Human Right and Fair Housing

Question 1

Testers

Answer 1

Volunteers from state or private agencies who enforce fair housing by claiming to be home seekers, thereby finding out if brokers deal fairly with all clients/customers.

• testing to see if there is discrimination and that people are being treated the same
• type of property being listed, resources available, where the properties are being shown etc.

Question 2

Steering

illegal!

Answer 2

The practice in which real estate brokers guide prospective home buyers towards or away from certain neighborhoods based on their race. Steering is highly illegal.

• show homes to qualified customers where they should go.
• has to be about the choice of individual, not putting them in a box

Question 3

Pressure from society

Answer 3

Tell your clients:

• Fair housing laws require to sell to all qualified candidates.
• must be transparent
• has to be the clients needs and wants

Question 4

Broker/Salesperson Responsibilities

Answer 4

• -> Maintain a fair housing office
• advertise that you maintain a fair housing office
• maintain the concept of Fair Housing
• Have an in-house Fair Housing specialist providing ongoing training and education for staff and agents
• posters
• Brokers and salespersons must follow the fair housing laws when displaying ANY type of advertising
• Appropriate advertising messages: unit size, unit cost, general location
• Inappropriate advertising messages: good for family with kids, good for retirees, close to church, no children, singles only, perfect for empty nesters
• Reporting of any Fair Housing misconduct: bringing action in court, involving the right agency (HUD, NYS Human Rights Commission etc)
• It is imperative NOT to facilitate the discrimination of others

Question 5

Americans with Disabilities Act (1992)

Answer 5

A wide-ranging civil rights law enacted by the U.S. Congress in 1990 that prohibits, under certain circumstances, discrimination based on disability.

• Doesn’t touch on residential/real property.
• Must be compliant with ADA and accessibility

Question 6

Civil Rights Act of 1866

Answer 6

A federal law that prohibits all discrimination on the basis of race only

• all citizens have the same rights to buy/sell/lease personal property
• lead to non discrimiation and housing for FHA or VA loans (signed by JFK) 1962!
• lead to Civil Rights Act of 1964 (Title 6)

Question 7

Disability/Handicap

Answer 7

The consequence of an impairment that may be physical, cognitive, mental, sensory, emotional, developmental, or some combination of these

Question 8

Fair Housing Act of 1968 (Title 8)

Answer 8

A federal prohibition that protects buyer/renter of a dwelling from seller/landlord discrimination with regards to race, color, religion, gender, national origin, familial status, or disability.

• Empowered HUD to look into discrimination
• 1974 - The Housing and Community Development Act of 1974 to protect for gender and sex
• Amendment Act of 1988

Question 9

Department of Housing and Urban Development (HUD)

Answer 9

Established in 1965, HUD works to create a decent home and suitable living environment for all Americans; it does this by addressing housing needs, improving and developing American communities, and enforcing fair housing laws.

• Power and responsibility to encore Federal fair housing Act (state does the actual enforcement)
• Partnered with NY State

Question 10

NY State Human Rights Law

Answer 10

Protects individuals from the discrimination based on their age, creed, race, color, sex, sexual orientation, national origin, marital status, disability, military status, domestic violence victim status, arrest record, conviction record, predisposing genetic characteristics, and familial status.
-In NYC more rights are protected in the jurisdiction

Question 11

Plessy Vs Ferguson (1896)

Answer 11

Separate but equal is okay.
(got overturned in Brown v Board of Education 1954)
-This is a Supreme Court case which concluded that ‘separate is equal’

Question 12

Buchanan vs. Warley Supreme Court (1917)

Answer 12

discriminatory to segregate communities

Question 13

The Housing and Community Development Act of 1974

Answer 13

(section 8 Program) Created aid housing and voucher program

Question 14

Prohibited Activities

Answer 14

• refusal to sell because of their protective class

- don’t make a decision based on your feelings, it’s about what the tenant wants

Question 15

Exemptions

Answer 15

Single Family Home Exemption - so long as there is no discrimination, they can choose who to rent and sell to: “Ms. Murphy’s Exemption”
-Ms. Murphy Exemption” applies to 2 family homes in NY State

Can limit to one gender if sharing bathrooms/kitchens (YMCA)

Housing for Older Persons

• All residents must be 62 years of age or older to qualify for the 62 and older exemption
• 55 and older exemption mandates that one of the residents must be 55 years of age or older

Question 16

Blockbustering (discriminatory)

Answer 16

The practice of inducing homeowners in a particular neighborhood to sell their homes quickly, often at below market prices, by creating the fear that the entry of a minority group or groups into the neighborhood will cause a precipitous decline in property values.

Question 17

Types of Discrimination

Answer 17

• asking for a larger deposit because of children under and certain age
• asking for more security for nay reason
• no on under the age of 18 can access the pool after certain hours
• refusal to rent, deal, sell or to work with a member or members of a protected class
• unequal treatment by the client in terms of not showing or making available all possible dwellings within their price range
• misinformation or different information steering minority homeseekers to specific minority neighborhoods
• blockbustering - creating panic in a neighborhood or street which causes individuals to decide to sell their homes immediately

Question 18

Red-Lining (illegal)

Answer 18

The refusal to lend money within a specific area for various reasons. This practice is illegal

Question 19

Responsibilities of the the Brokerage Office

Answer 19

• Advertising Fair Housing Laws
• Ensure that the salespeople are familiar with the Fair Housing Laws
• Provide continuing education on Fair Housing Laws

Question 20

Individuals Agent Responsibilities

Answer 20

• Keep up to date with Fair Housing Laws:
  1. Federal Fair Housing Act
  2. NY State Human Rights Law
  3. NYC Human Rights Law
• it’s important to know the local, state, and federal laws in the region where you operate

Question 21

Legal Ramifications of discrimination fines

Answer 21

• emotional results of discrimination housing
• costs in differences of price if discrimination
• potential therapy for the person discriminated against
• attorney’s fees
• take your license

Question 22

Cease & Desist List and Non Solicitation Orders

Answer 22

Upon the establishment of a cease and desist zone by the Secretary, a list of homeowners who have filed owner’s statements expressing their wish not to be solicited by real estate brokers or salesperson. Soliciting of listed homeowners by licensees is prohibited. Violators of such prohibition are subject to licensure suspensions or revocation.

• if they are asked to rent/sell their property often, can ask to be not solicited to
• learn which are the non solicitation zones are

Question 23

Co-op Board Disclosure

Answer 23

• still bound by Fair Housing Laws - can’t reject based on protected classes. But don’t have to disclose the reason
• but if investigated, they have to disclose the reason
• the more transparent a co-op board can be, the better for everyone

Question 24

NYC Protected Income Class

Answer 24

You can’t discriminate against people with federal or state gov’t subsidies, including Section 8 housing vouchers, VA vouchers, SSI, SSDI, housing grants etc

Question 25

Ethical and Social Responsibilities

Answer 25

Protect your clients against Fair Housing violations and Human Rights

Question 26

Reasonable Accommodations for Individuals with Disabilities

Answer 26

• The cost to accommodate persons with disabilities in a common area will be paid by the housing provider
• modifications done inside of a unit must be paid by the disabled tenant

Question 27

Familial Status

Answer 27

A single person, pregnant woman or a household with children under 18 living with parents or legal custodians who might experience housing discrimination. Filtering Down - The decline in value of properties in neighborhoods that were once middle or upper-middle income.

Question 28

Jones vs. Mayer Supreme Court Decision (1968)

Answer 28

Held that Congress could regulate the sale of private property in order to prevent racial discrimination. Bars all racial discrimination, private as well as public, in the sale or rental of property, and that the statute, thus construed, is a valid exercise of the power of Congress to enforce the 13th Amendment.

Question 29

Marital Status

Answer 29

Indicated whether the person is married. The only possible answers are “married” or “single”.

Question 30

Non-Solicitation Order

Answer 30

A rule adopted by the Secretary of State which prohibits any or all types of solicitation directed towards homeowners within a defined geographic area. Such rule may be adopted after a public hearing and upon the Secretary’s determination that homeowners within the subject area have been subject to intense and repeated solicitations by real estate brokers or salespersons and that such solicitations have caused owners to reasonably believe that property values may decrease because persons of different race, ethnic, religious or social backgrounds are moving or about to move into such area.

Question 31

Filtering Down

Answer 31

The decline in value of properties in neighborhoods that were once middle or upper-middle income
-thus allowing lower income wage earners to purchase in these neighborhoods

Question 32

Civil Rights Act of 1964

Answer 32

This is a federal law that outlawed discrimination based on race, color, religion, sex, or national origin.