Fair Housing Flashcards
intended to create a marketplace in which persons of similar financial means have a similar range of housing choices.
Equal Opportunity in Housing
prohibits all racial discrimination in real estate transactions, with no exceptions, and was upheld in Jones v. Mayer in 1968.
Civil Rights act of 1866
defined by the U.S. Supreme Court to include ancestral and ethnic characteristics, including certain physical, cultural, or linguistic traits that are shared by a group with a common national origin.
Race
Title VIII of the Civil Rights Act of 1968
Federal Fair Housing Act
as amended, and prohibits discrimination in housing based on race, color, national origin, religion, sex, familial status, or disability.
Federal Fair Housing Act
added sex to the list of protected classes
Housing and Community Development Act of 1974
added disability and familial status to the protected classes
Fair Housing Amendments Act of 1988
repealed facilities and services requirements for housing intended for persons age 55 or older. Housing is exempt from familial status protection if it is restricted to persons age 62 or older, or if 80% of the units are occupied by persons age 55 or older.
Housing for Older Persons Act of 1995 (HOPA)
a physical or mental impairment that substantially limits one or more of an individual’s major life activities.
Disability
prohibits discrimination in employment and public accommodations. Access to facilities and services in commercial properties must be provided when reasonably achievable in existing buildings, with higher standards for new construction/remodeling. Exempt properties include those covered by federal fair housing laws.
Americans with Disabilities Act (ADA)
enforces the Fair Housing Act. A complaint must be brought within one year of the alleged act of discrimination. Within 100 days of filing a complaint that is not referred by HUD to a local enforcement agency, HUD dismisses or goes forward with a charge of illegal discrimination. Conciliation is the resolution of a complaint within 100 days of filing when a respondent promises to remedy any violation.
HUD
Someone who is the victim of discrimination under the Fair Housing Act may seek damages that can include noneconomic injuries, such as
humiliation
Under the Fair Housing Act, what is HUD’s first action on receiving a complaint of illegal discrimination?
Investigates for reasonable cause to bring a charge
A newspaper advertisement states, “One-bedroom apartment immediately available. Good neighborhood. Only able-bodied individuals should apply.” Which of these is TRUE?
The ad is not permitted under HUD’s advertising guidelines because it discriminates on the basis of disability.
The Fair Housing Act of 1968 became law as
Title VIII of the Civil Rights Act of 1968.
Complaints of discriminatory housing practices filed with HUD will be referred to a local enforcement agency if
the state or municipal law is substantially equivalent to the federal law.
What is one negative result of redlining?
It is often a contributor to the deterioration of older neighborhoods.
A suit may be filed in federal court by a person aggrieved by an alleged act of discrimination under the Fair Housing Act
within two years of the discriminatory act.
Which statement describes the Supreme Court’s decision in the case of Jones v. Alfred H. Mayer Company?
Racial discrimination is prohibited by any party in the sale or rental of real estate.
For fair housing purposes, what is the definition of the term disability?
An impairment that substantially limits one or more of an individual’s major life activities
Housing that qualifies for exemption from familial status provisions
includes a restriction that 80% of the units be occupied by persons 55 or older.
The Civil Rights Act of 1866 prohibits any limitation of property rights based on
race
Civil penalties for a violation of the Fair Housing Act
may not exceed $50,000 for a first violation and $100,000 for second and subsequent violations.
The Supreme Court decision that ended the separate but equal doctrine of legalized racial segregation was
Brown v. Board of Education.
A lender’s refusal to lend money to potential homeowners attempting to purchase properties located in particular ethnic neighborhoods is known as
redlining
Any aggrieved person who believes illegal discrimination has occurred may file a complaint with HUD
within one year of the alleged act.
The provisions of the ADA apply to any employer with at least
15 or more employees.
The 1896 U.S. Supreme Court case that upheld racial segregation in public facilities and the 1954 case that overturned it are
Plessy v. Ferguson and Brown v. Board of Education.
Buyers believe they have been victims of discrimination from a real estate broker. The buyers filed a complaint, and the next step is that
the buyers must prove that the discrimination occurred in order for an investigation to continue.
Which agency, upon receiving a complaint regarding a Fair Housing Act violation, investigates?
HUD
Why is the Civil Rights Act of 1866 unique?
It provides no exceptions that would permit racial discrimination.
