ADA and Fair Housing Flashcards
ADA?
Americans with Disabilities Act
* passed into law in 1990
* Requires equal access to** public accomodations**
* mandates that employers may not discriminate against employees based on their disability and requires the company to provide reasonalbe accom that don’t create undue hardship on the business:
*15 or more full-time employees ea workday for at least 20 or more calendar weeks in the yr.
* a business w/ 14 or fewer employees may be exempt from ADA reqs
What are the federally protected classes?
FRESHCORN
Familial status
Race
Sex
Handicap
Color
Religion
National Origin
The unlawful practice of channeling prospective buyers away from or to a particular area is known as:
a. blockbusting
b. steering
c. panic peddling
d. harassment
B.
An owner wishes to list an expensive home but has requested that the home be sold to Cuacasions only. Under the law, the agent should:
a. inform seller he cannont legally accept the listing under these conditions
b. explain that it would be unlikely that non-Caucasions would be able to afford the house
c. advise the owners to sell it themselves
d. advertise the home solely in newspapers read by Caucasions
A.
The unlawful practice of restricting the number of laons in certain areas is known as:
a. blockbusting
b. panic peddling
c. steering
d. redlining
D.
Under what circumstances may a salesperson legally not show a minority a home in a white neighborhood?
a. under no circumstances
b. if the property has a deed restriction that limits ownership to white persons
c. if the owner is out of town and has instructed the salesperson not to show the home to anyone while the owner is away
d. if the salesperson believes that selling the home to a minority buyer would result in a mass exodus by other homeowners
C.
The FHA of 1968 permits a specific exemption for a(n):
a. owner-occupant renting a unit in an 8-plex
b. owner selling a single-family home himself, providing no discriminatory remarks are made in the advertising
c. private club restricting rental of lodging operated for commercial purposes
d. religious group renting units only to memers of a certain national origin
Key Word: specific exemption
B.
*Note:
1. sale of single-family residence owned by an individual who does not own more than three at one time if:
* Broker is not used and disriminatory advertising is not used
2. Rental of rooms/units in an** owner-occupied one to four family dwelling.**
3. **Private clubs **may restrict the rental of lodgings it owns to members if the property is NOT operated commercially
A fair housing violation in which a broker encourages homeowners to sell bc minority families are moving into the neighborhood is called:
a. discrimination
b. blockbusting
c. redlining
d. steering
b.
Which of the following is permitted under the Fair Housing Act?
a. advertising to special groups only
b. selling or renting to a customer based on their national origin
c. not renting a house to an individual because they have a poor credit history
d. telling a prospect a house has been rented when it has not
C.
Under the FHA of 1988, a handicapped person can be an individual:
a. in a low income family
b. who can’t qualify for a federally guaranteed or insured loan
c. who has abused controlled substances over a long period
d. w/ a mental impairment that substantially limits daily activities
FHA of 1988
D.
*Act of 1988 added disability or familial status:
Major Life Activities
Physical Impairment
Mental Impairment
Familial status, as defined in the Fair Housing Amendment Act of 1988, does NOT prohibit housing discrimination against:
a. parents/legal guardian w/ dependant children
b. families w/ children under the age of 18
c. a household unit where at least one member is over age 55
d. children living w/ their grandparents
C.
The FHA protects:
a. students
b. married women
c. migrant workers
d. military personnel
B.
A young woman w/ a visual impairment wants to live in an apartment building w/ her service dog. The building has no pets policy. The landlord:
a. does not have to permit her to rent the unit because the building has a no pets policy
b. must allow her to rent but can require her to restore any damage the dog has done at the end of her tenancy
d. must allow her to rent but could increase the customary security deposit
B.
*A landlord may NOT charge more rent or security due to service animal
A tenant w/ a handicap asks her landlord for permission to modify her dwelling unit. The landlord can:
a. charge a larger than customary security dep so money will be available to restore the unit to its original condition when the tenant moves out
b. require the tenant to restore the interior to the original condition at the end of the tenancy
c. require the tenant to move out if she isn’t comfortable
d. deny the request for no reason
B.
Under the 1968 Civil Rights Act, how long after a discriminatory housing practice has occurred may an individual file a complaint w/ HUD?
a. 30 days
b. 90 days
c. 180 days
d. one year
D.
The Federal Fair Housing Act covers the:
a. sale of single family residences by an owner who does not own more than three
b. rental of rooms in an owner occupied, four family dwelling
c. ownership of commercial property by a corp
d. sale of a single famiy residence handled by a broker
D.
A commercial building has handicapped parking spaces, bathrooms which are handicap accessible, and hadrails at the three steps leading to the front door. Under the ADA, the building:
a. is in full compliance
b. needs a ramp to make the property wheelchair accessible
c. cannot be sold until its in full compliance
d. must obtain approval from HUD
B.
According to the FHA as amended in 1988, if HUD determines that a person shows reasonable cause to believe that a discriminatory act has been committed, what must HUD do?
a. first determine the amount of monetary damages involved
b. attempt conciliation to resolve the dispute
c. suspend the saleperson’s licens
d. hold all inquiries until at least two more complaints have been filed
B.
A religious organization that owns a cooperative building hires a realty company to rent out the units. The realty co is unstructed not to rent to anyone who is not a member of the org faith. The realty company denies occupancy to a family with one member of a different faith. This is allowed under the fair housing laws because:
a. religion is not a protected class
b. charities are exempt
c. religious org are allowed to restrict tenants to members of that faith
d. cooperative building are exempt
FHA 1968 EXEMPTIONS
C.
A real estate ad for a home states, “This is a beautiful two-story home in a Hispanic neighborhood on 4 acres; 0% down, monthly payments of $1275 PITI for 30 years at 4% years interest, no point, and an APR of 4.1%.” This ad is in violation of which law?
a. TILA
b. FHA
c. RESPA
d. Fair Credit Reporting Act
B.
A property in which unrelated people who need care, support, or supervision live together and which is protected by fair housing laws from discrimination by neighbors is a:
a. homestead
b. relined home
c. single family home
d. group home
D.
Which of the following would not be a group home and, therefore, would not qualify for protection under the fair housing laws?
a. house occupied by persons w/ a mental illness
b. an owner occupied home w/ 3 bedrooms and only 1 bathroom
c. a home occupied by persons recovering from drug addiction
d. a house that serves as as hospice for persons who are near death
B.
Which would not be a violation of the ADA?
a. failure to provide equal access to a real estate office for a person using a wheelchair
b. failure of an employer who has 15 or more full time employees to make reasonable accomodations for disabled employees
c. failure to rent an apartment to a disable person w/ a service animal
d. failure to provide parking spaces for handicapped persons at a retail shopping center
REMEMBER: ADA= PUBLIC ACCOMODATIONS
C.
If a property has the right to exclude families w/ children, which of the following parties listed below would be allowed to reside in the property?
a. 62 yr old retired doctor
b. 52 yr old employed lawyer
c. 50 yr old nurse
d. 54 yr old minister
A.
*the familial status amendment does not limit housing choices for sr citizens, such as retirement comm or homes. A facility can qualify for this exemption if the housing is occupied a) Solely by people 62 or older b) by at least one person age 55 or older in 80% of the units
If a property has the right to exclude families w/ children, which of the following parties listed below would be allowed to reside in the property?
a. 62 yr old retired doctor
b. 52 yr old employed lawyer
c. 50 yr old nurse
d. 54 yr old minister
A.
*the familial status amendment does not limit housing choices for sr citizens, such as retirement comm or homes. A facility can qualify for this exemption if the housing is occupied a) Solely by people 62 or older b) by at least one person age 55 or older in 80% of the units
The ADA requires adequate access to what type of properties:
a. private
b. residential
c. vacant land
d. public
D.
Families w/ children may be denied occupancy of rental units if all units in the building were reserved exclusively for thos of what age or older?
a. 55
b. 60
c. 62
d. 65
C. 62
Which of the following is a protected class under the ECOA but not under fair housing laws?
a. race
b. religion
c. marital status
d. sex
C.
*review your protected classes for both ECOA and FHA
Protected Classes for ECOA and FHA?
FHA:
familial
race
sex
handicap
color
religion
national origion
ECOA:
Race
Color
religion
national origin
sex
marital status
age
receipt of public assistance
What statement would most likely relate to blockbusting?
a. “they’re moving in; better sell today!”
b. “i’ll take you to an area where I think you’ll be better off.”
c. “I won’t initiate a loan in that area.”
d. “only catholics can live in that area.”
A.
A handicapped person moves into an apartment and wants grab bars intalled in the shower. Under the law:
a. the tenant may install them at his expense
b. the landlord must install and pay for them
c. the landlord must install them before renting the unit
d. the landlord can refuse the alteration to the property
A.
Familial status under the FHA prohibits discrimination against:
a. parents and all children
b. parents who have a disability
c. parents w/ children under 18 and pregnant women
d. children who are dependent
C.
FHA of 1968 prohibits:
list 4
Steering
Blockbusting
Redlining
Denying membership or limiting participation in an MLS, broker org, etc., as a means of discrimination
Enforcement of the 1968 FHA and 1988 amendments. Aggrieved persons have how long to file a complaint and to whom?
- One year in writing to HUD
- Two years to file a civil lawsuit** in federal court**
The agency that administers federal fair housing laws is the department of ?
Department of Housing and Urban Development
Familial status covers:
- Individuals under the age of 18 who live with either parents or legal guardian
- Pregnant women
- Any person in the process of obtaining legal custody of a child under the age of 18
Familial status exemptions include housing for persons age ? or older, and housing where at least ?% of the units are occupied by at least one person age ? or older.
62
80%
55
