Ethical Practices and Fair Housing

Question 1

Prohibits any type of discrimination based on race.

Answer 1

Civil Rights Act of 1866

Question 2

Established the separate but equal doctrine of legalized racial segregation.

Answer 2

1896 Supreme Court Decision in Plessy v. Ferguson

Question 3

Prohibits discrimination in housing based on race, color, religion, or national origin.

Answer 3

Title VIII (8) of the Civil Rights Act of 1968

Question 4

Added sex to the list of protected classes.

Answer 4

Housing and Community Development Act (Fair Housing Act) of 1974

Question 5

Added disability and familial status to the list of protected classes. It also changed the penalties (more severe) and added damages.

Answer 5

Fair Housing Amendments Act (Fair Housing Act) of 1988

Question 6

Administers the Fair Housing Act by establishing rules and regulations. Distributes housing opportunity poster.

Answer 6

Department of Housing and Urban Development (HUD)

Question 7

Repealed the requirement that 55~and~older housing has “significant facilities and services” designed for seniors. Requires that at least 80% of occupants have one-person age 55 or older living there.

Answer 7

Housing for Older Persons Act (HOPA) of 1995

Question 8

A dwelling that includes a building or part of a building designed for occupancy as a residence by one or more families.

Answer 8

Housing

Question 9

One or more individuals under age 18 living with a parent or guardian, a woman who is pregnant, and anyone who is in the process of assuming custody of a child under age 18.

Answer 9

Familial status

Question 10

A physical or mental impairment.

Answer 10

Disability

Question 11

Racial discrimination is prohibited in the sale or rental of publicly or privately held property, whether facilitated by a real estate agent or sold or rented by the owner. Where race is involved, no exceptions apply.

Answer 11

1968 Supreme Court Decision in Jones v. Alfred H. Mayer Company

Question 12

• owner-occupied buildings with no more than 4 units
• single-family housing sold or rented without the use of a license
• housing operated by organizations and private clubs that limit occupancy to members

Answer 12

Exemptions to the Fair Housing Act

Question 13

Housing intended for persons 62 or older or occupied by at least one person 55 per unit is exempt from familial status protection.

Answer 13

Housing for older persons

Question 14

Promotes the establishment of a state registration system to maintain registration information on every person that violates children.

Answer 14

Megan’s Law

Question 15

Prohibits discrimination in the lending process based on race, color, religion, national origin, sex, marital status, or age of the receipt of public assistance in the granting of credit.

Answer 15

Equal Credit Opportunity Act (ECOA)

Question 16

Requires reasonable accommodations in employment and access to goods, services, and public buildings. Real estate brokers are often employers and offices are public spaces.

Answer 16

Americans with Disabilities Act (ADA)

Question 17

property that is covered by the Fair Housing Act

property that is exempt from coverage by the Fair Housing Act

Answer 17

ADA Exemptions

Question 18

An act of encouraging people to sell or rent their homes by claiming that the entry of a protected class of people into the neighborhood will have some sort of negative impact on property values. Also called “Panic Selling”.

Answer 18

Blockbusting

Question 19

Channeling of Homeseekers to particular neighborhoods or by discouraging potential buyers from considering some areas.

Answer 19

Steering

Question 20

The practice of refusing to make mortgage loans or issue insurance policies in specific areas for reasons other than the economic qualifications of the applicants.

Answer 20

Redlining

Question 21

HUD will determine that reasonable cause exist to bring a charge of illegal discrimination or dismiss the complaint.

Answer 21

Within 100 days of a complaint filed with HUD

Question 22

$11,000 for a first offense
$27,500 for a second offense within 5 years
$55,000 for a third offense within 7 years

Answer 22

HUD penalties

Question 23

Anytime within two years of the discriminatory act.

Answer 23

Parties may elect civil action in federal court when?

Question 24

Unlimited punitive damages
Actual damages
Injunctions

Answer 24

Federal court issued penalties

Question 25

$50,000 for 1st violation

$100,000 for 2nd and subsequent violation

Answer 25

Federal District Court (Attorney General files civil action) penalties

Question 26

A system of moral principles, and conduct that goes beyond merely complying with the law.

Answer 26

Ethics

Question 27

A written system of standards of ethical conduct. Standards of Practice are established by the National Association of Realtors (NAR) for realtor members.

Answer 27

Code of Ethics