Conflict of Laws Issues in Real Property Flashcards
Fair Housing Act (FHA)
The FHA prohibits discrimination in the sale, rental and financing of dwellings (homes, apartments, etc.).
It also prohibits advertising that states a discriminatory preference.
Covered = multi-family residential housing
Not covered = single family housing that is sold or rented without a broker, owner-occupied buildings with four or fewer living units, and religious organizations and private clubs.
Who is Protected:
- Race, color, religion, national origin, sex, disability and familial status (families with kids under 18 and pregnant persons) all protected traits.
What is Prohibited:
- refusing to rent, sell,. or finance a dwelling
requiring different rents
- falsely denying that a unit its available
- providing different services to facilities
FHA allows for both intent (disparate treatment) and effect (disparate impact) cases
Controlling Law in Cases of Real Property
The controlling law is based upon where the property is located (law of the situs)
When Is Law of the Situs Not Used
If the instrument run question designates an applicable jurisdiction
In cases involving;ving marriage, specifically with respect to classifying property as marital or desperate, the domicile of the party may override there law of the situs
In mortgage cases, where the mortgage documents require repayment to be made in another state
