Chapter 7: Federal and State Laws Flashcards

1
Q

The _____ Act of _____ prohibits discrimination based on race.

A

Civil Rights Act

1866

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

The _____ Act of _____, also called _____ prohibits discrimination based on race, color, religion, sex, or national origin.

A
Federal Fair Housing Act
1968
Title VIII
In 1974 Gender was added
People with disabilities and families with children were added in 1988
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Exceptions to the Federal Fair Housing Act of 1968 are:

  1. _____
  2. _____
  3. _____
  4. _____
A

owner does not use a broker
private clubs
owner-occupied 1-4 units
owned by churches or frats

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

The _____ of ______ expanded the Civil Rights Act to include: persons with limiting physical or mental impairments, drug addicts, persons with HIV/AIDS and recovering alcoholics, and women who are pregnant and people with children under 18.

A

Fair Housing Amendment

1988

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

true/false: HUD posters are required in all places of business, including model homes in subdivisions.

A

true

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

The fact that a property was the site of a homicide or suicide is ______ to be disclosed in a transaction.

A

not required

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Penalties for violating the Florida Fair Housing Act can range from _____ to _____ dollars.

A

$10,000

$50,000

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

A lease conveys _____ interest in real property, but does not convey ownership.

A

legal interest

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

true/false: A lease can be oral or written.

A

true

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

true/false: Lien foreclosure terminates a lease

A

true

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

true/false: Condemnation through eminent domain proceedings will terminate a lease

A

true

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

true/false: Bankruptcy of a tenant can cause termination of a lease

A

true

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

_____ and _____ of the lessor and lessee are required on a lease.

A

names and signatures

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Statute of Frauds requires a lease for more than 1 year to be _____ and _____ in order to be enforceable in court.

A

written and signed

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Real estate licensees can fill in the blanks on a residential lease form for periods covering _____ or less.

A

1 year

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

true/false: Landlords can commingle funds from their personal accounts if they post a surety bond with the clerk of the circuit court in the amount of total holdings, or $50,000, whichever is less and pay the tenant 5% simple interest.

A

true

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Landlords can place deposits in interest-bearing accounts and give the tennant ____% simple interest or ____% of the interest earned, at the discretion of the landlord.

A

5%

75%

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

If the landlord has no intention of making a claim on the security deposit, they have _____ days to return it.

A

15

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

If a landlord intends to make a claim on a security deposit, they have _____ days to notify the tenant.

A

30

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

A tenant has _____ days to object to a landlord’s claim on their security deposit.

A

15

21
Q

If a tenant does not object to a claim on their security deposit, the landlord has _____ days after the notice to impose the claim to return the remaining balance.

A

30

22
Q

Landlords must give tenants _____ hours notice before entering the premises, and can enter between ______a.m. and _____p.m.

A

12

7: 30 a.m.
8: 00 p.m.

23
Q

If a landlord does not make repairs to a unit within _____ days after receiving written notice, a tenant can terminate the lease or seek a temporary rate reduction.

A

7

24
Q

If default continues for _____ days after the landlord delivers a written demand for payment of rent, the landlord pay terminate the lease.

A

3

25
Q

A _____ lease is a fixed-rent lease. Usually residential.

A

gross

26
Q

A _____ lease is base rent plus all or a portion of the operating costs. Usually commercial or industrial.

A

net

27
Q

A _____ lease is base rent plus a percentage of gross sales. Usually malls and shopping centers.

A

percentage

28
Q

An _____ lease ties the rent amount to a nationally published index. Usually office space.

A

index

29
Q

A _____ is where a property owner sell the property to an investor, and then immediately leases the property back, freeing up capital.

A

sale-leaseback

30
Q

A(n) _____ is when a lessee transfers all the their leased space for all of the remaining time to someone else.

A

assignment

31
Q

A(n) _____ is when a lessee transfers less than 100% of the space they are leasing, or shorter than the remainder time, to another person.

A

sublease

32
Q

The _____ subleases the property to the _____.

A

sublessor

sublessee

33
Q

Florida do-not-call law provides for up to _____ fines.

A

$10,000

34
Q

Federal do-not-call law provides for up to _____ in fines and restricts calling between _____ a.m. and _____ p.m.

A

$11,000

8: 00 a.m.
9: 00 p.m.

35
Q

Buyers buying a house that was built subsequent to Jan. 1, _____ must be given a lead-based paint disclosure.

A

1978

36
Q

Any party buying, or leasing for a period of more than _____ days, must be given a radon gas disclosure.

A

45

37
Q

true/false: A disclosure must be included when there is a mandatory HOA.

A

true

38
Q

true/false: An “as is” provision in a purchase and sale contract prevents the seller from having to disclose any material defects of the property.

A

false

39
Q

true/false: A landlord can shut off utility services in order to try to receive rent.

A

false

40
Q

Inducing an owner to sell their property by telling them their neighborhood is deteriorating or because of an influx on minority persons is called _____.

A

blockbusting

41
Q

Is it illegal for an owner-occupier of one single-family home to refuse to rent a room to someone based on their race if they do not use a broker?

A

Yes

Racial discrimination is always prohibited based on the Civil Rights Act of 1866.

42
Q

_____ or _____ is directing someone towards or away from certain neighborhoods because of race, color, religion, sex, or national origin.

A

Steering or channeling

43
Q

_______ is the refusal by a lender to approve a mortgage on the basis of: geography, age of the property, income level of the residents, or racial composition of the area.

A

Redlining

44
Q

Representing that a dwelling is not available for rent or sale, when in fact it is, because of racial characteristics of the potential renter would be considered _____.

A

steering or channeling

45
Q

When a property is sublet, it creates what is called a _____ lease.

A

sandwich

46
Q

Who enforces the Fair Housing Act?

A

The United States Department of Housing and Urban Development enforces the fair housing act.

47
Q

Under ___, covered multifamily housing built and ready for occupancy after _____ __, 1991, must follow design requirements to ensure that housing is accessible to persons with disabilities. Covered housing applies to most public and private housing. Owner-occupied buildings with no more than ____ units, single-family housing sold or rented without the use of a broker, and housing operated by organizations and private clubs that limit occupancy to members are exempt from this provision.

A

Under ADA, covered multifamily housing built and ready for occupancy after March 13, 1991, must follow design requirements to ensure that housing is accessible to persons with disabilities. Covered housing applies to most public and private housing. Owner-occupied buildings with no more than four units, single-family housing sold or rented without the use of a broker, and housing operated by organizations and private clubs that limit occupancy to members are exempt from this provision.

48
Q

The _______ ______ _____ _____ _________ Act was passed by Congress in 1968 to protect consumers from the risk of fraud when purchasing or leasing land.

A

The Interstate Land Sales Full Disclosure Act was passed by Congress in 1968 to protect consumers from the risk of fraud when purchasing or leasing land.

Land developers must register developments of 100 or more lots with the Consumer Financial Protection Bureau (CFPB). And for developments of 25 or more lots, the developer must give purchasers a Property Report prior to the buyer signing the purchase agreement. The Property Report is a disclosure that details information about the subdivision. Developers who fail to comply with the disclosure requirements risk the buyers rescinding the contract.

49
Q

Florida’s Fair Housing Law protects the same 7 classes as the federal fair housing law and prohibits?

A

Florida’s Fair Housing Law protects the same 7 classes as the federal fair housing law and prohibits:
• Refusing to rent or sell housing.
• Falsely deny that housing is available for inspection, rental, or sale.
• Refusing to make a mortgage loan.
• Imposing different conditions or terms on a loan.
• Threatening, coercing, or intimidating any individual exercising a fair housing right.
• Refusing reasonable changes to a dwelling to accommodate a disability.