Ch 3: Antidiscrimination Laws Flashcards
T/F: Unrah is a state law
True
Law that requires business establishments to provide services in a nondiscriminatory manner
Unrah Civil Rights Act
In the Unrah Act, “Sex” specifically includes:
1)
2)
3)
1) gender
2) gender identity
3) gender expression
T/F: Per the Unrah Act, in transactions related to housing, business establishments are not allowed to discriminate based on age
True
T/F: The Unrah act has an ____ prohibition against discrimination based on familial status, according to court rulings
implied
T/F: CA courts have held that the Unrah Act generally prohibts ANY arbitrary form of discrimination
True
T/F: Under the Unrah Act, political affiliation or physical appearance could be an arbitrary form of discrimination according to court rulings
True
Why are apartments & condominium complexes generally prohobited on placing age restrictions on tenants or having a “no children” sign?
they are considered business establishments under the Unrah Act
Qualified _____ developments are exempt from the age restriction placed on apartments/condos under the Unrah Act
senior citizen
Anyone found to have violated the Unrah Act will be liable for ____ damages and ____ fees
actual; atty
The ____ Act specifically prohibits a seller or landlord from asking about the race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, familial status, or disability of any prospective buyer or tenant
Fair Employment and Housing Act
The ____ Act prohibits anyone from advertising housing for sale or rent in discriminatory terms
Fair Employment and Housing Act
One difference between California’s Fair Employment and Housing Act and the federal Fair Housing Act is
the California law applies to someone selling her own home without the services of an agent
T/F: CA’s Fair Employment and Housing Act extends the anti-discrimination rules to more protected classes than the federal Fair Housing Act does
True
Under the California law, they apply to marital status, gender, gender identity, gender expression, sexual orientation, source of income, and genetic information, in addition to the categories protected under both the state law and the federal law (race, color, religion, sex, national origin, familial status, or disability)
Fair Employment and Housing Act: Exemptions
It doesn’t apply to accommodations operated by nonprofit religious, fraternal, or charitable organizations.
It also doesn’t apply when part of a single-family owner-occupied home is rented to a single boarder.
Rentals that involve shared living space may specify male or female tenants.
Finally, protections concerning familial status do not apply to senior housing.
A church-owned dormitory near a university which restricts its tenants to students that belong to the church is not in violation of the Fair Housing and Employment Act because ____
nonprofit religious organizations are exempt
Is the following a violation of the FEHA? Why/why not?
A widow, in need of additional income, places an advertisement requesting a single, older woman as a tenant because she believes she will feel comfortable only with that kind of tenant
FEHA doesn’t apply when part of a single-family owner-occupied home is rented to a single boarder and Rentals that involve shared living space may specify male or female tenants.
A local lender who charges higher loan fees for borrowers who arent white because the lender expects them to have a higher default rate is a violation of the ____ Act
Holden
The CA RE Law and the RE Commissioner’s regulations prohibit _____ by licensees
discrimination
A RE licensee who discriminates while performing a licensed activity will be subject to disciplinary action by the _____
Dept. of Real Estate
Penalties for a licensee who discriminates while performing a licensed activity:
1) license ___ or ___
2) fine up to $____
suspension; revocation
$10,000
Under the ____ regulations, all of the actions on the list shown here are prohibited if they’re based on race, color, religion, ancestry, disability, marital status, or national origin.
- Refusing to negotiate in a real estate transaction
- Refusing to show, rent, sell, or finance the purchase of real property
- Discriminating in the terms or conditions of a transaction
- Discriminating in providing services or facilities in connection with a transaction
- Representing that property is not available when it is in fact available
- Making any efforts to encourage or assist discrimination
- Refusing to cooperate with or assist another licensee
- Making an effort to obstruct, retard, or discourage a purchase
- Making an effort to coerce, intimidate, threaten, or interfere with another’s enjoyment of his or her civil rights
- Refusing to accept a listing
- Agreeing not to show or sell a property
- Publishing any advertisement that indicates discriminatory intent
- Establishing or implementing discriminatory rules for multiple listing services
- Using an application form or inquiry that indicates discriminatory intent
- Discriminating against the occupants of rental property
Commissioner’s
In most discrimination cases, a violation of the regulations in a residential transaction would also violate both the Federal ___ and California’s ____
Fair Housing Act;
Fair Employment and Housing Act
T/F: It is legal to provide a different level of service based on a potential buyer’s national origin, so long as you don’t refuse to work with the buyer
False
Discrimination in the provision of services in a real estate transaction violates ____ and ____
Commissioner’s regulations;
Unruh Civil Rights Act
Providing a different level of service based on a potential buyer’s national origin violates both state and federal fair housing laws if the transaction is ____ (prop tyoe)
residential
Discriminating based on marital status violates:
1)
2)
3)
1) RE Commissioner’s Regulations
2) Unruh Act
3) Fair Employment and Housing Act
T/F Anti-discrimination laws apply to any real estate licensee, not just agents in sales transactions
True
A property manager of a high-end pre-war appt building turns down a well-qualified applicant because she would need to have the bathroom doorway widened and the door replaced to make the unit fully usable.
The PM knows changing the unit’s vintage character would upset the owner so he turns the applicant down.
The property manager’s failure to rent violates what laws?
1) RE Commissioner’s antidiscrimination regulations
2) Unruh Act
3) Fair Employment and Housing Act
4) federal Fair Housing Act
A buyer is part of an ethnic group the agent doesn’t like - the agent presented their offer to the seller and the seller rejected it - the agent didn’t seek a counteroffer from the seller because of his feelings about the buyer’s ethnicity - instead he tells the seller it is pointless to try again with the buyer because the buyer isn’t interested.
This is both illegal discrimination and a violation of ____
fiduciary duties
ADA is a __(fed or state) law
Fed
public accommodation
places owned or leased by a private entity and open to the public
Who is responsible for removing barriers to accessibility?
The person who owns, leases, or operates a public accommodation
T/F: Modifications need to be made only in public areas, and only when they are “readily achievable.”
True
____ Act doesn’t apply to accommodations operated by nonprofit religious, fraternal, or charitable organizations, or when part of a single-family owner-occupied home is rented to a single boarder.
Fair Employment and Housing Act
In addition to paying damages to the injured party and/or paying a civil penalty, A violator of the Fair Employment and Housing Act may be ordered to ____ or ____ the property or a similar property to the injured party
sell or lease
EX: An agent is working with a buyer who belings to an immigrant group the agent is prejudiced against. He intentionally arranges to meet this buyer at odd, inconvenient times-for example, late in the evening or early on weekend mornings. He also slips out the back door when he sees this buyer coming into the office. Finally, the frustrated buyer goes to another agent.
Q: Did the agent’s conduct violate the Real Estate Commissioner’s regulations? Why?
Yes
Discrimination in the provision of services in a real estate transaction violates the Commissioner’s regulations
*Even though he didn’t refuse to work with the buyer, the agent provided a different level of service based on the buyer’s national origin
EX: An agent is working with a buyer who belings to an immigrant group the agent is prejudiced against. He intentionally arranges to meet this buyer at odd, inconvenient times-for example, late in the evening or early on weekend mornings. He also slips out the back door when he sees this buyer coming into the office. Finally, the frustrated buyer goes to another agent.
What anti-discrimination laws did the agent violate?
- the Commissioner’s regulations
- the Unruh Act
- if this is a residential transaction, the agent’s conduct also violates both state and federal fair housing laws
The ____ bans the consideration of race, color, religion, sex, marital status, national origin or ancestry, as well as trends, characteristics, or conditions in the neighborhood or geographic area where a house is located, with regard to the making of a real estate loan
Holden
Which act prohibits redlining?
The Holden Act
Redlining
The practice of disapproving real estate loans in economically or physically blighted
A lender refuses to make loans to real property in a certain part of a city. Which of the following statutes has the lender likely violated?
(A) The Truth in Lending Act
(B) The Real Estate Settlement Procedures Act
(C) The Federal Trade Commission Act
(D) The Holden Act
(D) The Holden Act
*Lenders must make lending decisions based on the merits of the borrower
Originally, the Fair Housing Act didn’t prohibit discrimination based on disability or familial status; these classifications were added to the law in the year ______
1988
A complaint must be filed with HUD within ____ year after the discriminatory act occurred.
1
The protected class of “familial status” in the federal Fair Housing Act refers to the presence of:
A. adult children of tenants living on the property
B. children under the age of 18 living on the property
C. persons over the age of 65 living on the property
D. unmarried persons living on the property
B. children under the age of 18 living on the property
Discrimination based on familial status refers to discrimination against someone because a child (a person under 18 years old) is or will be living on the property. In addition to parents, this rule protects legal guardians, pregnant women, and people in the process of obtaining custody of a child.
