Chapter 7: Federal and State Laws Flashcards
The _____ Act of _____ prohibits discrimination based on race.
Civil Rights Act
1866
The _____ Act of _____, also called _____ prohibits discrimination based on race, color, religion, sex, or national origin.
Federal Fair Housing Act
1968
Title VIII
Exceptions to the Federal Fair Housing Act of 1968 are:
- _____
- _____
- _____
- _____
owner does not use a broker
private clubs
owner-occupied 1-4 units
owned by churches or frats
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.
Fair Housing Amendment
1988
true/false: HUD posters are required in all places of business, including model homes in subdivisions.
true
The fact that a property was the site of a homicide or suicide is ______ to be disclosed in a transaction.
not required
Penalties for violating the Florida Fair Housing Act can range from _____ to _____ dollars.
$10,000
$50,000
A lease conveys _____ interest in real property, but does not convey ownership.
legal interest
true/false: A lease can be oral or written.
true
true/false: Lien foreclosure terminates a lease
true
true/false: Condemnation through eminent domain proceedings will terminate a lease
true
true/false: Bankruptcy of a tenant can cause termination of a lease
true
_____ and _____ of the lessor and lessee are required on a lease.
names and signatures
Statute of Frauds requires a lease for more than 1 year to be _____ and _____ in order to be enforceable in court.
written and signed
Real estate licensees can fill in the blanks on a residential lease form for periods covering _____ or less.
1 year
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.
true
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.
5%
75%
If the landlord has no intention of making a claim on the security deposit, they have _____ days to return it.
15
If a landlord intends to make a claim on a security deposit, they have _____ days to notify the tenant.
30
A tenant has _____ days to object to a landlord’s claim on their security deposit.
15
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.
30
Landlords must give tenants _____ hours notice before entering the premises, and can enter between ______a.m. and _____p.m.
12
7: 30 a.m.
8: 00 p.m.
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.
7
If default continues for _____ days after the landlord delivers a written demand for payment of rent, the landlord pay terminate the lease.
3
A _____ lease is a fixed-rent lease. Usually residential.
gross
A _____ lease is base rent plus all or a portion of the operating costs. Usually commercial or industrial.
net
A _____ lease is base rent plus a percentage of gross sales. Usually malls and shopping centers.
percentage
An _____ lease ties the rent amount to a nationally published index. Usually office space.
index
A _____ is where a property owner sell the property to an investor, and then immediately leases the property back, freeing up capital.
sale-leaseback
A(n) _____ is when a lessee transfers all the their leased space for all of the remaining time to someone else.
assignment
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.
sublease
The _____ subleases the property to the _____.
sublessor
sublessee
Florida do-not-call law provides for up to _____ fines.
$10,000
Federal do-not-call law provides for up to _____ in fines and restricts calling between _____ a.m. and _____ p.m.
$11,000
8: 00 a.m.
9: 00 p.m.
Buyers buying a house that was built subsequent to Jan. 1, _____ must be given a lead-based paint disclosure.
1978
Any party buying, or leasing for a period of more than _____ days, must be given a radon gas disclosure.
45
true/false: A disclosure must be included when there is a mandatory HOA.
true
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.
false
true/false: A landlord can shut off utility services in order to try to receive rent.
false
Inducing an owner to sell their property by telling them their neighborhood is deteriorating or because of an influx on minority persons is called _____.
blockbusting
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?
Yes
Racial discrimination is always prohibited based on the Civil Rights Act of 1866.
_____ or _____ is directing someone towards or away from certain neighborhoods because of race, color, religion, sex, or national origin.
Steering or channeling
_______ 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.
Redlining
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 _____.
steering or channeling
When a property is sublet, it creates what is called a _____ lease.
sandwich
