Chapter 7 - Federal and State Laws Pertaining to Real Estate (4%) Flashcards
Section 7.1: FEDERAL FAIR HOUSING LAWS
:::STATE EXAM CONTENT AREA: VII.A: FEDERAL AND STATE FAIR HOUSING LAWS:::
***Civil Rights Act of 1866
*** Prohibits discrimination on the basis of RACE ONLY
*** Relates to right to inherit, purchase, lease, sell, hold and convey real and personal property
*** Applies to everyone, all the time with no exceptions
Section 7.1: FEDERAL FAIR HOUSING LAWS
:::STATE EXAM CONTENT AREA: VII.A: FEDERAL AND STATE FAIR HOUSING LAWS:::
***Civil Rights Act of 1968 (Federal Fair Housing Act)
*** Prohibits discrimination in sales, leasing, advertising, financing or brokerage services based on:
*** Race
*** Color
*** Religion
*** Sex
*** National Origin
*** Housing covered by the act include
*** Single family homes
*** Not privately owned
*** Privately owned if broker is involved
*** Privately owned if owner has 4 or more units
*** Privately owned if owner has sold 2 or more in last 2 years not owner occupied
*** Multifamily
*** 5 or more units
*** 4 or less unless owner occupies one
Section 7.1: FEDERAL FAIR HOUSING LAWS
:::STATE EXAM CONTENT AREA: VII.A: FEDERAL AND STATE FAIR HOUSING LAWS:::
***/**Civil Rights Act of 1968 (Federal Fair Housing Act)
***/** Specific violations:
***/** BLOCKBUSTING - inducing owners to sell based on the entry of members of a protected class moving into neighborhood
***/** STEERING (CHANNELING) – people into or away from a neighborhood or advertising using catchwords suggesting protected classes.
Section 7.1: FEDERAL FAIR HOUSING LAWS
:::STATE EXAM CONTENT AREA: VII.C: FEDERAL LAWS REGARDING MORTGAGE LENDING:::
***/**Civil Rights Act of 1968 (Federal Fair Housing Act)
***/** REDLINING - denying loans or insurance in certain neighborhoods based on the age of the property, income level of residents or racial composition
Section 7.1: FEDERAL FAIR HOUSING LAWS
:::STATE EXAM CONTENT AREA: VII.A: FEDERAL AND STATE FAIR HOUSING LAWS:::
***1988 Fair Housing Amendment (EXPANSION OF THE CIVIL RIGHTS ACT OF 1968)
*** Includes
*** People with physical or mental impairment that limit life activities
*** People with drug addictions
*** Persons with AIDS and recovering alcoholics
*** Persons with acquired immune deficiency syndrome (AIDS)
*** Women who are pregnant
*** People with children under age 18
***Familial Status Exemptions
*** Housing occupied by persons 62 years of age and older
*** Housing with 80% of the units are occupied by persons over the age of 55
*** Housing for elderly or poor that are financed or subsidized by state or federal government agencies
Section 7.1: FEDERAL FAIR HOUSING LAWS
:::STATE EXAM CONTENT AREA: VII.A: FEDERAL AND STATE FAIR HOUSING LAWS:::
Equal Housing Opportunity
All brokerage offices must display HUD’s Equal Housing Opportunity poster
Section 7.1: FEDERAL FAIR HOUSING LAWS
:::STATE EXAM CONTENT AREA: VII.A: FEDERAL AND STATE FAIR HOUSING LAWS:::
**Americans with Disabilities Act
Federal Law designed to remove barriers for disabled individuals
Includes employment and accessibility
Multifamily Dwelling Units must be constructed so common use portions are readily usable by all persons with disabilities
** For existing properties that do not comply with ADA, Modifications when readily achievable and economically feasible, which means easy to accomplish w/o much difficulty or expense.
Section 7.2: FLORIDA FAIR HOUSING ACT
:::STATE EXAM CONTENT AREA: VII.A: FEDERAL AND STATE FAIR HOUSING LAWS:::
Florida Fair Housing Act
HUD Exemption for Adult Communities
Solely occupied by persons 62 and older
AT LEAST 80% OF THE OCCUPIED UNITS ARE OCCUPIED BY AT LEAST ONE HOUSEHOLD MEMBER WHO IS 55 OR OLDER
False information will be assessed the following:
Administrative Fine of $500
Court fines $10,000 to $50,000
Stigmatized Properties - The fact that a property was or was suspected to have been the site of any of the following, is NOT A MATERIAL FACT that must be disclosed in real estate transaction.
AIDS or HIV
Homicide
Suicide
Death
Section 7.3: FLORIDA RESIDENTIAL LANDLORD AND TENANT ACT
:::STATE EXAM CONTENT AREA: VII.D.1-3: FLORIDA RESIDENTIAL LANDLORD AND TENANT ACT:::
**Part II - Residential tenancies
** Security deposits and advance rents
** Landlord must notify tenant within 30 days how deposit is being held:
** Florida non-interest bearing account
** Florida interest bearing account and pay the tenant either 75% of the earned interest or 5% simple interest
** May use the funds by paying 5% interest and posting a surety bond with the circuit court
*** NOTE: THE LANDLORD CANNOT COMMINGLE the funds with any other funds of the landlord
*** If landlord uses agent, deposits and advance rents must be in escrow account
*Exception to Act – landlords who rent fewer than 5 units not using real estate broker
Section 7.3: FLORIDA RESIDENTIAL LANDLORD AND TENANT ACT
:::STATE EXAM CONTENT AREA: VII.D.1-3: FLORIDA RESIDENTIAL LANDLORD AND TENANT ACT:::
**Part II - Residential tenancies
**Return of Security Deposit
** Tenant vacates premises
** 15 days to return if no claim on deposit
** 30 days notice if there is a claim on the deposit
Certified mail
Tenant must object within 15 days after receipt
No objection – landlord can deduct claim amount & return balance to tenant within 30 days after notice of claim
Section 7.4: OTHER STATE AND FEDERAL LAWS AFFECTING REAL ESTATE
**Telephone Solicitation Laws
** Federal list
** May call for-sale-by-owners (FSBO) if buyers are interested in purchasing
** MAY NOT solicit the listing
** Florida – OK to solicit the listing
Section 7.4: OTHER STATE AND FEDERAL LAWS AFFECTING REAL ESTATE
:::STATE EXAM CONTENT AREA: VII.B: FEDERAL LAWS REGARDING LAND AND THE ENVIRONMENT:::
State and Federal Environmental Laws
Many federal and state laws regulate environmental problems, providing funding for research and development, prohibit certain activities, and require permits for other activities.
Federal Laws include:
National Environmental Policy Act
Clean Air Act
Solid Waste Disposal Act
Federal Water Pollution control Act
Florida Laws include:
Beach and Shore Preservation Act
Drainage and Water Management Act
Salt Water Fisheries Conservation Act
Environmental Land and Water Management Act
Growth Management Act of 1985
