FHA and CRA

Question 1

FHA Triggers
• __________
• On the basis of ____, ____, ____, ____, ____, ____, ____, ____,
• In the (____ or ____), (____, ____, or ____ of ____ or ____), ____ or _____, or ____.
• For a _______

Answer 1

• Discrimination
• race, color, religion, sex, familial status, national origin, handicap (disability)
• (sale or rental), (terms, conditions, or privileges of sale or rental), advertisement, (financing or brokerage services), or provision of real estate services
• For a dwelling

Question 2

FHA Exceptions (4 Basic bullet points)

Answer 2

• SFH
• Murphy
• Religious
• “older persons”

Question 3

FHA Exceptions: § 3603.b.1; ________ sold or rented by ______ without a _____ and without _________ (b)(1)
- _______ may not ____ more than ___ and, if not _____ in residence ____, may use this exception __________

Answer 3

Single-family house, the owner, broker, posting discriminatory advertisements. Owner, own, 3 such houses, residing, just prior to sale, only once in 2 years

Question 4

FHA Exceptions: § 3603.b.2; ____/____ in a dwelling where no more than _ ____ are living if _____ occupies on of the units

Answer 4

Rooms/units, 4 families, owner

Question 5

FHA Exceptions: § 3607

Answer 5

Religious organizations and private clubs in some circumstances

Question 6

FHA Exceptions: § 3607.b

Answer 6

Housing for “older persons” is exempt from familial status discrimination

Question 7

Proof of Discrimination: Test: FHA

Answer 7

Discriminatory intent OR disparate impact

Question 8

Proof of Discrimination: Test: CRA

Answer 8

Only discriminatory intent

Question 9

Proof of Discrimination: FHA: Evidence of ____, _____ ______ OR factual evidence of _______ _______ _____ _____ on class protected by FHA or perpetuation of _____ without _______ _______

Answer 9

actual, intentional discrimination; actual significantly disproportionate impact; segregation, sufficient justification

Question 10

Proof of Discrimination: CRA

Answer 10

Evidence of actual, intentional discrimination only

Question 11

FHA Discriminatory Intent/Impact Standard (3)

Answer 11

π’s prima facie case, burden of production shifts to landlord, burden of proof shifts back to π

Question 12

FHA Discriminatory Intent Standard: Prima Facie Case (4)

Answer 12

• Member of protected class
• Applied for housing qualified to rent/purchase
• Denied
• Unit remained available, was rented/sold to someone from different class, etc.

Question 13

FHA Discriminatory Intent Standard: LL Burden

Answer 13

Produce non-discriminatory reason for decision

Question 14

FHA Discriminatory Intent Standard: π Burden

Answer 14

Establish LL’s proffered reason was pretextual and it is more likely than not that discrimination was factor in decision

Question 15

FHA Discriminatory Impact Standard: π’s Prima Facie case (2)

Answer 15

• A discriminatory effect

* Caused by the challenged practice

Question 16

FHA Discriminatory Impact Standard:

Answer 16

Produce evidence challenged practice is necessary to achieve one or more substantial, legitimate, non-discriminatory interests

Question 17

FHA Discriminatory Impact Standard:

Answer 17

Establish LL’s interest could be served by another practice that has a less discriminatory effect