Fair Housing Laws

Question 1

Basic goal of fair housing laws

Answer 1

Prevent discrimination in housing and to permit people to have an equal opportunity to live where they want to live.

Question 2

1866 Civil Rights Act

Answer 2

Prohibits discrimination in the purchase, sale, lease, or conveyance of real property on the basis of race or color.

Question 3

1866 Civil Rights Act - enforcement

Answer 3

Enforcement is accomplished by taking the case directly to federal court.

Question 4

Jones vs. Alfred H. Mayer Company

Answer 4

1968. Prohibited any discrimination on the basis of RACE by private individuals and the government in continuation with 1866 CRA. NO EXCEPTIONS.

Question 5

Fair Housing Act of 1968

Answer 5

AKA Title 8 of Civil Rights Act of 1968. Prohibited certain actions that were viewed as discriminatory wrt housing and specifically defined protected classes. Also included exceptions.

Question 6

Basis of Fair housing standards

Answer 6

1866 CRA
1968 Fair Housing Act
1974 Housing and Community development act
1988 Fair Housing Amendments Act

Question 7

Protected classes - FRESH CORN

Answer 7

Familial, Race, Equal, Sex, Handicap

Color, Opportunity, Religion, National Origin

Question 8

Fair Housing Poster

Answer 8

Created by HUD. Must be displayed in all real estate offices. Failure to do so is noncompliance and can be used as evidence of discrimination.

Question 9

Discriminatory actions based on FRESH CORN

Answer 9

• Flat out saying you wont rent
• Changing terms for rental/sale/service for different buyers/tenants
• Discriminatory advertising

Question 10

Discriminatory advertising

Answer 10

• Using certain words/phrases/pics

- Certain types of media that are only likely to been seen by targeted groups or not seen by certain groups

Question 11

Blockbusting

Answer 11

Encouraging people to sell their homes because of entry or potential entry into the community/neighborhood of a particular group of people (race/color). Illegal.

Question 12

Steering

Answer 12

Guiding/encouraging/inducing people to move to or stay away from a certain area or neighborhood. Illegal.

Question 13

Self-steering

Answer 13

Couple says show us houses “only in white neighborhoods”. Participating is illegal. You can only show them houses that meet their needs and financial situation.

Question 14

Redlining

Answer 14

Discrimination in the lending of mortgage money based on location regardless of personal income qualifications of borrower.

Question 15

Community Reinvestment Act in 1977

Answer 15

Created in response to redlining activities

Question 16

Protected classes - laws

Answer 16

1866 CRA - Protects against racial discrimination

1968 Federal Fair Housing Act - Protects race, color, religion, and national origin

1974 Housing and Community Development Act - Protects against sex (gender) bias

1988 Fair Housing Amendments Act - protects handicapped (includes AIDS and EtOHism) and familial status (kids)

Question 17

Exceptions to 1968 Federal Fair Housing Act - notes

Answer 17

• Even if exception is legal, a real estate agent cannot participate
• Discriminatory advertising cannot be used, even if it is legal

Question 18

Exemptions to 1968 Federal Fair Housing Act

Answer 18

• Age (housing may be intended for older ppl)
• Owner-occupied housing
• Private clubs: org that restricts its membership may provide restricted housing to its members
• Public-law occupancy standards:
• Religious org: housing sponsored by religious org may restrict housing to those of that religion
• Single-family housing

Question 19

Single-family housing exemption

Answer 19

• Owner must not own more than 3 units at one time

- No more than one house can be sold during every 2 year period

Question 20

1992 Americans with Disabilities Act (ADA)

Answer 20

Protects disabled ppl from discrimination and provides access to public spaces.

Affects public and commercial bldgs.

New multifamily housing of 4 or more built after Mar 13, 1991 to be handicapped accessible

Question 21

Fines for violating Fair Housing Act

Answer 21

Up to $10K for 1st offense
Up to $25K for 2nd offense within 5 yrs of 1st
Up to $50K for 3rd offense within 7 yrs of 1st

Question 22

HUD complaints - court

Answer 22

Ppl with HUD complaints can sue in federal civil court

Violations of 1866 CRA can be brought directly to federal court