Discrimination & Choice of Law (Conflict of Laws)

Question 1

The Fair Housing Act does what?

Answer 1

Prohibits discrimination in the sale, rental, and financing of dwellings.

Also prohibits ads that state a discriminatory preference.

Question 2

Who is covered under the FHA?

Answer 2

Multifamily residential housing

Question 3

Who is NOT covered under the FHA?

Answer 3

1. Single family housing sold/rented without a broker
2. Ms. Murphy boarding house (owner-occupied buildings with four or less units)
3. Religious orgs and private clubs

Question 4

What traits are protected under the FHA?

Answer 4

1. Race
2. Color
3. Religion
4. National origin
5. Sex
6. Disability
7. Familial status

Question 5

Under the FHA does sex include sexual orientation and gender identity

Answer 5

The law is in flux, though sex has recently been interpreted to include sexual orientation

Question 6

Familial status under FHA means…?

Answer 6

Families that have children under 18 or someone who is pregnant

Question 7

Disability provision mandates what kind of accommodation for persons with disabilities

Answer 7

REASONABLE

Question 8

What activities are expressly prohibited under the FHA?

Answer 8

1. Refusing to rent/sell/finance a dwelling
2. Requiring different rents
3. Falsely denying that a unit is available
4. Providing different services to facilities (except disabilities)
5. Stating a discriminatory preference in an ad

Question 9

What are the two FHA exemptions that CAN list restrictions in their ads?

Answer 9

1. Religious orgs
2. Private clubs

Question 10

True or false: FHA cases only address disparate treatment

Answer 10

False. Disparate Impact and Disparate Treatment == prohibited behavior must be linked to protected basis

Question 11

Controlling law in property cases is based upon —-?

Answer 11

Where the property is located (i.e., law of the situs)

Baseline choice of law for conflict between parties in more than one different states.

Question 12

When do we look to law of the situs?

Answer 12

Foreclosure (bank in another state)
Land contracts dispute
Equitable interests (trust property)
Intestate succession
Interpreting conveyances

Question 13

When does the law of the situs not apply

Answer 13

1. Instrument designates applicable jurisdiction
2. Cases involve marriage, re: classifying property as marital or separate
3. Mortgage cases, where mortgage docs require payments to be made in another state