Chapter 17 Flashcards

Fair Housing

1
Q

Impact of Fair Housing Violations

Minimal question on exam
www.fairhousinginstitute.com

A

Civil and criminal violation
Disciplinary action against a licensee
Aplies to all parties ina transcation

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2
Q

For exam memorize this one with date

1866 Civil Rights Act

For exam memorize this one with date

A

Illigal to discrimintae on the basis of race - NO EXCEPTIONS

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3
Q

1968 Fair Housing Act
(race, color, religion, national origin)

A

IIlegal to discriminate in:
* sale or renting
* advertising
* financing
* brokerage services
* appraisal

Linden Johnson

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4
Q

1974 Gender Added

A

Sex

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5
Q

1988 Amendments

A
  • Handicapp
  • Familial Status

Marital status and age are not protected classes under fair housing

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6
Q

7 Protected Classes Under Fair Housing

A
  • Familial Status (kids under age of 18)
  • Race
  • Sex
  • Handicapp
  • Color
  • Religion
  • National Origin
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7
Q

TP

Prohibited Practices

Need to know for test

A

Blockbusting
Steering
Redlining

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8
Q

TP

Prohibited Parctices: Blockbusting

On test

A

Relates to SELLER.
ex: “Move now while you can before these xxx people move in”. Cannot say that.

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9
Q

Prohibited Practices: Steering

A

Relates to BUYERS.
Directing buyers to or away from a neighborhood based on a pprotected class.
ex: “You should live in this neighborhood becasue of xxx”.

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10
Q

Prohibited Practices: Redlining

A

Changing loan terms and conditions based on ethnic or racial makeup
Lender or mortgage industry violation
ex: chargiing higher rates in a certain area of protected class

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11
Q

Excusions from Fair Housing Compliance

A
  • Rental of rooms - owner occupied (1-4 families).
    ex: can say I do not want famils with children, handicap, etc. Does NOT apply to RACE.
  • Dwellings for religious organizations
  • Private clubs: memeber of golf club
  • FSBO excluded from all EXCEPT for RACE
  • Cannot own more than 3 properties
  • No broker involved
  • Cannot use discriminatory advertising
  • (does not apply to NC. In other states if not broker is involved or you own 3 or less you can pick and choose who lives in your property)

Does NOT apply to RACE.

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12
Q

1988

A

Addion of Disability (handicap)
“any physical or mental imparement that limits a persons abilities”

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13
Q

Assistive Animals

A

Has to be documented

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14
Q

TP

Accomodation

A

Expense is on owner or landlord
Need to allow for accomodations

know whos expense

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15
Q

TP

Modification

A

**Expense of renter
Landlord must allow renter to do at their own expense
ex: install grab bars in shower, ramp, etc.
Can be iin writing or oral

know whos expense

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16
Q

Familial Status (includes pregnant women and also people in process of adoption)

A

You cannot deny someone housing on the basis that they had or are going to have children

17
Q

TP

Standard Occupancy

A

Landlord cannot prohibit children but CAN have reasoonable restrictions to comply with zoninig, etc.

18
Q

Senior Communities (HOPA)

Do not need to know for test

A

Senior Community Rules
REsidents 62 or older - 100% of occupied
1 resident 55 and older - 80% of occupied households
Must verify persons age
Must advertose as senior living
Ebnfirced bu HUD

19
Q

ECOA

A

Applies ot lenders
Adds 3 more protected classes
Marital status
age
recept of public assisrance

20
Q

NC Fair Housing Act

A

No “for sale by owner” exemption
Onwer occupied rentals exempted
NC exempts single sex dormatories
Enforced by NCGRC

21
Q

TP

Time for Filing Complaints

know for tes

A

1 year to file
2 year to file private lawsuits

22
Q
A
23
Q

TP

ADA

A

Mandatory accessibility (parking spaces, zero grade entry, handicap restrooms)

Applies to public and commercial buildings

24
Q
A
25
Q

Home Ownership:
Tax Deductible Expenses

A

Dollar for dollar you can deduct
* Interest
* Real estate taxes
* Loan discount points (buy down rate)
* Loan origination fees

26
Q

Primary Residense:

A

You cannot deduvt insurance

27
Q

Capital Gains: Definition

A

Know terminology
What you bought the prooperty for a cost of acquisition (closing sosts)

Adjusted basis: basis + improvements
Amount realized: sales price - closing expenses
Gain: amount realized - adjusted basis

Capital improvements: items that are permanent and will increase the value of the property (new roof, new kitchen, remodle, etc.)

28
Q

Capital Gains: Exclusions

A

Own and occupy 2 out of the last 5 years (does not need ot be consecutive)

Gains are excluded from taxation
* $250,000 single
* $500,000 married

29
Q

Capital Gains: Non-Owner Occupied Property

A

Non-Owner Occupied
If owner DID NOT live in property 2 out of last 5 years
the gain is taxable
* Short term gain (12 months or less)
Capital gain tax is considered at ordinary income tax rate
* Long term gain (more than 12 months)
Capital gain tax is 15%

30
Q

1031 Tax Exchange

A

Investors may exchange properties
* Avoids immediate tax
* “Like kind” more real estate
* Must use and axchanger
* Holds and reinvests proceeds
* Strict timelines involved
* Cannot touch money

The “Exchanger: a company that holds the money you gain to reinvest. Closing attorney will know how to do this.