Federal and State Fair Housing Laws Flashcards
Chapter 11
Civil Rights Acts of 1866
an outgrowth of the Fourteenth Amendment, it prohibits discrimination based on RACE and color in the sale and rental of housing. A federal court must handle complaints
Federal Fair Housing Act of 1968
amended in 1988 prohibits discrimination based upon race, color, religion, national origin, sex (added in 1974), familial status or handicapped (added in 1988). The SC fair housing law attempts to bring the SC Human Affairs laws into conformity with the Federal Fair housing Law.
Memory Aid - FRESH CORN
Familial Status, Religion, Sex, Handicapped, Color, Race, National Origin
Discriminatory Acts
- Discriminate in the sale or rent (refusing to sell or rent). 2. Discriminate on terms of sale of rental 3. Practice discriminatory advertising 4. cannot indicate property as not available when it actually is a means of discrimination
Fair Housing Act of 1968 prohibits
Blockbusting, Steering, Redlining,Denying participation
Blockbusting
panic peddling, scare tactics. Playing upon peoples fears or prejudices. Making statements, designed to induce owners to sell because of prospective entry of persons of a particular race, color, or creed
Steering
discriminating against the buyer. Channeling persons into or away from a certain area or subdivision in a discriminating manner
Redlining
The practice of lenders refusing to make loans in certain areas or neighborhoods, regardless of quality of the structure or the ability of the borrower to repay
Denying participation
in the MLS, professional organizations, or other facilities rated to sale or rental based on discrimination
Collusion
Agreeing to allocate real estate markets with other brokers. Not criminal acts, but grounds for license revocation
Exemptions to Fair Housing Laws
Religion groups having non-profit housing, Private clubs (as long as there is no discrimination in membership), Owner-Occupants of 1-4 residential units, Owners of single family homes (who own <3 rental homes, exception of race), Senior citizens retirement facilities.
Jones vs Mayer
A Supreme Court decision upholding the Civil Rights Acts of 1866 which prohibits all racial discrimination, private or public sale and rental property. Jones wanted a home in a segregated neighborhood, Mayer did not allow it.
HUD Poster Amendment
1972 amendment - If a broker was being investigated for supposed discriminatory practices, the mere failure to display the HUD poster at the office could be considered a prima facie (at first glance) evidence of discrimination
SC Fair Housing Law
Purpose to bring SC Human Affairs Law into conformity with the Federal Fair Housing Act of 1988 and to provide for procedures preventing multiple and duplicate investigations of housing discrimination complaints. Makes it unlawful to sell or rent a dwelling to any person because of race, color, religion, sex, handicap, familial status or origin.
Americans with Disabilities Act
Act of addresses rights of individuals with disabilities in employment and public accommodations
Stigmatized Property
A property that has acquired an undesirable reputation due to an event that occurred on or near it, such as a violet crime, gang-related activity, illness or personal tragedy. Some states restrict disclosure of information about stigmatized properties.
Broker & Salesperson Responsibilities
Know and Uplhold the laws. Companies should refuse listings with discriminatory restrictions and display the Equal Housing Logo
Code for Equal Opportunity
adopted by the National Association of Realtors, it sets forth suggested standards of conduct for realtors so they may comply with the letter and spirit of the law.
Code of ethics
outlines business ethics and statements of good practices. the purpose is to establish a standard of conducted that is better than that required by law.
Americans with Disabilities Act
signed by President George Bush in 1990, it is intended to protect individuals with disabilities from various forms of discrimination in employment, public services, transportation, public accommodations and telecommunication services.
Title 1 of the ADA
enforced by the Equal Employment Opportunity Commission, a qualified individual with a “disability” is defined as one who meets the skill, experience, and education and other job-related requirements of a position held or desired, and who with or without “reasonable accommodation” can perform the essential functions of a job.
Reasonable Accommodations
reserved parking spaces, level or ramped entrance, access to conference rooms, restrooms and cafeterias, widening doorways for wheelchair access, job restructuring, providing readers for blind employees, providing interpreters for conferences and training course for hearing impaired, scheduled modifications, etc.
Title III - Public Accommodations and Commercial Facilities of the ADA
prohibits discrimination against persons with a disability in places of public accommodation and commercial facilities. the new construction requirements apply to any facility occupied after January 26, 1993
