Chapter 7: Federal and State Laws Pertaining to Real Estate Flashcards
Federal Fair Housing Laws
The ________ _______ ______ __ ____prohibits discrimination on the basis of race and was interpreted by the U.S. Supreme Court to prohibit all racial discrimination in the sale or rental of real property.
Civil Right Act of 1866
Federal Fair Housing Act
The Federal Fair Housing Act is officially titled the _______ ______ _____ __ ____
Civil Right Act of 1968
Federal Fair Housing Act
True or False
The Civil Right Act of 1968 expanded on the Civil Rights Act of 1866
True
Federal Fair Housing Act
What does the Civil Right Act of 1968 prohibit?
The discrimination in the showing, negotiation, sale, rental, or financing of a dwelling when based on race, color, religion, sex, or national origin.
Federal Fair Housing Act
What is not specifically prohibited under the 1968 Act but which may be covered under other civil rights statutes?
Marital status, age, and occupation
Federal Fair Housing Act
What is blockbusting?
Inducing an owner to list or sell on the basis that the neighborhood is deteriorating or becoming transitional due to an influx of minorities
Federal Fair Housing Act
What is steering or channeling?
directing an individual, directly or indirectly, into or away from a neighborhood or location in a multi-unit building on the basis of race, color, religion, sex, or national origin; using a sales pitch or catchword that are suggestive of race, religion, sex, or national origin
Federal Fair Housing Act
What is redlining?
Refusal by a lender (or insurance company) to approve mortgage (or insurance) based on a property being located in a certain geographical area, the age of the property, the income level of the residents, or the racial composition of the area
What is the name of the amendment that expanded the Civil Rights Act of 1968 to include handicap and family status?
The 1988 Fair Housing Amendment
American with Disabilities Act (ADA)
The ADA was passed in 1990. What was its purpose?
Providing same employment opportunities to qualified individuals w/disabilities that are available to persons w/out disabilities
American with Disabilities Act (ADA)
Owners of properties open to the public are required to remove barriers that ______ ______ or ___ to individual w/disabilities.
limit access or use
American with Disabilities Act (ADA)
For existing properties that do not comply with the ADA, the owners are required to make necessary modifications whenever such changes are __________ __________ and __________ __________.
readily achievable and economically feasible
accomplished w/out much difficulty or expense
Security Deposits and Advance Rents
What options and procedures does a landlord have for handling the security deposit and advance rent?
- Hold in a non-interest-bearing escrow account in Florida bank for tenant’s benefit; cannot commingle money
- Hold in an interest-bearing escrow account in Florida bank; tenant will receive 75% of the interest earned or 5% simple interest
- Post a surety bond w/clerk of court in the amount of money being held or $50,000 whichever is less; may commingle money under this circumstance; must pay tenant 5% simple interest annually
Return of Security Deposit
When the tenant vacates the property, the landlord has ___ days to return the security deposit including accrued interest when there is no intention f making a claim for damages.
15
Return of Security Deposit
When the tenant vacates the property, the landlord has ___ days to notify the tenant when he/she intends to make a claim for damages.
30
