Fair Housing Flashcards
Fair Housing: Areas of illegal discrimination - called protected classes.
7 FEDERAL Protected Classes:
pg 54
Real estate agents Can Really Sell Houses Fast Now
(Race, Color, Religion, Sex, Handicap, Familial status, National Origin)
***know this is federal and missouri included ancestry which is state.
- race
- color
- religion
- sex
- handicap (disability)
- familial status - not the same as marital status - this pertains to a parent with one or more children under under the age of 18 and also includes pregnant women.
- national origin - refers to country of birth
* **Also in the state of Missouri - Ancestry is a protected class. In some cases national origin & ancestry are the same.
1866 Civial Rights Act of 1866
prohibits racial discrimination in real estate sales. All citizens have the same rights to inherit, buy, sell, or lease all real and personal property. NO EXCEPTIONS TO DISCRIMINATION*
1968 Fair Housing Act of 1968
Unlawful to discriminate based on race, color, religion, or national origin when selling or leasing residential real estate.
1968 Jones vs Mayer -
Supreme court case in Missouri which reaffirms law of 1866 and prohibits discrimination on race in housing. - (everyone is allowed to build homes (race and color))
1974 Housing & community Development Act of 1974
Added gender (sex) - women are allowed to purchase homes.
1988 Fair Housing Amendments Act of 1988
Added mental or physical handicap and familial status (people with children under 18) or someone who is pregnant. - (went crazy in 88 and added mental disabilities
Is marital status a protected class?
NO it is not but familial status is.
pg 55
Blockbusting
inducing homeowners to sell or rent now because minority groups are moving into the area. This is also called panic peddling or panic selling.
Steering;
this is channeling of home seekers toward or away from particular areas on the basis of race, religion, country of origin, or other protected class. ie: want to live near italians so you take them to the hill in st. louis to look for houses. they need to tell you where they want to look or live.
Redlining
Refusing to make mortgage loans in specific geographic areas, regardless of the financial abilities of the individuals. - ie: like Florissant
Linguistic Profiling;
Discriminating based on the sound of a person’s voice
Walk away from the listing if…
if a seller asks you to not show a house to any of the protected classes in the fair housing act….race, color, religion, national origin, sex, familial status or handicap…REFUSE THE LISTING
Federal Fair Housing Poster
pg 58
Must be displayed in a publice area of a real estate office, property management office or in the case of new construction, the display unit.
Equal Housing Opportunity Logo
pg. 58
Note: the small house picture cannot be used without the words “equal housing opportunity” beneath it, but the words can be used without the small house picture. Is is NOT required but recommended agents include the logo in all advertising.
Equal Credit Opportunity Act
pg 58
Lending institutions must comply with the equal credit opportunity act. Protected classes under this act include: race, color religion, national origin, sex, marital status, age or because a person receives public assistance. Lenders are also reqired to display the logo for this.
The National Association of REALTORS Code of Ethics added two additional protected classes…
- Sexual Orientation - describes to whom a person is sexually attracted.
- Gender Identity - describes how one indentifies or expresses themselves.
Enforcement of Fair Housing Complaints -
Can make a complaint to:
pg 59
- Federal District Court
- Department of Housing & Urban Development (HUD) who will either:
————-Refer to a federal district court
————-Appoint an administravie law judge to hear the case. The administrative law judge can:
1. issue an injunction to make the party or
2. set penalties for guilty parties:
1st offense - $16,000
2 - $37,000 if another violation occurs w/i 5 years
3- $65,000 if 3 or more violations occur in 7 years. In addition, other financial penalties can be assessed. - The aggrieved party, w/o filing a complaint to HUD, may bring Civil Suit in Federal Court w/i 2 years of the alleged violation of the Act. However, if a complaint has been filed with HUD, the time period is 1 year.
- Complaints brought under Civil Rights Act of 1866 must be taken directly to federal court.
FEDERAL COURT is the mother of all courts
Fair Housing Exemptions:
Exemptions to Fair Housing Law of 1968 & 1988
The sale or rental of an owner-occupied residence is exempt if :
- the owner owns no more than 3 homes total
- the services of a broker or any other person who is engaged int eh business of selling or leasing real estate are not used.
- no discriminatory advertising is used.
Other exemptions include:
- rental units in an owner occupied 1-4 family dwelling. If the property is bigger there are no exemptions
- a non-profit religious organization can discriminate on a religious basis only
- a non-profit private club may restrict rental or occupancy of lodgings to members only
- familial status does not apply to recognized retirement buildings or projects wherein all occpants are 62 year of age or older
- **There are no exceptions for racial discrimination under the 1866 Civil Rights Act.
Fair Housing - Americans with Disabilities Act
This act states that tenants with disabilities must be permitted to make reasonable modifications to a property at their own expense. The landlord may require that the premises be restored to their original condition at the end of the lease term. Additionally, the tenant may be required to pay into an interest-bearing escrow account, over a reasonable period, a reasonable amount of money not to exceed the cost of the restorations.
Protection for the handicapped disabled Americans with disabilities
**A service animal must also be allowed, even if there is a no pets rule. They may not charge a pet security deposit-a service animal is not considered an animal, rather an auxiliary aid.
AIDS is under handicap. An agent may never disclose aids, even if directly asked by a potential buyer. People with AIDS are in a protected class.
Fair Housing - Americans w/ Disabilities Act - Requirements for Buildings
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Barbie broker has been approaching homeowners in the Willow run neighborhood trying to get them to sell by making representations regarding the potential entry of minority group members into the neighborhood. What is this an example of; A. Steering B. Blockbusting C. Channeling D. Fair housing
B. Blockbusting
A discrimination suit maybe filed in federal court by:
A A person aggrieved by racial discrimination
B The department of housing and urban development
C The state or county nondiscrimination officer
D The Federal housing administration
A A person aggrieved by racial discrimination
If the landlord prohibits pets, a seeing-eye dog used by a tenant may also be prohibited?
True or false
False
The practice of channeling families with children away from other buildings into an apartment building where other families with children reside is A. Most practical B. Blockbusting C. Redlining D. Illegal discrimination
D. Illegal discrimination
The civil rights act of 1866 prohibits any limitation of property rights based on
a. race
b. religion
c. sex
d. handicap
a. race
Under the federal law, families with children may be refused rental or purchase in buildings where occupancy is reserved exclusively for those at least how many years old?
a. 55
b. 60
c. 62
d. 65
c. 62
