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SCREC PM EXAM > FEDERAL LAWS > Flashcards

FEDERAL LAWS Flashcards

1
Q

CIVIL RIGHTS ACT OF 1866

A

ALL CITIZENS OF THE US, REGARDLESS OF RACE OR COLOR MAY PURCHASE, SELL, OR LEASE BOTH REAL AND PERSONAL PROPERTY

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2
Q

JONES VS. MAYER

A

UPHELD THE CIVIL RIGHTS ACT OF 1866 WHEN PETITIONERS IN MISSOURI FILED A COMPLAINT THAT JONES ATTEMPT TO PURCHASE A HOME WAS REFUSED BASED ON RACE

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3
Q

FAIR HOUSING ACT OF 1968 (FHA)

A

RECOGNIZES PROTECTED CLASSES RENDERING IT ILLEGAL TO DISCRIMINATE IN THE SALE, RENTAL, OR FINANCING OF HOUSING

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4
Q

FHA PROTECTED CLASSES (7)

A
  1. RACE
  2. COLOR
  3. RELIGION
  4. NATIONAL ORIGIN
  5. SEX
  6. FAMILIAL STATUS
  7. HANDICAP
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5
Q

FHA EXEMPTIONS (5)

A
  1. RELIGIOUS ORGANIZATION
  2. PRIVATE CLUB
  3. HOUSING FOR OLDER PERSONS
  4. SALE OR RENTAL OF SINGLE-FAMILY HOME BY OWNER
  5. OWNER OCCUPIED DWELLINGS OF 4 UNITS OR LESS
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6
Q

HOUSING FOR OLDER PERSONS (3)

A
  1. PROGRAM DETERMINED BY THE PENNSYLVANIA HUMAN RELATIONS COMMISSION DESIGNED AND OPERATED TO ASSIST ELDERLY PERSONS
  2. INTENDED FOR AND SOLELY OCCUPIED BY SOMEONE 62 OR OLDER
  3. INTENDED AND OPERATED FOR OCCUPANCY BY AT LEST ONE PERSON 55 OR OLDER PER UNIT
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7
Q

FHA ENFORCEMENT (2)

A
  1. FEDERAL-HUD
    MUST BE FILED WITHIN 1 YEAR OF EVENT AND UP
    TO 2 YEARS TO FILE ACTION IN COURT
  2. STATE-SCHAC
    MUST BE FILED WITHIN 6 MONTHS OF EVENT AND
    UP TO 1 YEAR TO FILE ACTION IN COURT
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8
Q

HUD

A

HOUSING AND URBAN DEVELOPMENT

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9
Q

SCHAC

A

SOUTH CAROLINA HUMAN AFFAIRS COMMISSION

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10
Q

FHA PENALTIES (3)

A

RESPONDENT CAN BE ORDERED TO:

  1. COMPENSATE FOR ACTUAL DAMAGES
    • HUMILIATION, PAIN, AND SUFFERING
  2. PROVIDE INJUNCTIVE OR OTHER EQUITABLE RELIEF
    • MAKE HOUSING AVAILABLE
  3. PAY THE FEDERAL GOVERNMENT A CIVIL PENALTY
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11
Q

FHA CIVIL PENALTIES FOR REAL ESTATE COMPANIES (3)

A
  1. 1ST VIOLATION-$10,000
  2. 2ND VIOLATION WITHIN 5 YEARS-$25,000
  3. 3RD VIOLATION WITHIN 7 YEARS-$50,000
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12
Q

FHA CIVIL PENALTIES FOR INDIVIDUAL AGENTS (3)

A
  1. 1ST VIOLATION-$10,000
  2. 2ND VIOLATION-$25,000
  3. 3RD VIOLATION-$50,000
    * TIME LIMITATIONS DO NOT APPLY
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13
Q

BLOCKBUSTING

A

(PANIC PEDDLING)

PRAYING ON FEARS TO PERSUADE ONE TO SALE OR RENT

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14
Q

STEERING

A

STEERING BUYERS/TENANTS TO AREAS OF TOWN BASED ON RACE

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15
Q

REDLINING

A

DENYING LOANS TO MINORITIES IN CERTAIN AREAS

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16
Q

RACE

A

A PERSON’S RACE OR THE RACE OF PERSONS WITH WHOM ONE ASSOCIATES

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17
Q

CREED/RELIGION

A

A FORMAL STATEMENT OF RELIGIOUS BELIEF; A CONFESSION OF FAITH

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18
Q

COLOR

A

A PERSON’S SKIN COLOR

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19
Q

SEX

A

A PERSON’S SEX, INCLUDING SEXUAL HARASSMENT OR INTIMIDATION

20
Q

NATIONAL ORIGIN

A

THE COUNTRY OF ONE’S BIRTH AND/OR NATIONALITY OF ONE’S ANCESTORS

21
Q

FAMILIAL STATUS

A

FAMILY WITH AT LEAST ONE MEMBER WHO IS YOUNGER THAN 18, A PREGNANT WOMAN OR A FAMILY WHO HAS OR IS OBTAINING CUSTODY OF CHILDREN

22
Q

DISABILITY/HANDICAP

A

A PHYSICAL OR MENTAL IMPAIRMENT WHICH SUBSTANTIALLY LIMITS ONE OR MORE MAJOR LIFE ACTIVITIES

23
Q

CONSISTENCY OF POLICIES

A

WE SHOULD SEEK TO CARRY OUT OUR DUTIES IN A FAIR, EQUITABLE AND CONSISTENT MANNER.

24
Q

EQUAL CREDIT OPPORTUNITY ACT (ECOA)

A

A FEDERAL LAW WHICH PROHIBITS CREDITORS FROM CERTAIN FORMS OF DISCRIMINATION

25
Q

ECOA PROTECTED CLASSES (7)

A
  1. AGE (IF OLD ENOUGH TO ENTER INTO A LEGALLY BINDING CONTRACT)
  2. RACE
  3. COLOR
  4. NATIONAL ORIGIN
  5. GENDER
  6. MARITAL STATUS
  7. RELIGION
26
Q

ECOA APPLICABILITY TO RENTAL APPLICATIONS

A

A CREDITOR IS REQUIRED TO NOTIFY YOU WITHIN 30 DAYS AFTER YOU HAVE COMPLETED YOUR CREDIT APPLICATION WHETHER YOUR APPLICATION HAS BEEN APPROVED OR DENIED. IF CREDIT IS DENIED, THE REASONS FOR DECLINATION MUST BE PROVIDED OR YOU MUST BE TOLD HOW TO OBTAIN SUCH INFORMATION

27
Q

ECOA PENALTIES

A

VIOLATIONS MAY BE REDRESSED BY FILING A FEDERAL LAWSUIT FOR ACTUAL DAMAGES PLUS PUNITIVE DAMAGES OF UP TO $10,000

28
Q

FAIR CREDIT REPORTING ACT

A

A FEDERAL LAW THAT REGULATES THE COLLECTION, DISSEMINATION, AND USE OF CONSUMER INFORMATION, INCLUDING CONSUMER CREDIT INFORMATION
*GAVE ACCESS TO CREDIT REPORTS

29
Q

FEDERAL ANTI-TRUST LAWS (FATL)

A

COMMISSIONS ARE ALWAYS NEGOTIABLE, AND AGENTS MAY NEVER SAY OR DO ANYTHING THAT WOULD SUGGEST THE COMMISSION IS SET

30
Q

SET COMMISSION

A

CONSIDERED PRICE FIXING WHICH IS A VIOLATION OF THE FEDERAL ANTI-TRUST LAWS (SHERMAN AND CLAYTON ACTS)

31
Q

OTHER VIOLATIONS OF ANTI-TRUST LAWS (5)

A
  1. PRICE FIXING
  2. ALLOCATION OF MARKETS
  3. ALLOCATION OF CUSTOMERS
  4. BID RIGGING
  5. TIE-IN AGREEMENTS
32
Q

FATL PENALTIES (3)

A
  1. LOSS OF LICENSE
  2. FINE OF UP TO $5,000 AND/OR IMPRISONMENT FOR UP TO 6 MONTHS
  3. 2ND OFFENCE-FINE OF UP TO $10,000 AND/OR IMPRISONMENT FOR UP TO 1 YEAR
33
Q

CHLOROFLUOROCARBON LAWS (CFC)

A

IT IS ILLEGAL TO DELIBERATELY VENT CFCS INTO THE ATMOSPHERE DURING SERVICE, MAINTENANCE, OR DISPOSAL. THE “NO-VENTING” BAN IS A PROVISION OF THE CLEAN AIR ACT OF 1990

34
Q

CFC CERTIFICATION

A

ANYONE WITH RESPONSIBILITY FOR THE ON-SITE MANAGEMENT OR MAINTENANCE OF A BUILDINGS COOLING SYSTEM MUST BE EPA CERTIFIED AND FOLLOW EPA REGULATIONS

35
Q

ENVIRONMENTAL PROTECTION AGENCY (EPA)

A

RESPONSIBLE FOR PUBLISHING AND ENFORCING RULES REGARDING CFCS

36
Q

CFC PENALTIES

A

*NOT PUBLISHED YET-LIKELY PENALTIES

PER-INCIDENT FINES OF UP TO $25,000 PER DAY FOR ANYONE VIOLATING THE “NO-VENTING” PRIVISION

37
Q

AMERICANS WITH DISABILITY ACT OF 1990 (ADA)

A

PROHIBITS PRIVATE EMPLOYERS. STATE AND LOCAL GOVERNMENTS, EMPLOYMENT AGENCIES, AND LABOR UNIONS FROM DISCRIMINATING AGAINST QUALIFIED INDIVIDUALS WITH DISABILITIES IN JOB APPLICATION PROCEDURES, HIRING, FIRING, ADVANCEMENT, COMPENSATION, JOB TRAINING, AND OTHER TERMS, CONDITIONS AND PRIVILEGES OF EMPLOYMENT.

38
Q

DISABLED PERSONS (3)

A
  1. HAS A PHYSICAL OR MENTAL IMPAIRMENT THAT SUBSTANTIALLY LIMITS ONE OR MORE MAJOR LIFE ACTIVITIES
  2. HAS A RECORD OF SUCH IMPARIMENT
  3. IS REGARDED OF HAVING SUCH AN IMPAIRMENT
39
Q

QUALIFIED EMPLOYEE/APPLICANT WITH A DISABILITY

A

AN INDIVIDUAL WHO, WITH OR WITHOUT REASONABLE ACCOMMODATION, CAN PERFORM THE ESSENTIAL FUNCTIONS OF THE JOB IN QUESTION

40
Q

REASONABLE ACCOMODATIONS

A
  • INCLUDE BUT NOT LIMITED TO
    1. MAKING EXISTING FACILITIES READILY AVAILABLE AND USABLE
    2. JOB RESTRUCTURING, MODIFYING WORK SCHEDULES, REASSIGNMENT TO A VACANT POSITION
    3. ACQUIRING/MODIFYING EQUIPMENT OR DEVICES, ADJUSTING/MODIFYING EXAMINATIONS, TRAINING MATERIALS, OR POLICIES, AND PROVIDING QUALIFIED READERS/INTERPRETORS
41
Q

ADA ACCOMMODATIONS

A

EMPLOYERS MUST MAKE AN ACCOMMODATION TO THE KNOWN DISABILITY OF A QUALIFIED APPLICANT/EMPLOYEE IF IT WOULD NOT IMPOSE AN “UNDUE HARDSHIP” ON THE OPERATION OF THE EMPLOYER’S BUSINESS. EMPLOYERS ARE NOT REQUIRED TO LOWER QUALITY OR PRODUCTION STANDARDS TO MAKE AN ACCOMMODATION NOR TO PROVIDE PERSONAL USE ITEMS SUCH AS GLASSES OR HEARING AIDES

42
Q

UNDUE HARDSHIP

A

IF PROVIDING THE REASONABLE ACCOMMODATION WOULD RESULT IN SIGNIFICANT DIFFICULTY OR EXPENSE, BASED ON YOUR RESOURCES AND THE OPERATION OF YOUR BUSINESS

43
Q

ADA PENALTIES

A

DEPARTMENT OF JUSTICE MAY FILE LAWSUITS TO ENFORCE ADA, AND COURTS MAY ORDER COMPENSATORY DAMAGES AND BACK PAY TO REMEDY DISCRIMINATION. UNDER TITLE III, DOJ MAY OBTAIN CIVIL PENALTIES OF UP TO $55,000 FOR 1ST VIOLATION AND $110,000 FOR SUBSEQUENT VIOLATIONS

44
Q

US EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (EEOC) ENFORCEMENT

A

ISSUED REGULATIONS TO ENFORCE ADA PROVISIONS ORIGINALLY TO COVER EMPLOYERS WITH 25 OR MORE EMPLOYEES ON JULY 26, 1992. ON JULY 26, 1994, THRESHOLD DROPPED TO 15 OR MORE EMPLOYEES

45
Q

RESIDENTIAL LEAD-BASED PAINT HAZARD REDUCTION ACT OF 1992 (RLBPHRA)

A

LAW THAT DIRECTS HUD AND EPA TO REQUIRE THE DISCLOSURE OF KNOWN INFORMATION ON LEAD-BASED PAINT AND LEAD-BASED PAINT HAZARDS BEFORE THE SALE OR LEASE OF HOUSING BUILT BEFORE 1978

46
Q

LEAD-BASED PAINT (LBP) DISCLOSURE REQUIREMENTS (5)

A
  1. GIVE EPA APPROVED PAMPHLET
  2. DISCLOSE ANY KNOWN INFORMATION, I.E. LOCATION OF LBP, LBP HAZARDS, AND CONDITION OF PAINTED SURFACES
  3. PROVIDE ANY RECORDS OR REPORTS
  4. INCLUDE LEAD WARNING STATEMENT AS ATTACHMENT IN CONTRACT/LEASE
  5. PROVIDE HOME BUYERS A 10-DAY INSPECTION PERIOD
47
Q

LBP RECORDS

A

SELLERS/LESSORS MUST RETAIN COPIES OF DISCLOSURES FOR MINIMUM OF 3 YEARS FROM SALE OR LEASE START DATE

SCREC PM EXAM (7 decks)

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