Fair housing Law Flashcards
Federal Fair Housing Law
Civil Rights Act 1866- prohibit discrimination based on race (no penalties)
Civil Rights Act of 1964/1968 (Fair Housing Act)- prohibit discrimination based on race, color, religion and national origin
Housing and Community Development Act of 1974- prohibits discrimination based on sex
Fair Housing Amendments Act of 1988- adds protections for the disabled, including those with HIV/AIDS, drug or alcohol addiction, and familial status (children)
Americans with Disabilities Act of 1990- Further addresses rights of the disabled; includes service animals
Under MGL 151B the Massachusetts protected classes are:
age, sex, marital status, sexual orientation, gender identity and expression, veteran status, race/color, religious creed, public assistance status, ancestry, disability (mental or physical), genetic information, national origin, and familial status. Discrimination against those with children under 6 due to lead paint is always prohibited, no exceptions.
Findings by the Massachusetts Commission Against Discrimination (MCAD) against an agent will result in
an automatic license suspension for 60 days. A second violation within two years results in a 90-day suspension.
1866 Civil Rights Act, per the supreme court case Jones v. Alfred H Mayer Co.
exemptions are never allowed for discrimination on the basis of race nor on public assistance status in Massachusetts. Real estate agents are always covered by fair housing laws, and are never exempt, even if the owner is exempt. Also, advertising is always covered by fair housing law.
Fair Housing Exceptions
o 55+ communities
o religious housing (Non-commercial)
o private clubs (Non-commercial, Non-public)
o Owner-occupied Multifamily Homes
♣ 1-4 for Federal
♣ 1-2 family homes for MA
o Landlords that own 3 or fewer single family homes as a private individual
o Does not apply to race or public assistance
o Agent not exempt from fair housing laws
