Ch 5 Section 3 Federal Fair Housing Laws

Question 1

The legislative goal since 1866 has been

Answer 1

To insure the rights of all American citizens to have an equal and fair opportunity to obtain housing

Question 2

3 Federal Acts of Fair housing

Answer 2

• enacted by the US congress
• foundation for Fair Housing Laws
• CIVIL RIGHTS ACT OF 1866
• FEDERAL FAIR HOUSING ACT OF 1968
• FAIR HOUSING AMENDMENTS ACT OF 1988

Question 3

Civil Rights Act of 1866

Answer 3

• act was upheld by Supreme Court in 1968 in the case Jones vs Mayer Co
  Prohibits any form of discrimination based on race that restricts the right to inherit, purchase, lease, sell, hold and convey real and personal property

Question 4

Federal Fair Housing Act of 1968 Title VIII of the Civil Rights act of 1968

Answer 4

Bans all preference, limitations, or discrimination based on residential dwellings and vacant land that is to be used for residential construction

Question 5

The 1988 Amendments to the Fair Housing Act

Answer 5

Provided for stiffer penalties for violators, established an administrative enforcement mechanism, and expanded protection coverage to include handicapped and familial status as protected classes

Question 6

Dwelling

Answer 6

Any building, structure, or portion thereof, or vacant land, except those designated as exceptions, that is occupied as, or designed or intended for occupancy as a residence by one or more families, and any vacant land that is offered for sale or lease for the construction or location thereon of any such building, structure, or portion thereof

Question 7

Familial Status

Answer 7

Means 1 or more individuals who hav not attained the age of 18 years who are domiciled w/
- a parent or another person having legal custody of such individuals or
- the designee of such parent or other person having custody with the written permission such parent or other person

Question 8

Family Includes:

Answer 8

Single individuals whether male or female

Question 9

Person

Answer 9

Includes 1 or more individuals, corporations, partnerships, associations etc.

Question 10

Handicapped

Answer 10

With respect to a person a physical or mental impairment that substantially limits one or more of such persons major life activities

Question 11

Private individual owners

Answer 11

Single family housing provided they do not own more than 3 single family houses at any one time

Question 12

Private individual owner

Answer 12

Single family housing who do not occupy the house at the time of the sale or were not the most recent resident

Question 13

Owner occupants

Answer 13

Who sell or rent rooms or units in multi family dwellings provided they contain 4 or fewer units
- known as the Mrs. Murphy exemption

Question 14

Religious organizations

Answer 14

That own or control property may operate dwellings for the benefit of their members only

Question 15

Private membership clubs

Answer 15

Clubs that are bona fide clubs may own and operate lodgings for their own members provided they are non-profit clubs

Question 16

All Elderly Housing

Answer 16

House for the elderly is exempt form the familial status protection if it falls into either one of the following 2 categories :

• residents to b 62 years of age or older
• one person in 80% of its units be 55 years of age or older

Question 17

Threat to health or safety exception

Answer 17

• Subsection 1988 Fair Housing Amendment requires that a dwelling be made available to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others

Question 18

Occupancy restrictions

Answer 18

Nothing in Title VIII limits the applicability of any reasonable local, state, or federal restrictions regarding the maximum number of occupants permitted to occupy of dwelling

Question 19

The Fair Housing Law provides protection against discrimination in following cases:

Answer 19

• Refusing to sell, rent, or finance after bona fide offer has been made
• refusing to deal or negotiate w/ any person
• Discrimination in quoting terms or conditions of sale or rental
• Advertising that indicates any preference, limitation, or discrimination
• Representing that any dwelling is not available for inspection, sale, or rental when it actually is available
• Steering members of a minority group away from certain neighborhoods, or toward certain neighborhoods
• Blockbusting : the illegal practice of inducing the sale of property or properties by overtly creating the impression that the neighborhood is about to change for the worse
• Redlining: the unfair denial of a mortgage loan or insurance policy
• Denying membership to multiple listings services or other service organizations related to the business of selling or renting dwellings

Question 20

Multi-family dwelling of 4 or more units already existing or constructed for initial occupancy prior to March 12, 1991 must:

Answer 20

Allow handicapped persons to make reasonable modifications to existing living quarters and or common areas at the expense of the handicapped person.

Question 21

Multi-family dwelling of 4 or more units for initial occupancy after March 13, 1991 must have the following :

Answer 21

• Public and common areas must be usable by the handicapped
• doors must allow passage of wheelchairs
• Premises must have accesible handicapped routes
• all units must conform to the access accommodations in multi-level buildings with elevators
• Ground floor units only must conform to the handicapped access requirements in multi-level buildings that have no elevator

Question 22

Reasonable accommodations

Answer 22

Changes in rules policies, practices, or services when such accommodations are necessary to afford a person with a disability the equal opportunity to use and enjoy a dwelling

Question 23

Affirmative Marketing

Answer 23

Amended in 1972 Title VIII requires that real estate brokers display HUD equal opportunities poster in all places of business, model home sites and other related locations

Question 24

Federal Fair Housing Law is administered by the _________________ under the direction of the _________________

Answer 24

Office of Equal Opportunity (OEO)
Department of Housing and Urban Development (HUD)

Question 25

Who has the authority to initiate complaints on its behalf or on behalf of an aggrieved person.

Answer 25

HUD