Advanced Fair Housing & Fair Lending Flashcards
Civil Rights Act of 1866 (First major legislation directly affecting equal rights)
act prohibited racial discrimination in all property transactions in the US.
Protects Race and Color
Federal Fair Housing Act of 1968
prohibitions against racial discrimination and adding….
Religion + National Origin
Housing And Community Development Act of 1974
Added Sex + Gender
Fair Housing Amendments Act of 1988
added Disability + Familial Status
Name all 7 fair housing act protected classes
Race + Color + Religion + Sex + Disability + National Origin + Familial Status
What is the Equal Credit Opportunity Act?
prohibits creditors from discriminating against any applicant with respect to any aspect of a credit transaction on the basis of - race, color, religion, national origin, sex, marital status, age,
T/F
Under the equal credit opportunity act, borrowers are protected from discrimination on the basis of their familial status
False
Steering/Channeling
when you direct prospective buyers or renters to or away from a specific neighborhood based on their race (or any other protected class)
Blockbusting/Panic Selling/Panic Peddling
inducing or attempting to induce, for profit, any person to sell or rent property based on representations made regarding entry into the neighborhood of persons of a particular race, color religion, sex, or national origin and it is prohibited under federal and state law
Redlining
discriminating against anyone by a lending institution in making a loan for buying, building, repairing, improving, or maintaining a dwelling, or in the terms of such financing insurance.
Office of Fair Housing and Equal Opportunity (division of Department of Housing and Urban Development)
responsible for the administration and enforcement of federal fair housing laws.
Within how long can someone file a civil suit of an alleged discriminatory incident?
Two years
How much is the fine for a first violation of discriminatory practices? Subsequent Violations?
Up to $75K | $150K
T/F
Fair housing laws are enforced by FHA
False, enforced by Department of Housing and Urban Development
How long do people have to file fair housing complaints to HUD for alleged discrimination?
Within 1 year
Maximum civil penalty for violation of first offense of HUD complaints?
$16K
a person who has been discriminated against under the civil rights act of 1866 must file the lawsuit in which court?
Federal District Court
New York Specific - extends protected classes to include (4)…
Age
Marital Status
Military Status
Sexual Orientation
New York State Exemptions to federal fair housing acts (4)
- rental of one unit of an owner-occupied two family residence, for example, a duplex
- rental of a room in a housing accommodation where all rooms are rented to people of the same sex, for example, a dorm.
- rental of a room or rooms in an owner occupied single family home
- restriction based entirely on age and familial status for housing accommodations or public housing exclusively intended for people age 62 or older (and a spouse) or housing intended and operated for occupancy by at least one person age 55 or older in each unit
T/F
Every homeowner within a designated cease and desist zone is protected from unwanted solicitation by real estates licenses
True
A proper owner within a cease and desist zone must file an owners statement in order to be included on the cease and desist list
Residents may file a complaint New York State Division of Human Rights within how many yesrs of alleged act?
1 year
Within how many years can residents bring a civil suit in NY Supreme Court?
3 years
Actions taken by commissioner if respondent is found guilty of alleged discrimination (6)
- require the responded to cease and desist from such unlawful discriminatory practice
- Require the respondent to take affirmative action for example, extend a lease to the complainant under equal terms
- Award compensatory damages to the complainant
- Award Punitive damages to the complainant not to exceed $10K
- Require the respondent to pay the state any profits obtained through the commission of unlawful discriminatory acts associated with blockbusting
- Assess civil fines and penalties not to exceed $50K or not to exceed $100K if the act of discrimination was determined to be willful, wanton, or malicious
Who do you file complaints with in NYC?
City’s Commission on Human Rights - must file within a year
