Assignment 7 - Federal Laws Flashcards
Laws
Civil Rights Act of 1866: prohibits racial discrimination in all real estate sales. “All citizens have the same rights to inherit, buy, sell, or lease all real and personal property.”
The Civil Rights Act of 1964: forbids discrimination in federally subsidized housing.
Federal Fair Housing Act of 1968: prohibits discrimination in housing based on race, color, religion or national origin when selling, buying or leasing residential real estate.
Jones v. Mayer 1968: Supreme Court Case which prohibits racial discrimination in any real estate transaction (residential or commercial)
Housing and Community Development Act of 1974: added gender (sex) to the protected classes.
Federal Fair Housing Amendments Act of 1988: added mental or physical handicap and familial status (people with children under 18) to protected classes.
Federal Fair Housing Act Exemptions
1) Age
The federal Fair Housing Acts do not expressly ban discrimination based on age. Nevertheless, it is definitely forbidden under the broader prohibition against discrimination on the basis of familial status.
2) Marital status
3) Occupation, or dependence on public assistance.
Real Estate Transactions Exemptions
The following categories of properties can in certain circumstances be exempt from the restrictions of the Civil Rights
Act of 1968 (although they would at all times still remain subject to the Civil Rights Act of 1866):
An owner of no more than three single family dwellings at any one time is exempt. The owner can only use these exemptions once in 24 months.
An owner of an apartment building containing up to four units is exempt if the owner occupies one of the units as a personal residence.
Religious organizations are exempt with properties owned and operated for the benefit of their members only and not for commercial purposes, provided that membership in the religious organization is not restricted on account of race, color, or national origin.
A private club (such as the Elk’s Club) which is not open to the public is exempt if the properties that the club does own, provides lodging only for the benefit of the membership, and not for commercial purposes.
These exemptions are NOT available if any the following has occurred:
discriminatory advertising has been used.
the services of a real estate broker were used (either in renting, leasing or selling)
Civil Rights Act of 1968
The Act prohibited the following forms of discrimination against these protected individuals.
In the Sale or Rental of Housing:
1) Refusing to rent: refusing to rent or sell housing
2) Quoting different terms: setting different terms or conditions for the rental or sale of housing based on an individual’s status in a protected category
3) Discriminatory advertising: discriminating in the appraisal of a property or refusing to provide information regarding a loan
4) Steering: which is persuading an individual toward or away from a certain neighborhood on the basis of race, religion, sex, or national origin.
5) Blockbusting: which is attempting to persuade an owner to sell (or rent) their property on the basis that the neighborhood is changing racially such that property values might soon be declining. It should also be noted that advertising in connection with sales listings that intimate blockbusting can be found unlawful, including advertising statements such as: “changing neighborhood”, “poor schools”, “increasing crime”, or “deteriorating property values.”
6) Redlining: which is a lender refusing to approve a mortgage loan due to racial composition or income level of the residents in the area where a property is located In Advertising Real Estate
7) Denying membership: denying someone access to, or membership in, a real estate related facility or service
8) False statements regarding availability: falsely stating that housing is unavailable for inspection
Who Investigates 1968 FHA Complaints?
HUD investigates complaints of housing discrimination
Who Investigates Federal Laws?
The Office of Fair Housing and Equal Opportunity (FHEO) administers and enforces federal laws
Florida Residential Landlord and Tenant Act Deposits
1) Hold the money in a separate noninterest-bearing Florida bank account and not commingle, hypothecate, that is, pledge as security for a debt, or use any such funds until due to the tenant.
2) Hold the money in a separate interest-bearing Florida bank account and pay the tenant at least 75 percent of any annualized average interest rate or 5 percent per year simple interest, and not commingle, hypothecate, or use any such funds until due to the tenant.
3) Post a surety bond with the clerk of the circuit court in the county in which the rental property is located in the total amount of the security deposits and advance rents or $50,000, whichever is less, and pay the tenant 5 percent per year simple interest. If the landlord chooses this method, the landlord is not obligated to place the funds (deposits) into a special account.
Landlord Rights to Inspection
tenant may not unreasonably withhold consent for a landlord to enter rented premises from time to time to:
inspect the premises;
make necessary or agreed-on repairs, decorations, alterations, or improvements;
supply agreed-on services; and
Exhibit or show the premises.
