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Leasing License Exam > Chapter 4 > Flashcards

Chapter 4 Flashcards

Fair Housing Laws

1
Q

Housing Discrimination in America can be traced back to…

A

The first colonial settlements in the Jamestown colony of the early 1600’s…

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2
Q

Neither the Decl. of Independence nor the American Revolution…

A

Produced any rights or freedoms for Black Americans…

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3
Q

Prior to the Civil War the courts…

A

REFUSED to recognize any rights for any persons of African descent.

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4
Q

What does Article I of the U.S Constitution express?

A

That slaves are considered as three-fifths of a person for purposes of determining state population for representation in Congress.

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5
Q

In what year did the U.S Supreme Court rule that persons of African descent were not “citizens” and were not entitled to any rights, whether slaves or free?

A

1857 (in Dred Scott Vs. Sanford)

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6
Q

At the end of the Civil War what amendment was enacted to permanently abolish slavery and gave Congress authority to enact appropriate legislation for enforcement?

A

13th amendment

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7
Q

The first regulation of law following the enforcement of the 13th amendment, guaranteed property rights to all citizens regardless of race and provided that all citizens should have the same rights to inherit, purchase, sell or lease real and personal property. This is called…

A

The Civil Rights Act of 1866

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8
Q

What does the Civil Rights act of 1866 gurantee?

A

It guarantees property rights to all citizens regardless of race and that all citizens would have same rights to inherit, purchase, sell or lease real or personal property.

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9
Q

When was the 14th Amendment Ratified (Approved)?

A

1868

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10
Q

What does the 14th Amendment accomplish?

A

It prohibits STATE governmental discrimination.

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11
Q

What does the 15th Amendment Accomplish?

A

It prohibits racial discrimination by the FEDERAL gov’t

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12
Q

The 1866 law had no impact on…

A

Private Discrimination

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13
Q

What Did President Kennedy authorize in 1962?

A

The first federal anti-discrimination initiative of the 20th Century by way of the Equal Opportunity in Housing executive order.

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14
Q

What does the Equal Opportunity in Housing Order accomplish?

A

It prohibited discrimination in housing that was owned, operated or assisted by the federal gov’t. The order required federal agencies to actively prevent discrimination based upon race, color, creed or national origin.

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15
Q

Congress enacted Title VI of the Civil Rights Act in what year?

A

1964

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16
Q

What does Title VI of the Civil Rights Act accomplish?

A

It prohibits racial discrimination in programs receiving federal financial assistance.

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17
Q

What month and year was the Fair Housing Act enacted?

A

April of 1968

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18
Q

What does the Fair Housing Act accomplish?

A

This law banned discrimination on the basis of race, color, religion or national origin in most types of housing transactions along with including legal remedies to counteract discrimination. Including PRIVATE discrimination.

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19
Q

What was the second significant act that took place in JUNE of 1968, which impacted the housing market?

A

During Jones vs. Alfred H. Mayer Company, the US Supreme Court held that the Civil Rights act of 1866 ban private as well as governmental racial discrimination in housing.

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20
Q

Why is Jones vs. Alfred H. Mayer Co significant to Fair Housing Laws?

A

It banned private and governmental racial discrimination in housing.

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21
Q

The Fair Housing Act prohibits private discriminatory acts such as… (4)

A

1) refusal to rent or sell real estate,
2) discrimination during sale or rental transactions,
3) blockbusting
4) discrimination in real estate advertising.

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22
Q

In 1974, The Fair Housing act expanded to…

A

Prohibit discrimination on the basis of gender.

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23
Q

When were Section - 8 low-income housing programs created?

A

1974

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24
Q

When did President Reagan SIGN the Fair Housing Amendments Act?

A

September 13, 1988

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25
Q

When did the Fair Housing Amendments Act take effect?

A

March 12, 1989

26
Q

What two additional protected classes were added to the Fair Housing Act as a change to Title VII.

A

Families w/ children & Handicapped persons

27
Q

The Federal fair housing law is compiled of what elements?

A

The Fair Housing Act passed in 1968, along with amendments passed in 1974 and 1988

28
Q

What classes are protected in all states, under the Fair Housing Act? (7)

A

1) Race
2) Color
3) Religion
4) National Origin
5) Sex
6) Physical or Mental Handicaps
7) Familial Status

29
Q

The protected class involving physical or mental handicap include which conditions? (5)

A

1) hearing, mobility & visual impairments
2) Chronic Alcoholism
3) Mental Illness
4) Mental Impairments
5) AIDS related illness

30
Q

The protected class involving familial status include? (3)

A

1) An adult who lives w/ someone under age of 18
2) Someone Pregnant
3) An adult who has or will have custody of a child

31
Q

What is APPROPRIATE criteria when interviewing a prospective tenant?

A

1) Rent to Income ratio
2) Credit History
3) Rental History
4) Household Size

32
Q

PROHIBITED Questions you CANNOT ask are… (7)

A

1) Do you have a disability?
2) Have you ever suffered a serious illness?
3) Do you have a mental disability?
4) Are you able to live independently?
5) Have you ever used drugs or alcohol?
6) Have you ever filed any personal injury lawsuits or workers compensation claims?
7) How many children are in your family?

33
Q

PERMISSIBLE Questions you CAN ask are… (7)

A

1) Have you ever been convicted of any drug related or alcohol related activity?
2) Have you ever engaged in the sale of illegal drugs?
3) Do you currently engage in the use or sale of illegal drugs?
4) Are there any money judgements pending against you?
5) Have you ever declared bankruptcy?
6) Have you ever been evicted from a rental property?
7) How many ppl will be living in this rental property?

34
Q

If these questions to ONE prospect you must…

A

Ask ALL prospects the same questions..

35
Q

What are exemptions and limitations to the fair housing act? (7)

A

1) Private Owner
2) Religious Organizations
3) Private Clubs
4) Occupancy Standards
5) Drug Conviction
6) Health and Safety
7) Housing for Elderly

36
Q

What are the PRIVATE OWNER Exemptions?

A

1) The owner does not own more than 3 single family homes
2) Home is sold without the help of a real estate licensee
3) No discriminatory advertising used
4) The owner either was the most recent occupant of the home OR has not already used this “private owner” exemption during the previous 24 mos.
5) If owner maintains and occupies one of such living quarters as his/her residence (aka Mrs. Murphy’s boarding house rule)for buildings with 4 units or less.

37
Q

What are the RELIGIOUS ORGANIZATIONS Exemptions?

A

The FHA does not prohibit the limitation of sale, rental or occupancy in dwellings in non-commercial properties owned/operated by a religious organization, to persons of the SAME religion or from giving preference to such persons.

38
Q

What are the PRIVATE CLUBS exemptions?

A

FHA does not prohibit a private club from limiting rental/occupancy of /lodging to its members provided that club is not open to public.

39
Q

What are the OCCUPANCY STANDARDS Exemption?

A

FHA does not limit the applicability of any “reasonable” local, state or federal restrictions regarding the max number of occupants permitted to occupy a dwelling.

40
Q

What are the DRUG CONVICTION Exemptions?

A

FHA does not prohibit discrimination against a person b/c that person has been convicted, by any court of competent jurisdiction of the illegal manufacture or distribution of controlled substance.

41
Q

What are the HEALTH AND SAFETY Exemptions?

A

FHA allows a landlord to refuse to rent to a “handicapped” person if that person’s occupancy constitutes a threat to the health of other persons.

42
Q

What is the HOUSING FOR THE ELDERLY exemption?

A

FHA provides that the provisions regarding “familial status” do not apply to duly(properly) qualified “housing for older persons”. This means that qualified properties are not required to accept tenants who qualify, based on age, if the tenants have a minor living with them.

43
Q

All discriminatory acts covered by Fair Housing should be reported to… (1)

A

HUD - The Dept. of Housing and Urban Development

44
Q

What are the following steps taken after a complaint has been received?

A

1) The Complainant is notified
2) The Alleged Violator (or Respondent) is notified, and they are permitted to submit an answer
3) Complaint is investigated to determine if Act has been violated
4) The Complainant is notified if investigation cannot be completed w/i 100 days of it being received.

45
Q

How long do complainants have to file a complaint with HUD for an alleged violation?

A

One year

46
Q

This proposed agreement protects both the complainant and the public interest. If agreement is signed HUD takes no further action.

A

Conciliation Agreement

47
Q

If the Administrative Law Judge decides that discrimination has occurred the respondent can be ordered to… (4)

A

1) compensate complainant for actual damages
2) provide injunctive or equitable relief
3) to pay federal gov’t a civil penalty
4) pay reasonable attorney’s fees

48
Q

What happens If HUD has reasonable cause to to believe that a CONCILIATION AGREEMENT has been breached?

A

It will recommend that the U.S Attorney General files suit against breaching party.

49
Q

How many days must the case be heard in, if HUD believes discrimination has occurred?

A

120 days

50
Q

Who considers evidence from complainant and respondent in an administrative hearing?

A

Administrative Law Judge

51
Q

How long does the complainant have to file suit with federal or district court?

A

2 years (just as long as the complainant has not signed a conciliation agreement and the jALJ has not started a hearing)

52
Q

The Illinois Human Rights Act…

A

Protects additional classes of individuals that are not protected under federal law.

53
Q

The protected classes under the Illinois Human Rights Act AND Federal Law are… (7)

A

1) Race
2) Color
3) Religion
4) National Origin
5) Sex
6) Physical or Mental Handicap
7) Familial Status

54
Q

The Illinois Human Rights Acts, prohibits discrimination based on… (8)

A

1) Age
2) Ancestry
3) Sexual Orientation
4) Marital Status
5) Military Status
6) Unfavorable Discharge from Military
7) Order of Protection Status
8) Source of Income

55
Q

The Real Estate Licensees Act of 2000…

A

Contains provisions for disciplining Illinois licensees who violate fair housing laws.

56
Q

If a Licensee engages in discrimination, the Illinois Department of Financial and Professional Regulation may… (3)

A

1) Refuse to renew
2) Place Licensee on Probation
3) Reprimand or impose a penalty of $25,000 or less.

57
Q

When was The Americans with Disabilities Act enacted?

A

July 26, 1990

58
Q

This Act, It is the country’s first comprehensive civil rights law for the protection of persons w/ disabilities.This act is called the…

A

Americans w/ Disabilities Act

59
Q

Who is covered under ADA? (3)

A

1) A person who has a mental/physical impairment, that limits one or more major life activity.
2) A person who has a record of such impairment
3) A person who is regarded as having such impairment

60
Q

What does Title III of the ADA accomplish?

A

It prohibits all private entities that own, operate or lease a place of public accommodation from discrimination against an individual on the basis of disability.

61
Q

What is the maximum Civil Award for a first violation? Second Violation?

A

$55,000 for the first violation. $110,000 subsequent violations plus attorney fees.

Leasing License Exam (7 decks)

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