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Real Estate > FAIR HOUSING > Flashcards

FAIR HOUSING Flashcards

1
Q

Define Fair Housing

A

Fair housing laws prohibit discrimination in real estate based on a number of protected classes.

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2
Q

List Federal legislation Acts covering Fair housing

A
  1. Civil Rights act of 1866 - prohibits
    discrimination based on race
  2. Fair Housing Act of 1968 - common name for Title VIII
  3. The Housing and Community Development Act o 1974 added sex to list of protected classes
  4. Fair Housing Amendments Act of 1988 - protects people with disabilities
  5. Americans with Disabilities Act of 1990 addresses rights of people with disabilities
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3
Q

Protected classes

A
  • race
  • color
  • religion,
  • national origin
  • sex
  • mental or physical disabiliy
  • Martial Status
  • Familial Status
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4
Q

What did ADA instill in real estate?

A

March 31, 1991, all new and renovated residential 4+ unit homes must have accessible design features for the first floor, and any floors serviced by an escalator.

  • landlord may require the tenant to pay for the modifications
  • landlord can ask for the removal of items when tenant moves out
  • Adjusted time period of when rent is due if they need assistance from government
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5
Q

Commercial Properties and ADA

A

Commercial properties build or renovated after 1991 typically must also have ADA accessible design features such as public accommodation’s that fall under ADA

Both tenant and landlord are held responsible for compliance under law

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6
Q

ADA and Businesses

A

Contain ADA requirements with 15+ employees such as restaurants or hotels
both landlord and tenant must be held responsible

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7
Q

Service animals, and disabilites, what questions can a condo assoc. ask?

A
  1. If it is a service animal.

2. what task it performs

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8
Q

Public Assistance programs (protected class)

A

it covers people with housing assistance

- landlord cannot turn someone away

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9
Q

What are the two programs for public assistance programs

A
  1. Mass Housing

2. Section 8

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10
Q

MassHousing

A

An independent quasi public agency
provide financing for housing in MA

  • provide financing for affordable housing construction
  • oversees affordable housing developments

-provides low downpayment and affordable loans for first-time homebuyers.

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11
Q

Section 8

A

A federal program designed to provide renters with affordable housing via voucher system that subsidizes rentals provided by private landlords

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12
Q

Prohibited Activities by any party during real estate transaction:

A
  1. Refusing to work with someone
  2. Differentiating on terms or conditions
  3. Advertising in a discriminatory way
    falsifying availability (to avoid working with someone
    An example: if an agent pretends that a listing is sold to not work with a section 8 client.
  4. Blockbusting
  5. Steering
  6. Using covenants or restrictions to limit occupancy based on race (Shelley v. Kraemer)
  7. Prohibiting someone from joining professional real estate organizations
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13
Q

Blockbusting

A

Solicitation of property for sale or lease on grounds of alleged change in value to presence of certain people in the neighborhood
example: 1950’s agents would scare a predominantly white neighborhood by saying black people are coming to the area, scaring them away, and selling property to black people for much higher rates.

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14
Q

Steering

A

Steering prospective renters away from or towards certain areas based on the protected class.

Example real estate agent suggesting certain neighborhoods becase of partical race

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15
Q

Using covenants or restriction to limit occupancy on race

A

Prohibited behavior

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16
Q

Exemption from Fair housing

A
  1. A private individual who owns 3 or fewer single family houses, provided they have not sold more than one property in the past 24 months
  2. Rentals in owner-occupied two-family homes in MA.
    State and Federally approved housing development elsewhere, or 80% occupancy by people 55 yrs or older are exempt from housing laws regarding familial and age status
  3. Housing provided for non-commercial purposes to the members of a private club so long as the housing is neve open to public
    Roommates are not covered in fair house
17
Q

Penalties under Fair housing Law

A

Any person can file a complaints under HUD (Housing and Urban Development within two years of alleged discrimination

  • May send people out to test the accused landlord or real estate agent in order to prove a pattern
18
Q

Penalties under Fair Housing law by Administrative law judge

A
  • First violation - $16, 000
  • Second violation -$37, 500
  • Any repeated violations - $65, 000

MA filing against any agent (MCAD-Mass Commission Against Discrim)
- First violation - 60-day license
suspension
- Second violation - 90-day suspension

19
Q

Public Assistance Programs

A

public assistance status is a protected class under MA Fair Housing Law without exception. Real estate agents cannot refuse t work with someone because they receive public assist

20
Q

Exemption from fair housing protection expect for race and public assistance status.

A
  1. A private individual who owns 3 or fewer single-family houses
  2. Rentals in owner-occupied two-family homes in MA
  3. State and Federally approved housing developments for senior or retired homeowners
  4. Housing provided for non-commercial purposes such as private clubs, churches
  5. Roommates are not covered in fair housing laws
21
Q

MGL151

A

The statue that includes all protected classes in MA that fall under fair housing

22
Q

Civil Rights Act of 1866

A

Prohibits discrimination based on race

23
Q

Fair Housing Act of 1968

A

Extends the Civil Rights Act o 1964 protections of private housing; prohibits housing discrimination on the basis of race, color, religion, and national origin

24
Q

Housing and Community Development of 1988

A

Protections for pepole with disabilities (both mental and physical disability, including HIV/AIDS and drug or alcoho addiction, famiial status

25
Q

Americans with Disabilities Act of 1990

A

Adresses the rights of people with disabilities

26
Q

Fairs Housing Act and Amendments

A 
Seven total federally protected classes: 
race 
color
religion
national origin
sex (includes sexual harassment in housing gender identity)
disability (mental and physical)
familial status
27
Q

The biggest difference between a federal housing lawsuit and a HUD Administrative hearing is?

A

The federal lawsuit does not have limited damages

28
Q

Maximum damage in a fair housing complaint brought in federal court are?

A

Unlimited

as opposed to a HUD hearing

29
Q 
Which deed restriction would be invalid?
A. No Children
B. Residential properties only
C. Owner must keep home painted blue
D No Pets
A

A. No Children

30
Q

A Facebook advertisement for a members-only studio residence at a private men’s club lists, “only suitable or a single gentleman” Is this discriminatory advertising?

A

Yes, because the club is advertising against women, and sex is a protected class under fair housing

31
Q

HUD Penalties

A

1st offense: $16,000
2nd offense $37,500
3rd up to $65,0000

Real Estate (20 decks)

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