Antidiscrimination Laws and Marketing Regulations Flashcards
What does the Civil Rights Act of 1866 do?
Prevents discrimination on the basis of race only. Upheld in 1968 Jones v. Mayer case, ruled constitutional based on 13th Amendment (slavery)
What does the Fair Housing Act do?
Title VIII of the Civil Rights Act of 1968 / Fair Housing Act prohibits discrimination in the sale or lease of rental property.
What are the protected classes under the Fair Housing Act?
Race, color, religion, sex, national origin, disability or familial status
When does the Fair Housing Act not apply?
1) FSBO when the owner doesn’t own more than 3 homes
2) owner-occupied rental up to 4 units
3) Religious/non-profit organizations can give preference to members (as long as membership isn’t discriminatory)
4) private clubs
No discriminatory advertising or agents in 1 or 2 can be used.
What was added to the Fair Housing Act in 1988?
Disability and familial status. It includes addiction or mental illness (unless they’re a direct threat or engaged in illegal activity).
What accommodations does a landlord need to make for a disabled tenant?
The landlord must allow the tenant to make reasonable modifications at the tenants expense so long as they are necessary for the tenants full use and enjoyment of the premises. The landlord may require the tenant to restore the premises when they move out.
Can a landlord refuse to rent to a family?
Only if the family is too large for a rental unit under consideration.
What is the Housing for Older Persons Act?
An exemption from the Fair Housing Act allowing the exclusion of children from:
1) properties created under a government program to help the elderly
2) properties intended and solely occupied by persons 62+
3) properties intended for 55+ where 80%+ are occupied by at least one person 55+
Who enforces the Fair Housing Act?
HUD through Office of Fair Housing and Equal Opportunity. Complaints must be filed within one year of alleged discrimination. HUD will attempt to get the person to follow the law, followed by an administrative hearing. It can also be litigated in Federal Court.
What is the Equal Credit Opportunity Act?
Applies to all credit transactions, including real estate, and prohibits discrimination based on race, color, religion, national origin, sex, marital status, age (as long as 18+), or source of income (public assitance).
What is the Home Mortgage Disclosure Act?
It requires lenders to make disclosures about the loans they issue once a year to prevent redlining.
Americans with Disabilites Act
Federal law to ensure disabled persons have access to public facilities. Requires owners to take readily achievable steps to make the building accessible. Religious organizations and private clubs are exempt.
What is the Sherman Act?
Act prohibiting any agreement that would unreasonably restrain trade (anti-trust). Prohibits price-fixing, group boycotts, tie-in arrangements, and market allocation.
