Chapter 20: Fair Housing and Ethical Practices

Question 1

Federal Fair Housing Act 1968

Answer 1

aka Title VIII of Civil Rights Act of 1968

prohibited discrimination based on

• race
• color
• religion
• national origin
• sex added 1974 Housing & Comm Dev Act
• Handicap added 1988 Fair Housing Amm Act
• Familial status added “ “

Prohibits discrimination against individuals because of their association with persons in protected classes.

Administered by Office of Fairy Housing and Equal Opportunity in Dept of Housing and Urban Dev (HUD)
- allows aggrieved person up to 1 yr to file
complaint.
- 100 days to file investigation & bring
charges
- distributes an equal housing opp poster.

Question 2

Exemptions to Federal Fair Housing Act

Answer 2

Selling Exemptions
* home is owned by individual who does not own
more than three such homes at one time.
- does not sell more than one every two years.
* a real estate broker is not involved in the
transaction
* Discriminatory advertising is not used.

Rental of Rooms
* owner occupied one family to four family dwelling

• units owned by religious organizations may be restricted to people of the same religion if membership in the organization is not restricted on the basis of the protected class.
• private club that is not open to the public may restrict the rental or occupancy of lodgings that it owns to its members as long as the lodgings are not operated commercially.

Question 3

Housing for Older Persons Act of 1995

Answer 3

allows exemptions from familial status protection.
* Housing intended for persons age 62 or older
* housing occupied by at least one person 55 years
of age or older per unit where 80% of units are 55
or older

Question 4

Jones v Mayer

Answer 4

Court says that a person that is discriminated against on the basis of race still may recover damages under the 1866 law.

Where race is involved, no exceptions apply

Question 5

Penalties for Federal Fair Housing Act

Answer 5

$10,000 for first offense
$25,000 for second offense
$50,000 for further violations within 7 years.

Civil penalties brought on by Attorney General

• not to exceed $50,000 for a first violation
• now to exceed $100,000 for other violations

Question 6

Equal Credit Opportunity Act (ECOA)

Answer 6

guarantees nondiscrimination in the granting of credit by protecting classes of persons similar to the Federal Fair Housing Act.

• race
• color
• religion
• national origin
• sex
• marital status
• age
• receipt of public assistance

Question 7

North Carolina Fair Housing Act of 1983

Answer 7

prohibits the same stuff as the Federal Act thus a violation of one will subject one to both federal and state penalties.

• does not Exempt private owners who sell their homes with a real estate broker.
• DOES exempt the rental of rooms in a private home occupied by the owner.
• DOES exempt the rental of a unit in a one to four unit residential building if the owner OR the owners family member lives in one of the units.
• DOES exempt the rental of rooms in a single sex dormitory.

ENFORCEMENT of NC Fair Housing Act
* complaint filed with NC Human Relations Comm.
- try to resolve through conference, conciliation,
or persuasion.

Question 8

Title I of the ADA

Answer 8

employers including real estate brokers make reasonable accommodations that enable an individual with a disability to perform essential job functions.
- 15 or more employees

Question 9

Title III of ADA

Answer 9

provides for the accessibility to goods and services for individuals with disabilities.

Question 10

ADA Property Exemptions

Answer 10

Property that is covered by the Fed Fair Housing Act

Property that is exempt from coverage by the Federal Fair Housing Act

note in an apartment community a rental office must make accommodations for all.