4 Prof Code & Ethics - Fair Housing (Practice of Real Estate & Disclosures (Includes Specialty Areas) 38 Questions) Flashcards
Civil Rights Act of 1866
The original fair housing statute,
the Civil Rights Act of 1866, prohibits discrimination in housing based on race.
The prohibition relates to selling, renting, inheriting, and conveying real estate.
Executive Order 11063
While the Civil Rights Act of 1866 prohibited discrimination, it was only marginally enforced.
In 1962, the President issued Executive Order 11063 to prevent discrimination in residential properties financed by FHA and VA loans.
The order facilitated enforcement of fair housing where federal funding was involved.
Civil Rights Act of 1968 Title VIII (Fair Housing Act)
What does the Fair Housing Act consist of today (RCRO) and which government entity enforces it?
Title VIII of the Civil Rights Act of 1968, known today as the Fair Housing Act, prohibits discrimination in housing based on race, color, religion, or national origin.
The Office of Fair Housing and Equal Opportunity (OFHEO) administers and enforces Title VIII under the supervision of the Department of Housing and Urban Development (HUD).
New Fair Housing Regulation: “Equal Access to Housing in HUD Programs - Regardless of Sexual Orientation or Gender Identity.” In addition to the Fair Housing Acts and their Amendments, anti-discrimination regulations can be enacted by federal and state agencies. The latest example of the federal government taking this action is the regulation entitled “Equal Access to Housing in HUD Programs - Regardless of Sexual Orientation or Gender Identity.” This regulation, effective March 5, 2012, applies to all HUD programs to ensure equal access to housing for all Americans regardless of sexual orientation or gender identity. The regulations add lesbian, gay, bisexual, and transgender (LGBT) individuals to the protected classes.
The rule:
Requires owners and operators of HUD-assisted housing, or housing whose financing is insured by HUD, to make housing available without regard to the sexual orientation or gender identity of an applicant for, or occupant of, the dwelling, whether renter- or owner-occupied.
Prohibits lenders from using sexual orientation or gender identity as a basis to determine a borrower’s eligibility for FHA-insured mortgage financing.
Clarifies that all otherwise eligible families, regardless of marital status, sexual orientation, or gender identity, have the opportunity to participate in HUD programs. It clarifies that families, otherwise eligible for HUD programs, may not be excluded because one or more members of the family may be a LGBT individual, have a LGBT relationship, or be perceived to be such an individual or in such relationship.
Prohibits owners and operators of HUD-assisted housing, or housing whose financing is insured by HUD, from inquiring about the sexual orientation or gender identity of an applicant for, or occupant of, the dwelling, whether renter- or owner-occupied. These include the Federal Housing Administration (FHA) mortgage insurance programs, community development programs, and public and assisted housing programs.
Is sexual orientation and gender identity a protected class under the federal Fair Housing Act?
No.
It is important to remember that the regulations apply only to federally supported housing programs and not to programs that are not HUD related. This rule does not recognize sexual orientation and gender identity as protected classes under the federal Fair Housing Act. This provision does not prohibit voluntary and anonymous reporting of sexual orientation or gender identity pursuant to state, local, or federal data collection requirements. Note also that this is a federal regulation, and state fair housing laws and regulations may have their own regulations with respect to this new protected class.
