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
