Fair Housing language

Recently, the Ohio Real Estate Commission charged one of our members for "failing to use the correct fair housing language in the written agency agreement with the seller. This constitutes a violation of R.C. 4735.18(A)(6) as it incorporates R.C. 4735.55(A)(2)."

Although the original complaint was another matter entirely, during the course of their thorough investigation, the Division found this problem.

The most recent change in the Fair Housing language was adopted on March 17, 2000. At that time, the Division urged brokers to update their agency agreements to reflect the correct Fair Housing language.

One year later, due to the frequency with which the Division was finding the old language in contracts, then Superintendent Lynne Hengle sent a letter to all Ohio brokers reminding them that the law requires that all agency agreements contain the specific fair housing language.

As failing to use the correct fair housing language, this constitutes a violation and is therefore subject to sanction (fine, disciplinary action, etc.)

Please check your written agency agreements to ensure that they include the correct language. Agency agreements would include:

• Exclusive Right to Sell Listing Contract (residential)
• Exclusive Right to Sell or Lease Listing Contract (commercial)
• Exclusive Buyer Representation Agreement

Fair Housing language

as approved March 17, 2000 (underline indicates modifications from previous version.)

It is illegal, pursuant to the Ohio fair housing law, Division (H) of Section 4112.02 of the revised code and the federal fair housing law, 42 U.S.C.A. 3601, to refuse to sell, transfer, assign, rent, lease, sublease or finance housing accommodations, refuse to negotiate for the sale or rental of housing accommodations, or otherwise deny or make unavailable housing accommodations because of race, color, religion, sex, familial status as defined in Section 4112.01 of the Revised Code, ancestry, disability as defined in that section, or national origin; or to so discriminate in advertising the sale or rental of housing, in the financing of housing, or in the provision of real estate brokerage services; it is also illegal, for profit, to induce or attempt to induce a person to sell or rent a dwelling by representation regarding the entry into the neighborhood of a person or persons belonging to one of the protected classes.