Human Rights and Fair Housing Flashcards
What is the Civil Rights Act of 1866?
Promote racial equality after the Civil War. Race and color.
What is the fair housing Act of 1968?
Contain the title VIII of the Civil Rights Act of 1968 in reference to real estates its is unlawful to discriminate based on race, color, religion, national origin.
What is the Housing and Community Development Act of 1974?
Added gender as another protected category.
What is the NYS Human Rights Law- Article 15 of the NY Executive Law?
It covers race, creed, color, national origin, sex, disability, familial status, age, sexual orientation, military status, and marital status.
Age protection 18+
What’s does NYS exempt?
- Public housing that may be aimed at one specific age group,
- rental of an apartment in a building with two apartments, one of which is occupied by the owner,
- restriction of all rooms rented to members of the same sex,
- rental of a room in one’s own home, and
- restriction of rentals to persons 62 years of age or older, or rentals geared to households where at least one person is 55 or older.
What are the Fair Housing Acts specifically prohibit acts where they are based on prospective tenants or buys membership in a protected group?
Refusing to sell, rent, or negotiate with any person, or otherwise making a dwelling unavailable to any person
Changing terms, conditions, or services for different individuals as a means of discrimination
Practicing discrimination through any statement or advertisement that restricts the sale or rental of residential property
Representing to any person, as a means of discrimination, that a dwelling is not available for sale or rental
Making a profit by inducing owners of housing to sell or rent because of the prospective entry into the neighborhood of persons of a particular race, color, religion, national origin, handicap, or familial status
Altering the terms or conditions for a home loan to any person who wishes to purchase or repair a dwelling or otherwise denying such a loan as a means of discrimination
Denying people membership or limiting their participation in any multiple listing service, real estate brokers’ organization, or other facility related to the sale or rental of dwellings as a means of discrimination
What is steering?
Practicing discrimination through any statement or advertisement that restricts the sale or rental of residential property
Jones Realty advertises its listings in the classified section of the local newspaper. The ads include the slogan “Jones Realty—specializing in homes for Asian immigrants.” The ad’s implication that certain housing is more suitable to persons of a particular race, color, or national origin is a clear violation of fair housing requirements. (This is known as steering.)
What is blockbusting?
Making a profit by inducing owners of housing to sell or rent because of the prospective entry into the neighborhood of persons of a particular race, color, religion, national origin, handicap, or familial status
EXAMPLE
Acme Real Estate Company is running a direct mail campaign attempting to solicit listings from the predominantly white Alderbrook neighborhood. Included in the direct mail package are the results of a demographic study that projects that the population of Alderbrook will become increasingly nonwhite in the next few years. Use of such “scare tactics” to generate profit through increased listings puts Acme in violation of fair housing laws. (This is known as blockbusting.)
What is redlining?
Altering the terms or conditions for a home loan to any person who wishes to purchase or repair a dwelling or otherwise denying such a loan as a means of discrimination
Citywide Mortgage Company has a policy of refusing to make loans for properties located in the Valley View neighborhood, claiming that borrowers from or seeking to move into Valley View have historically been at higher risk of default. Because this policy does not consider the creditworthiness of individual borrowers seeking loans pertaining to Valley View properties, it is more than likely intended to discriminate against such borrowers on the basis of some other characteristic, such as race or national origin. (This is known as redlining.)
What fines/penalties are imposed for damages for failing to enforce fair housing?
penalties (fines that go to the government) can be imposed, ranging from $16,000 for a first violation to $42,500 for a second violation within five years to $70,000 for a second or further violations within seven years.
If the case is heard in federal court, an injunction is also possible and, the DOJ may also on its own sue anyone who seems to show a pattern of illegal discrimination or who is believed to have violated a conciliation agreement. Dollar limits on penalties in such cases start at $75,000 with a possible $150,000 penalty for repeat violations
