Fair Housing Laws Flashcards
Civil Rights Act of 1866
The OG fair housing statute prohibits discrimination in housing based on race. The prohibition relates to selling, renting, inheriting, and conveying real estate.
Executive Order 11063
The Civil Rights Act of 1866 was not being enforced, so JFK signed this in 1962 to prevent discrimination in residential properties financed by federal FHA and VA loans.
Civil Rights Act of 1968 Title VIII (Fair Housing Act)
Title VIII of the Civil Rights Act of 1968, known today as the Fair Housing Act, prohibits discrimination in housing based on race, color, religion, or national origin. The Office of Fair Housing and Equal Opportunity (OFHEO) administers and enforces Title VIII under the supervision of the Dept of Housing and Urban Development (HUD)
New Fair Housing Regulation: “Equal Access to Housing in HUD Programs - Regardless of Sexual Orientation or Gender Identity”
Ensures equal access to housing for all Americans regardless of sexual orientation or gender identity (2012).
- Requires housing be made available without regard to sexual orientation or gender identity
- Prohibits lenders from using sexual orientation or gender identity as a basis to determine a borrower’s eligibility for FHA-insured mortgage financing
- All eligible families regardless can participate in HUD programs
- Prohibits owners and operators of HUD-assisted housing from inquiring about the sexual orientation or gender identity of an applicant
Discriminatory misrepresentation
May not conceal available properties, represent that they are not for sale or rent, or change the sale terms for the purpose of discriminating. Ex: informing a minority buyer that the seller decided not to carry back second mortgage financing when they really did
Discriminatory advertising
An agent may not advertise residential properties as to restrict availability to anyone
Providing unequal services
May not alter the nature or quality of brokerage services based on race, color, sex, national origin, or religion
ex: not showing the latest MLS publication to certain people
Steering
Channeling customers toward or away from homes or neighborhoods
Blockblusting
Inducing owners in an area to sell or rent to avoid an impending change in the ethnic or social makeup of the neighborhood that will cause values to go down
Restricting MLS participation
Restricting multiple listing service based on identity
Redlining
Refusing to make loans on properties in a certain neighborhood regardless of a mortgagor’s qualification
Title VIII exemptions
1) Privately owned single-family homes where no broker or ads are used
2) Rental of an apartment in a 1-4 unit building where the owner is also an occupant, provided ads are not discriminatory
3) Facilities owned by private clubs and leased non-commercially to members
4) Facilities owned by religious orgs and leased non-commercially to members
Jones v Mayer
1968 ruling that all discrimination in selling or renting residential property based on race is prohibited under the Civil Rights Act of 1866. Even while the Federal Fair Housing Act has exemptions, anyone who feels victimized may seek legal recourse under the 1866 law
Equal Opportunity in Housing poster
1972 HUD rule that all brokers display a standard HUD poster that affirms the broker’s compliance with fair housing laws
Amendments & exceptions
Discrimination based on sex, handicapped persons, and families with children, and age
Except:
- In government designated retirement housing
- Retirement communities if all residents are 62+
- Retirement community if 80% of dwellings have one person who is 55+, provided there are amenities for elderly residents
- In residential dwellings of 2-4 units if one of the units is occupied by the owner
- In single family houses if sold or rented by owners who have no more than 3 houses
