Fair Housing Laws Flashcards
Basic goal of fair housing laws
Prevent discrimination in housing and to permit people to have an equal opportunity to live where they want to live.
1866 Civil Rights Act
Prohibits discrimination in the purchase, sale, lease, or conveyance of real property on the basis of race or color.
1866 Civil Rights Act - enforcement
Enforcement is accomplished by taking the case directly to federal court.
Jones vs. Alfred H. Mayer Company
- Prohibited any discrimination on the basis of RACE by private individuals and the government in continuation with 1866 CRA. NO EXCEPTIONS.
Fair Housing Act of 1968
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.
Basis of Fair housing standards
1866 CRA
1968 Fair Housing Act
1974 Housing and Community development act
1988 Fair Housing Amendments Act
Protected classes - FRESH CORN
Familial, Race, Equal, Sex, Handicap
Color, Opportunity, Religion, National Origin
Fair Housing Poster
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.
Discriminatory actions based on FRESH CORN
- Flat out saying you wont rent
- Changing terms for rental/sale/service for different buyers/tenants
- Discriminatory advertising
Discriminatory advertising
- 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
Blockbusting
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.
Steering
Guiding/encouraging/inducing people to move to or stay away from a certain area or neighborhood. Illegal.
Self-steering
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.
Redlining
Discrimination in the lending of mortgage money based on location regardless of personal income qualifications of borrower.
Community Reinvestment Act in 1977
Created in response to redlining activities
Protected classes - laws
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)
Exceptions to 1968 Federal Fair Housing Act - notes
- Even if exception is legal, a real estate agent cannot participate
- Discriminatory advertising cannot be used, even if it is legal
Exemptions to 1968 Federal Fair Housing Act
- 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
Single-family housing exemption
- Owner must not own more than 3 units at one time
- No more than one house can be sold during every 2 year period
1992 Americans with Disabilities Act (ADA)
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
Fines for violating Fair Housing Act
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
HUD complaints - court
Ppl with HUD complaints can sue in federal civil court
Violations of 1866 CRA can be brought directly to federal court
