Fair Housing Law Flashcards
What are the 7 federally protected classes?
Race Color Religion National origin Sex Familial Status Disability
What are the 15 MA protected classes?
Race Color Religion National Origin Sex Familial Status Martial Status Sexual Orientation Gender Identity/Expression Genetic Information Ancestry Age (40+) Veteran Status Public Assistance Status
The Americans w/ Disabilities Act (ADA)
After March 31, 1991, all new or renovated residential 4+ unit homes must have accessible design features for the 1st floor & any floor services by an elevator.
Reasonable modifications of residential rentals must be permitted by the landlord.
-Can be at the tenants expense.
-Can be required to be returned to original condition upon move-out.
How does the ADA effect commercial property?
Requires anything built of renovated after 1991 must be accessible.
- Business open to or that serve the public=public accommodations.
- Both the landlord & tenant are responsible under this law (lease may outline specific responsibilities).
Do pet policies apply to service/support animals?
No.
Tenants & owners w/ disabilities must be allowed to have assistance animals.
What is a service animal?
A dog (or miniature horse) trained to perform a specific task(s).
You can ask:
-Is it a service animal? (if it is not obvious)
-What task(s) does it perform? (as long as the task is not obvious)
NEVER ask what the person’s disability is.
What is a support animal?
Any animal a healthcare professional designates for emotional support.
You can ask:
For a note from the healthcare professional.
NEVER ask what the person’s disability is.
What is MA fair Housing law?
MGL 151B-Massachusetts anti-discrimination law.
- Originally passed in 1946.
- Covers more than just real estate (employment, lending, insurance, etc.)
In MA, can you discriminate against someone with children under 6 due to lead paint?
NO.
MA state law allows NO discrimination against those w/ children under 6 yrs. old due to lead paint requirements. No exceptions. Think Consumer protection.
Public assistance
Receiving housing or other government assistance.
In MA, can someone deny opportunity to someone based on their public assistance status?
No. In MA, discrimination based on use of public assistance is illegal.
-The source of someone’s income does not matter. Only their ability to pay.
Mass Housing Program
Provides financing for affordable housing.
Oversees affordable housing developments.
Provides low down payment loan options for 1st time home buyers.
Section 8
Federal program that provides housing assistance.
Voucher system that subsidizes rentals w/ private landlords.
All properties qualify if they are at or under the fair market value.
-Fair market rents are set by region & property type.
What is NEVER exempt from fair housing laws?
Exemptions are never allowed based on race (both federally &MA)
Exemptions are never allowed based on public assistance (MA only).
Advertising is never exempt.
Any activities by a licensed real estate agent are never exempt.-Must always follow Fair Housing law.
People who hire a real estate agent forfeit their exemptions.
What are the federal exemptions?
A private individual who owns less than 3 single family homes (cant have sold more than 1 in the last 24 months).
Rentals in owner-occupied 2-4 family homes.
Federally approved housing developments for seniors or retirees are exempt from familial status under the Housing for Older Persons Act of 1995.
