Ch 5 Section 3 Federal Fair Housing Laws Flashcards
The legislative goal since 1866 has been
To insure the rights of all American citizens to have an equal and fair opportunity to obtain housing
3 Federal Acts of Fair housing
- 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
Civil Rights Act of 1866
- 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
Federal Fair Housing Act of 1968 Title VIII of the Civil Rights act of 1968
Bans all preference, limitations, or discrimination based on residential dwellings and vacant land that is to be used for residential construction
The 1988 Amendments to the Fair Housing Act
Provided for stiffer penalties for violators, established an administrative enforcement mechanism, and expanded protection coverage to include handicapped and familial status as protected classes
Dwelling
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
Familial Status
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
Family Includes:
Single individuals whether male or female
Person
Includes 1 or more individuals, corporations, partnerships, associations etc.
Handicapped
With respect to a person a physical or mental impairment that substantially limits one or more of such persons major life activities
Private individual owners
Single family housing provided they do not own more than 3 single family houses at any one time
Private individual owner
Single family housing who do not occupy the house at the time of the sale or were not the most recent resident
Owner occupants
Who sell or rent rooms or units in multi family dwellings provided they contain 4 or fewer units
- known as the Mrs. Murphy exemption
Religious organizations
That own or control property may operate dwellings for the benefit of their members only
Private membership clubs
Clubs that are bona fide clubs may own and operate lodgings for their own members provided they are non-profit clubs
All Elderly Housing
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
Threat to health or safety exception
- 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
Occupancy restrictions
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
The Fair Housing Law provides protection against discrimination in following cases:
- 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
Multi-family dwelling of 4 or more units already existing or constructed for initial occupancy prior to March 12, 1991 must:
Allow handicapped persons to make reasonable modifications to existing living quarters and or common areas at the expense of the handicapped person.
Multi-family dwelling of 4 or more units for initial occupancy after March 13, 1991 must have the following :
- 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
Reasonable accommodations
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
Affirmative Marketing
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
Federal Fair Housing Law is administered by the _________________ under the direction of the _________________
Office of Equal Opportunity (OEO)
Department of Housing and Urban Development (HUD)
Who has the authority to initiate complaints on its behalf or on behalf of an aggrieved person.
HUD
