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Real Estate for Dummies > CH. 5 Fair Housing Laws for Selling Real Estate > Flashcards

CH. 5 Fair Housing Laws for Selling Real Estate Flashcards

1
Q

1866 Civil Rights Act

A

Prohibited racial discrimination in the purchase, sale, lease, or conveyance of real property.

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2
Q

Jones V. Mayer

A

1968 court case that affirmed that the 1866 Civil Rights Act prohibited discrimination with no exceptions.

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3
Q

Is refusing to sell or rent legal?

A

NO

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4
Q

Is changing the terms for a rental, sale, or service for a specific group of people legal?

A

NO

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5
Q

What are HUD prohibited languages in advertising real estate?

A

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

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6
Q

Can you tell someone that a property is not available when in fact it is?

A

NO

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7
Q

What is Blockbusting?

A

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.

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8
Q

What is Steering?

A

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.

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9
Q

What is Redlining?

A

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.

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10
Q

What are 1968 Federal Housing Laws designed to do?

A

Protect as many people as possible. These are “Protected Classes.”

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11
Q

When was the Civil Rights Act?

A

1866

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12
Q

What does the Civil Rights Act protect against?

A

It protects against racial discrimination.

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13
Q

When was the Federal Fair Housing Act Passed?

A

1968

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14
Q

What does the FFHA Protect?

A

Protects race, color, religion, and national origin.

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15
Q

When was the Housing and Community Development Act?

A

1974

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16
Q

What did the HCDA protect against?

A

Protects against sex (gender bias).

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17
Q

When was the Fair Housing amendment act passed?

A

1988

18
Q

Who did the Fair Housing amendment act protect?

A

Protects the handicapped and familial status (presence of children).

Handicap includes persons with AIDS as well as alcoholics (not drug addicts).

19
Q

What are all the protected classes?

A

Race, color, religion, national origin, gender, handicap conditions, and familial status.

20
Q

Are those with criminal history part of a protected class?

A

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.

21
Q

1968 Federal Housing Act Exemptions:

A

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

22
Q

When was the Americans with Disabilities Act?

A

1992

23
Q

What does the ADA do?

A

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.

24
Q

Inducing people to panic sell by telling them that a “lower- class immigrant group” is moving into the neighborhood is called?

A

Blockbusting

25
Q

“Sorry, we don’t make any loans on houses in that neighborhood” is an example of?

A

Redlining

26
Q

Mike the seller refuses to sell his house to a black couple. What law is he breaking?

A

1866 Civil Rights Act

27
Q

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.

A

C. There’s very little traffic on this street.

28
Q

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

A

B. Fill your easter baskets with a new house. (Easter and Christmas loss their religious context in HUDs determination).

29
Q

The civil rights act is not enforced by:

A. HUD
B. Federal Courts
C. State Courts
D. The Federal Department of Justice

A

C. State Courts

30
Q

Is refusing to make a mortgage loan to a black family with poor credit history legal?

A

Yes, money is the only legal basis for discrimination.

31
Q

What federal law prohibiting discrimination has no exceptions?

A

Civil rights act of 1866

32
Q

Groups defined by a characteristic and protected from discrimination by fair housing laws are called?

A

Protected classes

33
Q

“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?

A

Blockbusting

34
Q

The law that designated handicapped and familial status as protected classes is the?

A

Fair Housing Amendments Act of 1968

35
Q

Which Federal law identified protected classes?

A

Fair Housing Act of 1968

36
Q

Lending institutions that refuse to make mortgage loans in specific geographical areas are engaging in the legal practice of?

A

Redlining

37
Q

Telling a prospective buyer that “ They would not be happy” in a neighborhood is the illegal discriminatory practice of?

A

Steering

38
Q

What law required banks to make mortgage loans and home improvement loans in their neighborhoods?

A

Community Reinvestment Act

39
Q

What federal law added gender as a protected class in fair housing laws?

A

Housing and Community Development Act of 1974

40
Q

________ is the law that regulates the registration of sex offender.

A

Megan’s Law

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