12 Fair Housing/ADA Flashcards
Fair Housing Act of 1968
Prohibits discrimination based on race, color, religion origin, sex, familial status or handicap.
It was amended twice, 1974 sex became protected, and 1988 handicap and familial status became protected.
Law is administered by HUD.
Civil Right Act of 1866
Prohibits all racial discrimination without exception. This enforcement is through the federal courts, not HUD.
Blockbusting
To induce, or attempt to induce any person to sell or rent by representation regarding entry or prospective entry into the neighborhood of a person.
Steering
Illegal act where brokers guide prospective home owners to or away from neighborhoods where they think they should or shouldn’t live.
Redlining
Illegal practice by lenders who restrict loans in certain areas for reasons other than applicants creditworthiness.
Exemptions
- No broker was used
- No discriminatory advertising was used.
- Sale or rent of a SFR if owned by the seller under the following:
A. Seller does not own more than 3 SFR at one time.
B. Seller is not living in house, or was not most recent resident, only 1 sale is exempt within a 24 month period. - Rental in buildings with 4 or fewer family units if owner occupies one of the units.
- Religious organizations that own residential property can limit occupancy to members of their organization as long as it does not discriminate on who can be members of their organization.
- Private clubs can limit lodging to only their members as long as the lodging is not used for commercial purposes.
Elderly Housing Exemptions
- Units occupied by 62 years or older persons.
- At least 80% of units are occupied by 1 person 55 or older.
- Illegal drug abusers are not protected under the handicap class unless they are in recovery.
- Anyone who poses a threat to health or safety to the public are not protected under the handicap class.
Dwelling
Any building, structure or part of a building that is occupied as, or designed or intended for occupancy as, a residence by one or more families. Includes vacant land that is to be used for one of the purposes described therein.
Handicap
A mental or physical impairment that substantially limits at least one major life activity.
Familial Status
Domicile with a child under the age of 18, pregnant women, or person in the process of obtaining legal custody of a child under the age of 18.
Americans with Disabilities Act
A federal law that went into effect in 1992 that protects an individual’s rights when it comes to employment, accessibility rights in public accommodations, government services, public transportation, and telecommunications.
ADA Enforcement
Enforced by US attorney general.
1st offense - $50k
Subsequent offenses - $100k
ADA Titles
Title 1 - requires employers of 15 or more employees to make reasonable accommodations to allow employees with a disability to perform essential job functions.
Title 3 - provides people with disabilities the right to accessibility to goods and services in public & commercial facilities.
Equal Credit Opportunity Act
Passed in 1974 which extends credit based on the applicants ability to repay the loan without regard for a persons: Race Color Religion Origin Age Marital Status Public Assistance