeowners, who may or may not be using agents, are also bound by federal and state regulations. So are landlords. And the penalties for breaking those laws can land you in real trouble.

If you're using an agent, he or she can fill you in on your responsibilities and liability under the law. But particularly if you're an owner acting on your own, it's wise to learn all you can about the human rights aspect of selling and leasing real estate.

Or if you're looking for a place to live, it's reassuring to know your legal rights.

Under the laws, it is unfair to discriminate in a real estate transaction, or deny equal treatment, on the basis on the other party's membership in a "protected class". That includes the groups you would expect, and some that may surprise you. Federal protected classes are:

• race
• color
• religion
• national origin
• gender
• handicap, and
• presence of children in a family.

Protection of the handicapped extends to those with hearing, mobility and visual impairments; chronic alcoholism; AIDs; and mental retardation (but not anyone currently using illegal drugs or anyone posing a threat to the health or safety of others.)

Landlords must allow a handicapped tenant to make "reasonable accommodations" at the tenant's own expense to make a dwelling more accessible. If necessary, the tenant must restore the premises to original condition when leaving.

Overt discrimination (refusing to sell, rent or negotiate with anyone in a protected class) is not the only way to get into trouble. Changing terms, conditions or services ("extra rent fee for those with children") is also forbidden. So is any advertising along the lines of "singles only".

Individual states or cities sometimes add further protected classes, and it's wise to find out what applies in your area. Among additional protected classes might be legal source of income ("we don't take welfare tenants" would be illegal there) and sexual orientation.

There are sometimes exceptions, state and federal, the most common one being the right to discriminate in choosing one's own lodger ("woman preferred") or the tenant for another apartment in one's own house. It's best to double-check, though. Federal law allows no exception when the discrimination is based on race, color or ethnic background.

HUD, and local groups, fund extensive programs of "testing". Pairs of trained "checkers" present themselves as prospective buyers or tenants, and take careful note of whether -- for example -- the black couple is treated with the same courtesy, and presented with the same choice of housing, as the white couple with similar financial qualifications.

Observance of fair housing rules, of course, does more than simply keep you out of trouble. It offers you an opportunity to help remedy some of the major problems caused by the inequities that still plague this country.

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Published: May 17, 1999

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