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Real Estate > Fair Housing > Flashcards

Fair Housing Flashcards

1
Q

HUD stands for:
A: Department Of Housing And Urban Development
B: Department Of Housing And Urban Management
C: Department Of Housing And Urban Dynamics
D: None Of The Above

A

A: Department Of Housing And Urban Development

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2
Q

Fair housing laws & Accessibility Laws

A
  • The Civil Rights Act of 1866
  • Title VI of the Civil Rights Act of 1964
  • Title VIl of the Civil Rights Acts of 1968 (Fair Housing Act)
  • Fair Housing Amendments Act of 1988 (FHAA)
  • Americans with Disabilities Act of 1990
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3
Q

Fair Housing

A

Federal Laws: * The first federal housing law of significance in the United States was
passed in 1866. * The Act prohibited race discrimination only, there were no
exceptions
* It made it unlawful to discriminate based on any of the following:
* Race
* Color
* Religion
* Sex
* National Origin

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4
Q

Fair Housing Act

A
  • The Fair Housing Act Provides protection against the following acts of discrimination
  • Refusing to sell, rent or negotiate
  • Altering terms of the sale or rental agreement
  • Advertising that excludes certain group
  • Denying the right to inspect
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5
Q

Federal fair housing prohibits:
A: Refusing To Rent
B: Refusing To Sell
C: Refusing To Paint The House
D: Both A & B

A

D: Both A & B

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6
Q

What is the Department of Housing and Urban
Development?

A

The Department of Housing and Urban Development is the principal Federal agency responsible for the following:
* Programs surrounding the Nation’s housing needs
* Fair housing opportunities
* Development of the Nation’s communities.

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7
Q

Housing Discrimination is illegal

A
  • The Federal Fair Housing Act prohibits:
  • Refusing to rent
  • Refusing to sell
  • Refusing to make available or negotiable
  • Refusing to make a mortgage loan or provide insurance
  • Impost different terms or conditions
  • Advertising in unlawful manner
  • Threaten or intimidate someone
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8
Q

Civil Rights Act of 1866

A
  • This act declared that anyone born in the United States is a citizen
  • They have all the same rights regardless of race and color
  • This gives all citizens the same right to inherit, buy, lease or sell property regardless of race and color
  • This was followed by segregation laws
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9
Q

Title VI of the Civil Rights Act of 1964
A: This Act Protects Individuals From Discrimination Based On Race, Color, Religion, Or National Origin From Programs
B: This Act Protects Only Certain Demographics Depending On Programs
C: This Act Allows Protection From Certain Programs Only
D: None Of The Above

A

A: This Act Protects Individuals From Discrimination Based On Race, Color, Religion, Or National Origin From Programs

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10
Q

Title VI of the Civil Rights Act of 1964

A
  • Federally- subsidized and public housing are covered by this law
  • This Act protects individuals from discrimination based on this race, color, religion, or national origin in programs or activities where federal financial assistance is received
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11
Q

Title VIl of the Civil Rights Act of 1968

A

This law makes it illegal to–
* Refuse to sell or rent to or discriminate against a person in terms, conditions, privileges /advertising
* You can not threaten or coerce anyone exercising a fair housing right
* You can not indicate any limitation or preference based on race, color, religion, national origin or sex ( this was added in 1974)

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12
Q

Housing for Older Persons Act of 1995

A
  • This Act removed the requirement that 55 and older housing have accommodations and services designed for the elderly.
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13
Q

Exemptions to the Fair Housing Act

A
  • Owner occupied buildings with no more than four units
  • Single-family housing sold or rented without the use of a real estate professional
  • Housing operated by organizations and private clubs that limit occupancy to members
    *The rental of rooms in an owner-occupied building of no more than four units
  • The sale or rental of a single-family home when fewer than three homes are owned by an individual and discriminatory advertising is not used and a real estate professional is not used in the transaction
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14
Q

Jones vs. Mayer

A

A supreme court ruling that held that the private individual could not discriminate because of race

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15
Q

Steering is:
A: The Practice In Which Real Estate Agents Guide Prospective Home Buyers Towards Or Away From Certain Neighborhoods
B: The Practice Where Brokerages Only Show To A Certain Clients Some Popular Areas
C: The Practice Where Agents Select The Home
D: All Of The Above

A

A: The Practice In Which Real Estate Agents Guide Prospective Home Buyers Towards Or Away From Certain Neighborhoods

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16
Q

1988 Amendment to the Fair Housing Act

A
  • The 1988 Amendment to the Fair Housing Act added two new protected classes. It was put in place by March 12, 1989.
  • You CANNOT discriminate on the basis of familial status (children who are under 18)
  • You CANNOT discriminate on the basis of someone being handicapped.
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17
Q

Federal Protected Classes

A
  • Color
  • Religion
  • National Origin
  • Familial Status
  • Handicap
  • Race
  • Sex
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18
Q

Different forms of Discrimination

A
  • Intentional Discrimination: Discrimination based on the person’s protected class
    Disparate Impact or Discriminatory Effect:
  • When a neutral procedure has a disproportionality negative impact on a protected class.
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19
Q

Housing Laws: What Else You Should Know

A
  • Fair housing laws do not guarantee a person a house which they cannot afford
  • Owners may set rents at the properties in which they own, based on their wishes
20
Q

familial status and the law

A

The Fair Housing Amendments Act of 1988 prohibits owners and managers from
* Refusing to rent to families with lots of children
* Putting unreasonable and unnecessary restrictions to use the facility for families
* Establishing restrictive and unnecessary rules

21
Q

Real Estate Settlement Procedure Act (RESPA)

A

This law was created to protect consumers, in another words, owners of one to four family residences, when obtaining a real estate loans.

22
Q

Blockbusting

A

“The practice of persuading owners to sell property cheaply because of the fear of people of another race or class moving into the neighborhood, and thus profiting by reselling at a higher price”

23
Q

Sherman Antitrust Act

A

“Sherman Antitrust Act, first legislation enacted by the United States Congress (1890) to curb concentrations of power that interfere with trade and reduce economic competition. It was named for U.S. Senator John Sherman of Ohio, who was an expert on the regulation of commerce”.

24
Q

Sherman Act

A

“One of the act’s main provisions outlaws all combinations that restrain trade between states or with foreign nations. This prohibition applies not only to formal cartels but also to any agreement to fix prices, limit industrial output, share markets, or exclude competition. A second key provision makes illegal all attempts to monopolize any part of trade or commerce in the United States . These two provisions, which comprise the heart of the Sherman Act, are enforceable by the department of justice through litigation in the federal courts”

25
Q

Redlining

A

The notion of refusing (insurance / loan) to someone because they live in an area that is considered low income/financial risk.

26
Q

Uniform Commercial Code (UCC)

A
  • The body of law regulates transfer of personal property
  • This law requires that the seller provide the buyer with a list of all personal property included I the sale of a business.
  • This is done to prevent fraudulent sale of part of a business
27
Q

Environmental Protection Agency (EPA)

A

The purpose of an environmental impact statement (ElS) also called an environmental impact report, is to show in one particular document about the environmental effects of a certain project

28
Q

Fair Housing

A

As an organization, what are some of the minimal
consequences if these laws are violated:
* Financial Penalties
* Bad Publicity
* Loss of Reputation
* Bad News Travels Fast

29
Q

Language Barriers

A

New HUD Requirements:
“Landlords cannot have policies or practices in place that have a negative impact on LEP individuals (such as refusing to work with people who don’t speak English well) unless there is a legitimate business need for the practice and no less discriminatory way to achieve it”

Landlords are required to provide translation services (using interpreters or translators)

30
Q

The American with Disabilities Act is
A: The Americans With Disabilities Act Of 1990 Is A Civil Rights Law That Prohibits Discrimination
B: The American With Disabilities Act Only Protects A Certain Class Of People
C: The Act To Provide Clients Homeownership
D: All Of The Above

A

A: The Americans With Disabilities Act Of 1990 Is A Civil Rights Law That Prohibits Discrimination

31
Q

Discriminatory housing practice means an act that is unlawful under section

A

804, 805, 806, or 818 of the fair housing act

32
Q

HUD

A

General Counsel means the general counsel of the Department of Housing and Urban Development

33
Q

To rent, includes

A

leases, subleases, to allow and grant rights to occupy the premises

34
Q

Lets discuss about Federally-Assisted Programs

A

Majority of the Federally- Assisted Programs fall into three different categories
* Tenant- Based Subsidies
* Public Housing Programs
* Funding for privately owned and managed properties

35
Q

Fair Housing | Compliance

A
  • Identify state and local fair housing laws that apply to the respective property
  • Constantly review the existing community and operating policies
  • Always look to improve policies
  • Always document the selection criteria that is used to approve applicants and have written documentation
  • Always treat everyone fairly and respectfully
36
Q

Fair Housing Advertising Guidelines

A

Please take a few minutes and review the guidelines pertaining to advertising which is attached to this course:
* 109.5 Policy. 109.10 Purpose.
* 109.15 Definitions.
* 109.16 Scope.
* 109.20 Use of words, phrases, symbols, and visual aids.
109.25 Selective use of advertising media or content.
109.30 Fair housing policy and practices.

37
Q

Professionalism when working with
Clients

A
  • Put relationships first
  • Be observant and ask questions
  • Think before you speak
  • Give your clients your utmost in care and courtesy
  • Appreciate the differences
  • Notice non-verbal cues
    *Dress appropriately and behavior
  • No sloppy behavior
  • Gum chewing
  • Slouching in a chair
  • Putting feet on table - all are serious breaches of etiquette
  • Time and Space - Always be punctual!
38
Q

HUD stands for:
A: Department Of Housing And Urban Development
B: Fair Housing Opportunities
C: Housing Regulations
D: None Of The Above

A

A: Department Of Housing And Urban Development

39
Q

Which of the following are responsibilities of the Department of Housing and Urban Development?
A: Programs Surrounding The Nation’s Housing Needs
B: Fair Housing Opportunities
C: Development Of The Nation’s Communities.
D: All Of The Above

A

D: All Of The Above

40
Q

The Federal Fair Housing Act Prohibits:
A: Refusing To Rent
B: Refusing To Sell
C: Neglecting Buyers
D: Both A & B

A

D: Both A & B

41
Q

The Federal Fair Housing Act Prohibits:
A: Refusing To Make Available Or Negotiable
B: Advertising In Unlawful Manner
C: Advertising In Specific Demographics Only
D: All Of The Above

A

D: All Of The Above

42
Q

The Federal Fair Housing Act Prohibits:
A: Refusing To Make A Mortgage Loan, Or Provide Insurance
B: Refusing To Make Available Or Negotiable
C: Marketing Collateral
D: Both A & B

A

D: Both A & B

43
Q

The Civil Rights Act of 1866:
A: This Gives The All Citizens The Same Right To Inherit, Buy, Lease Or Sell Property Regardless Of Race And Color.
B: This Gives The Rights To Only Certain Populations
C: Rent Adjustments
D: Both A & B

A

D: Both A & B

44
Q

What is the significance of Jones vs Mayer:
A: A Supreme Court Ruling That Held That The Private Individual Could Not Discriminate Because Of Race
B: Fair Housing Opportunities To All Individuals In Certain Populations Only
C: Marketing For Certain Demographics
D: None Of The Above

A

A: A Supreme Court Ruling That Held That The Private Individual Could Not Discriminate Because Of Race

45
Q

Federal Protected classes are:
A: Color
B: Religion
C: National Origin
D: All Of The Above

A

D: All Of The Above

46
Q

Federal Protected classes are
A: Race
B: Sex
C: Objections
D: Only A & B

A

D: Only A & B

47
Q

Always research what are the differences in fair housing laws in your communities, cities, states, and county’s.
A: True
B: False
C: Depends On The Situation
D: Depends On The Brokerage

A

A: True

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