Federal in California fair housing laws Flashcards
The first case, Plessy, versus Ferguson from 1890s. This case set the stage for what would commonly be known as”———-“ doctrine
Separate but equal
Buchanan versus Warley case
1915 Buchanan try to sell Warly, a black man, a house in a white neighborhood
Warley did not want to buy a house again city ordinance
So Buchanan bought the keys and Supreme Court agreed with Buchanan .
“The color race has all civil rights of enjoyment… Enjoyed by white persons “
Jones versus Alfred H Mayer co
1968 Joseph Lee Jones, African-American, tried to buy a home from Alford, H Mayer, realtor company.
Alfred did not want to sell to Joseph because it was a private sale
The supreme court disagreed with the district courts, interpretation by the 14th amendment, as well as the 13th amendment to regulate against racial discrimination
“ separate but equal”, it’s not really equal. Segregation in public schools is unconstitutional.
Brown versus Board of Education
“ separate but equal” is sufficient. Segregation is allowable.
Plessy versus Ferguson
Rules the band certain races from living in certain areas are unconstitutional
Buchanan versus Warly
Discrimination is not allowed, even when you’re selling your own property
Jones versus mayor
Civil rights act of 1866
The first statute affecting equal housing opportunity, largely interpreted to prohibit racial discrimination.
US citizens, all legally able to buy, sell, convey, inherit, and possess property, as well as enter into contract
Executive order no. 11063
1962, President John F Kennedy, signed executive order 11063, which ended segregation in federally funded housing
Civil rights act of 1964
Prohibited discrimination based on race, color, national origin, and religion and programs receiving federal financial assistance. The act set the stage for the fair housing act.
Fair housing act, 1968
Prohibits discrimination based on race, religion, color, national origin in the cell or rental of residential real estate
US Department of housing and urban development HUD
A federal department, that addresses housing needs, homeless, and discrimination in housing
Housing and community development act of 1974
In addition to the fair housing act of 1968, sex was added to the protection class. Women endured sexual harassment and discrimination by landlords and sellers that made it difficult for them to obtain housing.
Equal credit opportunity act of 1974
Backed up the housing and community development act by requiring lenders to give business and consumers equal access to credit. Prohibits discrimination on the basis of race, color, religion, national origin, sex, marital status, or age, provided the applicant has the capacity to contract Lenders must offer reasons when rejecting applications
Must respond to all applicants within 30 days
Fair housing, amendments act
1988 added familial status, and disability to the protected classes list
Americans with disabilities act of 1990
Prohibits discrimination based on disability and programs, services, activities provided, or made available by public entities
Housing for older persons act of 1995
States that communities and facilities that meet certain criteria for providing housing to older persons are legally exempt from the familial status discrimination
Must have one person age 55 or older, residing in at least 80% of its occupied units
Exemptions to the fair housing act
Protect citizens from discrimination
- Owner occupied buildings with no more than four units
Mr. Murphy exemption, conversions of portions of home into a rental apartment to supplement income. cannot run ads. On any type of discrimination such as religion. Exemption doesn’t apply when a real estate agent represents this property owner
- Single-family housing, sold or rented without the use of a broker
Applies for a private individual owner, who doesn’t own more than three such single family homes at one time
- **Housing operated by organizations Private clubs that limit occupancy to members ** allowed to get preference or restrict occupancy, noncommercial housing, two individuals of the same religion ( doesn’t restrict members based on race, color, or national origin)
- Housing designated for senior use examples, and allows the basis of familial status . Senior housing must meet specific requirements to qualify for exemption _ HUD
-solely for person, 62 or older
-at least one person who is 55 or older and at least 80% of occupied units
Fair housing laws in order
- the civil rights act in the 1860s result of Civil War (Reese, and color)
- the 1960s civil rights federal fair housing act of 1968 (race, religion, national origin)
- feminism 1970s (sex was added via the housing and community development act
- family structures, single women, and workforce, disabilities 1988 requiring amendments, to the original fair housing act
- outdated staircase, small bathrooms, hindrances for wheelchairs 1990 rights for people with disabilities, allowing seniors for specific housing
familial status
Refers to the presence of children under the age of 18, who are members of the household, because of birth or adoption, or been legally placed in the household
Discrimination against this protected class includes placing limitations on the number of age of children in the family
And what circumstances would be allowed to exam fair housing?
- The property is owned by a religious organization or private club
- Residency in the condo complex is restricted to members of the organization that owns the complex
- Housing designated for senior use 62 and over or with at least 80% 55 and older
Filing a Fair House complaint
Office a Fair housing an equal opportunity. FHEO part of HUD
Online HUD
- What happened? Discrimination?
- Why do you believe discrimination occurred? Site has protected class status.
- Who do you believe discriminated against you? contact information
- where did this discrimination occur? This information should include address
- When did the discrimination last occur? Is discrimination continuous an ongoing?
What group is responsible for receiving fair housing complaints
The office of fair housing and equal opportunity
Complete process of filing a Fair Houseing complaint
- are complaints must be filed within one year from the time the suspect and discrimination occurred
- The complaint form ask for consumer to describe the alleged discrimination
- Complaints must specify the victims protected class status, who perpetrated the discrimination, and exactly where the discrimination occurred
- A Fair housing specialist is the first to review a victims claim
Prohibited Fair, House actions
Refusing to rent or sell housing
Refusing to negotiate for housing
Making housing unavailable
Setting different terms, conditions, or privileges for sale or rental for dwelling
Falsely denying that housing is available for inspection, Cell, our rental
For profit, persuading owners to sell or rent, known as blockbusting
Which protects class refers to a group of people who share common characteristics, typically physical characteristics, such as skin color?
Familial status
National origin
Race
Religion
Race
A mortgage lender has landed in hot water for fair housing discrimination. Which of these actions might have gotten the lender in trouble
- Denying a loan based on income to credit ratio
- Denying alone that was preapproved after the mother starts working to care for her baby
- imposing different interest rates based on credit scores
- Refusing to provide literature about loans to consumers with poor English language skills
Refusing to provide literature about loans to consumers with poor English language skills
Which act was the first to prohibit any exemptions for discrimination based on race or color?
- Civil rights act 1866
- Fair housing amendment act of 1988
- Federal fair housing act of 1968
- Housing for older persons act 1995
Civil rights act of 1866
The housing and community development act of 1974 added, which protected class to federal fair housing law?
- Color
- Disability
- Religion
- Sex
Sex
A husband and wife both consider themselves to be African-American, although the husband has much darker skin and hair than his wife. When the husband went to the Valley Falls apartment, managers, office to request a rental application, he was told there was no vacancies. The wife went in a day later and received an application. This may be a discrimination based on.
- Color
- national origin
- Race
- Sex
Color
Real estate licensees who want to uphold the fair housing act, should make a habit out of which of the following actions
- Disclose their protected status to all clients
- Present sellers with offers from people of same class so they don’t ask the licensees to discriminate
- Show buyers properties in neighborhoods where they are unlikely to experience discrimination
- Tell potential clients and their initial meeting that they are committed to upholding the fair housing laws
Tell potential clients and their initial meeting that they are committed to upholding fair housing laws
Which of these statements best represents what happens after a federal housing complaint is made?
- A Fair housing specialist will review the complaint
- An official housing discrimination complaint will be filed, and a fair housing specialist will be assigned to the case
- FHEO Full Contact alleged perpetrator together information
- HUD will review the complaint to determine if it’s valid
A fair housing specialist will review the complaint
Which act provide consumers with remedies, if they become victims of discrimination in the sale, rental, or financing of housing?
- Civil rights act of 1866
-Equal credit opportunity act of 1974
- Fair housing amendment act of 1988
- Housing and community development act of 1974
Fair, housing, amendment act of 1988
An illegal practice in which licensees our other encourage homeowners to self because of influx or expected influx of minorities in the area
Blockbusting
The practice of a lender to refuse to land in specific area, common often based on the minority make up of the area
Redlining
The illegal practice of nudging buyers away or towards specific area based on the presence or absence of protected class members in the area relative to the buyers
Steering
Consequences for violating, fair, housing law
- license suspension or revocation
- Lawsuits
- Damages, fines, and attorney fees
If you are ever threatened by someone who’s unhappy that you wouldn’t violate fair, housing law, who would you report the threat to
Law-enforcement
What is the term for the illegal practice of nudging buyers away from or toward a specific area based on the presence or absence of protected class members?
- Blockbusting
- Red lining
- Steering
Steering
What are additional protected classes in California?
Source of income
Sexual orientation, gender, identity, gender expression
Marital status and age
Acts of discrimination
- Refusal to sell, rent, or lease housing accommodations
- Refusal to negotiate for sale, rental, or lease of housing accommodations
- Representation that a housing accommodation is not available for inspection, Cell, our rental, when the housing accommodation is in fact available
- any other denial or withholding of housing accommodations?
- provision of inferior terms, conditions, privileges, facilities, or services in connection with those housing accommodations
- Harassment in connection with those housing accommodations
- Cancellation or termination of a sale or rental agreement
- provision of segregated or separated, housing accommodations
- Refusal to permit, at the expense of the disposal person, reasonable modifications of existing premises, occupied, or to be occupied by the disabled person
- Refusal to make reasonable accommodations in rules, policies, practices, or services when these accommodations may be necessary to afford a disabled person, equal opportunity to use and enjoy a dwelling
Exemptions of housing discrimination
- refusal to rent or lease a portion of or on her occupied single-family house to a person as a roomer or border living with in the household, provided that no more than one roomer or for her, is to live within the household, and the owner complies with subdivision section 12955, which prohibits discriminatory, notices, statements and advertisements
- Where the sharing of living areas is a single dwelling unit is involved, the use of words, stating or tending to imply that the housing being advertised as available only two persons of one sex
Unruh civil rights act
Provides protection from discrimination by all business establishments in California, including housing in public accommodations
All persons, free and equal, no matter what, sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, or sexual orientation, are entitled to full and equal accommodations, advantages, facilities, privileges, or services in all business establishment of every kind whatsoever .
What remedies are available for victims of discrimination?
Statutory damages
Out-of-pocket expenses
Cease and desist orders
Damages for emotional distress
Punitive damages
Attorney fees and costs
Including the maximum a three times the amount of victims actual damages
What is not covered under the Unrah civil rights act?
Religious organizations, they are not business establishments
What should discriminated victims do?
Persons who believe they have experience discrimination may a DFEH COMPLAINT which must be filed within one year of alleged discrimination. Persons wishing to file directly and Kohrdt do not need a “ right to sue”” letter from department of fair employment and housing
DFEH complaint process
Filing a complaint within one year
DFEH reviews the inquiry investigator calls the complaint tent within 60 days of the complaint, filing and conduct an interview gathering more facts and supporting documentation about the incident. Dismiss or except. The form is sent to the respondent the party, accused of discriminatory behavior, who has 30 days to respond
dispute resolution encouraged parties may negotiate a resolution. DFEH offers free mediation services.
The investigation continues if respondent did not break California law, the case is closed. If law was broken, the case moved to DFEH, legal division, mandatory mediation
Remedies and penalties, punitive damages, damages, due to emotional stress, recovery of monetary loss. Prohibition of the discriminatory practice, mandatory training, policy changes, access to housing or reasonable accommodations.
Steps for DFEH complaint process
A formal complaint is served by the accused party filing
If no violation is found, the case is closed inquiry investigation
DFEH explores options to resolve the complaint outside of court
pursuit of resolution
DFEH litigates the case litigation
The final step, and which damn just may be awarded remedies
What a complaint reaches the litigation, which entity here’s the case?
Civil court
The fair employment and housing commissions, investigated discrimination cases
The housing financial discrimination act of 1977
Fair lending notice
Notifies mortgagors that is illegal for financial institutions to discriminate on the basis of a protected class, or on the basis of characteristics of the neighborhood
Illegal discrimination under the Holden act
Quoting a higher mortgage interest rate to Ameri couple, because they’re dual income enables them to pay more
Legal discrimination under the Holden act
Refusing to provide a mortgage loan to recent divorced woman, who just filed bankruptcy
Illegal discrimination under the hold an act
Refusing to provide a mortgage loan to a customer who wishes to buy a home in a neighborhood with a high rate of foreclosures
Coding a higher mortgage interest rate to American couple, because their dual income enables them to pay more
Which of these actions are examples from California’s fair, employment, and housing act?
- A man post a classified ad stating he is looking for a male Roommate to share his two bedroom one bathroom apartment
- An apartment manager assigned minorities to one building
- An apartment manager refuses to allow an assistance animal in a building with a no pets policy
- A woman advertises her single-family residence for lease and says, “no minorities allowed”
Eman posts a classified ad stating he’s looking for a male Roommate to share his two bedroom, one bath apartment
Which one of these classes is protected under the California fair housing law
Convicts
Drug addicts
Smokers
Source of income
Source of income
Which of these statements about the Unruh civil rights act is true?
- The act provides for a variety of remedies, including court order damages up to five times the victims actual damages
- The act provides for a variety of remedies, including court order damages up to 3 times the victims actual damages
- The act provides for a variety of remedies, including court order damages, up to two times the victims actual damage
- The act specifies that the victims of discrimination may not be reimbursed for attorney fees
That provides for a variety of remedies, including court order damages, up to three times the victims actual damages
How does the department of fair employment and housing complaint process begin?
- A pre-complaint questionnaires completed by the complaints lawyer
- Complaints fill out a pre-complaint inquiry form and then are contacted by the DFEH to arrange a telephone interview to gather more information
- Complainants fill out a formal complaint form on the DFEH website
- Someone who has complaints calls the DFEH to schedule an interview. If the interviewer deems the complaint to be valid, they give the complaint tent a questionnaire to fill out.
Complaint is fill out a pre-complaint inquiry form and then are contacted by the DFEH to arrange a telephone interview to gather more information
Identify the action that is illegal under the California FEHA
- A lender refuses to make loans to someone with a recent bankruptcy
- A local city council decides to rezone a neighborhood from residential to commercial to prevent a housing development, and at families who receive housing assistance
- An apartment manager refuses to prevent water beds in any building units
- Sheala refuses to rent to tenants with poor credit history
A local city council decides to rezone a neighborhood from residential to commercial to prevent a housing development, aimed at families who receive housing assistance
What is the purpose of the fair lending notice?
- To disclose the demographic characteristics of approved mortgagors by the bank over the past five years
- To explain that financial institutions have the right to refuse to provide loans on homes in neighborhoods with historically high rates of foreclosure
- To notify mortgagors of their rights to equitable interest rates
- To notify mortgagors that it is illegal for financial institutions to discriminate on the basis of a protected class, or on the basis of characteristics of the neighborhood
To notify mortgagors that is illegal for financial institutions to discriminate on the basis of a protected class, or on the basis of the characteristics of the neighborhood
During which step of the DFEH complaint process does the DFEH explore options to resolve complaint after a violation of the law has been found?
- Investigation
- Litigation
- Pursuit of resolution
- Remedies
Pursuit of resolution
DFEH offers mediation as a free and one time saving way to pursue dispute resolution
The Unruh civil rights act requires “ full an equal accommodations, advantages, facilities, privileges, or services in————— business establishment”
All
For profit
Nonprofit
Privately owned
All
