CH. 5 Fair Housing Laws for Selling Real Estate Flashcards
1866 Civil Rights Act
Prohibited racial discrimination in the purchase, sale, lease, or conveyance of real property.
Jones V. Mayer
1968 court case that affirmed that the 1866 Civil Rights Act prohibited discrimination with no exceptions.
Is refusing to sell or rent legal?
NO
Is changing the terms for a rental, sale, or service for a specific group of people legal?
NO
What are HUD prohibited languages in advertising real estate?
Code Words, Catchwords, or Catch Phrases: “Exclusive”
Color: White or Black
Familial Status: Generally, refers to the presence of children. Marital Status is not a protected class; however, HUD prohibits advertising,” Married couples only.”
Handicap: “Property not suitable for a handicap person.”
National Origin: Use of words such as Italian, Mexican, and so on are prohibited.
Race: Caucasian or Asian for example.
Religion: Christian, Catholic, non- Christian, and so on.
Sex or Gender: Any gender preference words are prohibited. EXCEPTION: If someone wants to share a house or apartment with a roommate.
Use common sense, do not exclude people of any kind
Can you tell someone that a property is not available when in fact it is?
NO
What is Blockbusting?
Encouraging people to sell their homes because of the entry or potential entry into the community of a particular group of people. Based on the fear of the possible loss of property value.
What is Steering?
Encouraging people to move to or stay away from a certain area.
Examples:
” You wouldn’t be happy here.”
“ This is a good neighborhood.”
“White neighborhood”
Even if a buyer asks for a specific area such as one that speaks a certain language, this is still considered steering.
What is Redlining?
Discrimination in lending mortgage money based on location. This happens when a lending institution deems an area not eligble for a loan because of various reasons.
What are 1968 Federal Housing Laws designed to do?
Protect as many people as possible. These are “Protected Classes.”
When was the Civil Rights Act?
1866
What does the Civil Rights Act protect against?
It protects against racial discrimination.
When was the Federal Fair Housing Act Passed?
1968
What does the FFHA Protect?
Protects race, color, religion, and national origin.
When was the Housing and Community Development Act?
1974
What did the HCDA protect against?
Protects against sex (gender bias).
When was the Fair Housing amendment act passed?
1988
Who did the Fair Housing amendment act protect?
Protects the handicapped and familial status (presence of children).
Handicap includes persons with AIDS as well as alcoholics (not drug addicts).
What are all the protected classes?
Race, color, religion, national origin, gender, handicap conditions, and familial status.
Are those with criminal history part of a protected class?
While having a criminal history is not exactly considered being under a protected class, criminal history seems to disproportionately effect certain racial groups. If the criminal sentencing seems to fall harsh towards one certain group, using criminal history as a means to deny housing amounts to racial discrimination.
1968 Federal Housing Act Exemptions:
Age, Owner occupied housing, private clubs, public law occupancy standards, religious organizations, single family housing. ***NONE of these are permitted when race is the basis of discrimination
When was the Americans with Disabilities Act?
1992
What does the ADA do?
It requires there be access to all public spaces for those with a handicap. Multifamily homes with 4 units or more built after 1991 must be accessible all around for those with a handicap.
Inducing people to panic sell by telling them that a “lower- class immigrant group” is moving into the neighborhood is called?
Blockbusting
“Sorry, we don’t make any loans on houses in that neighborhood” is an example of?
Redlining
Mike the seller refuses to sell his house to a black couple. What law is he breaking?
1866 Civil Rights Act
Assuming you believe what you are saying is true, which of the following statements would be acceptable with respect to fair housing laws when shown to a family?
A. I think this neighborhood will suit you.
B. The school district here is top- notch.
C. There’s very little traffic on this street.
D. Our kind of people live on this block.
C. There’s very little traffic on this street.
Which of the following advertisements for a house for sale would be acceptable?
A. Quiet Christian Neighborhood
B. Fill your Easter basket with a new house.
C. Husband’s dream workshop
D. Two blocks from the local Episcopal church
B. Fill your easter baskets with a new house. (Easter and Christmas loss their religious context in HUDs determination).
The civil rights act is not enforced by:
A. HUD
B. Federal Courts
C. State Courts
D. The Federal Department of Justice
C. State Courts
Is refusing to make a mortgage loan to a black family with poor credit history legal?
Yes, money is the only legal basis for discrimination.
What federal law prohibiting discrimination has no exceptions?
Civil rights act of 1866
Groups defined by a characteristic and protected from discrimination by fair housing laws are called?
Protected classes
“You know those people move into a neighborhood; property values go down. You might want to list your house for sale soon.” What is this an example of?
Blockbusting
The law that designated handicapped and familial status as protected classes is the?
Fair Housing Amendments Act of 1968
Which Federal law identified protected classes?
Fair Housing Act of 1968
Lending institutions that refuse to make mortgage loans in specific geographical areas are engaging in the legal practice of?
Redlining
Telling a prospective buyer that “ They would not be happy” in a neighborhood is the illegal discriminatory practice of?
Steering
What law required banks to make mortgage loans and home improvement loans in their neighborhoods?
Community Reinvestment Act
What federal law added gender as a protected class in fair housing laws?
Housing and Community Development Act of 1974
________ is the law that regulates the registration of sex offender.
Megan’s Law
