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A - Property 2 > Landlord Tenant 3 - Unlawful Discrimination in the Selection of Tenants > Flashcards

Landlord Tenant 3 - Unlawful Discrimination in the Selection of Tenants Flashcards

1
Q

Three primary legal grounds for claiming that a LL has discriminated in the selection of Tenants:
1. ?
2.
3.

A
  1. Federal Fair Housing Act (42 U.S.C.A. Sections 3601-3619, 3631)
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2
Q

Three primary legal grounds for claiming that a LL has discriminated in the selection of Tenants:
1.
2. ?
3.

A
  1. Fourteenth Amendment to U.S. Constitution
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3
Q

Three primary legal grounds for claiming that a LL has discriminated in the selection of Tenants:
1.
2.
3. ?

A

42 USC § 1982 (A Section of the Civil Rights Act of 1866) – took about 100 years to get enforced

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4
Q

§ 3604. Discrimination in the sale or rental of housing and other prohibited practices: It shall be unlawful
(a) To refuse to sell or rent because of race, color, religion, sex, handicap, familial status, or national origin.
(b) To discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling.
(c) To make, print, or publish, or cause to be made, printed, or published any notice, statement, or advertisement…
What is this?

A

Fair Housing Act

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5
Q

What are the protected classes under the Fair Housing Act?
1. ?
2.
3.
4.
5.
6.
7.

A
  1. Race
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6
Q

What are the protected classes under the Fair Housing Act?
1.
2. ?
3.
4.
5.
6.
7.

A
  1. Color
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7
Q

What are the protected classes under the Fair Housing Act?
1.
2.
3. ?
4.
5.
6.
7.

A
  1. Religion
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8
Q

What are the protected classes under the Fair Housing Act?
1.
2.
3.
4. ?
5.
6.
7.

A
  1. Sex
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9
Q

What are the protected classes under the Fair Housing Act?
1.
2.
3.
4.
5. ?
6.
7.

A
  1. Handicap
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10
Q

What are the protected classes under the Fair Housing Act?
1.
2.
3.
4.
5.
6.?
7.

A
  1. Familial Status
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11
Q

What are the protected classes under the Fair Housing Act?
1.
2.
3.
4.
5.
6.
7. ?

A
  1. National Origin
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12
Q

Exceptions do not apply to what part of § 3604 of the Fair Housing Act?

A

§ 3604(c)

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13
Q

No matter the circumstances, you cannot discriminate in _____________. There are exemptions that allow you to discriminate in real life, but you cannot do it on paper on an _____________.

A

advertisement
advertisement

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14
Q

Fair Housing Act Exemptions:
1. ?
2.
3.

A
  1. Religious organizations and private clubs under certain circumstances
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15
Q

Fair Housing Act Exemptions
1.
2. ?
3.

A
  1. Single family homes sold or rented by owner if more than 3 homes are not owned at one time
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16
Q

Fair Housing Act Exemptions
1.
2.
3. ?

A
  1. Rooms or units in dwellings containing living quarters occupied or intended to be occupied by not more than 4 families living independently if owner also resides there.
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17
Q

Note: no exemption for discrimination in ___________.

A

advertising

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18
Q

FHA refers to _________ - places where people live.

A

dwellings

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19
Q

FHA Exemption: Single family homes sold or rented by owner if more than 3 homes are not owned at one time. Does the owner have to live in any of the homes?

A

NO. The owner could rent an apartment downtown but just happen to own three homes, they are still under the exemption.

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20
Q

Example: Duplex owner lives on one half and the other half with a totally separate entrance the owner. Would the owner be under the exemption for the duplex?

A

Yes.

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21
Q

The ________ _________ ________ prohibits housing and housing related discrimination because of race, color, national origin, religion, sex (including gender identity and sexual orientation), familial status, and disability.

A

Fair Housing Act

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22
Q

The Fair Housing Act prohibits housing and housing related discrimination because of ______, _______, ________ _______, _________, _________ (including gender identity and sexual orientation), ________ ________, and ___________.

A

race, color, national origin, religion, sex, familial status, and disability.

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23
Q

The Fair Housing Acts prohibits housing and housing discrimination because of race, religion, national origin, sex (including _______ ______ and ________ __________) , familial status, and disability.

A

including gender identity and sexual orientation

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24
Q

A person who has experienced (or is about to experience) discrimination in housing because of sex, including their actual or perceived sexual orientation or gender identity, may file a complaint with ________. _________ will investigate complaints alleging violations of the Fair Housing Act on this basis.

A

HUD
HUD

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25
Q

Under the Fair Housing Act, a person renting out a room in her home (which she also occupied) can discriminate on the basis or religion? True or False.

A

True

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26
Q

The _______ ________ ______ is limited to dwellings - places where people live and ________________ is not limited to dwellings.

A

Fair Housing Act

Section 1982

27
Q

The Fair Housing Act is limited to ___________ (_________ _______ _______ ________) and Section 1982 is not limited to ____________.

A

dwellings (places where people live)

dwellings

28
Q

We need both, one does not negate the other?

A

Fair Housing Act and Section 1982

29
Q

Mrs. Y places and ad for room in “her private white home,” is the rejection (of a black couple) a violation of the FHA?

Does her advertisement violate the FHA?

Would her rejection of the couple violate section 1982?

A

No. The exemption says you can discriminate if you are renting out a room in your home.

It does because section 3604(c) of FHA says that you cannot discriminate in advertising under any circumstance. In person she could turn the people away who didn’t meet her criteria, but she cannot place the advertisement.

It would.

30
Q

Discrimination on Grounds other than race, religion, or national origin:

a.) LL limits occupancy to 4 people and refuses to rent to couple w/ 5 kids.

5 kids is 5 people, but they have decided that this size home can only accommodate 4 people. Maybe it only has 2 bedrooms and 1 bathroom. Having more people would be a burden on the structure of the home.

LL has without seeing the families at all they have said no more than 4 people. If somebody shows up 2 adults and 3 kids: can they say no?

A

Yes because 5 is more than 4. If you just say this house is only available for this number of people that is okay to do.

It does not violate FHA.

31
Q

Discrimination on Grounds other than race, religion, or national origin:

b.) LL won’t rent 1-bedroom units to 1 adult and 1 child: nor 2-bedroom units to 1 adult and 3 children.

Assume they would have rented 1 bedroom to 2 adults and
2 bedroom to 2 adults and 2 children
Not a quantity issue – type of relationship issue.

A

This appears to be discrimination against a single parent. Protected class – familial status.

B does violate the FHA because familial status is at issue.

32
Q

Discrimination on Grounds other than race, religion, or national origin:

c.) L refuses to rent a heterosexual unmarried couple.

A

Sexual orientation is protected now. Does marriage fall within familial status? Courts have found that it doesn’t.

There is something called the equal access rule under HUD. Under this rule they talk about discrimination on the basis of sexual orientation and gender identity, and they throw marriage in there. In certain instances, if federal funding is at issue for example HUD might be able to intervene. If you are getting federal dollars you have to follow HUD rules and the martial status may fall within that. Grey area not on EXAM.

33
Q

Discrimination on Grounds other than race, religion, or national origin:

d.) L refuses to rent to homosexual couple.

A

Based on Wetzel and subsequent SC case. They cannot refuse to rent because of the sexual orientation.

Discrimination on the basis of sex includes sexual orientation.

34
Q

Discrimination on Grounds other than race, religion, or national origin:

e.) L rents to a single woman and begins to harass her with demands for sexual favors.

A

It violates the FHA. Sex was the protected category.

35
Q

HYPOS: Discrimination based on Handicap:
a) L wants to evict T because of a mental disability that results in seemingly threatening behavior.

Do you have to as a landlord rent to people who might create a direct threat to the health and safety of others or damage your property?

A

If you can try to make a reasonable accommodation you should, but not at the risk of the health and safety of others. The classic law school it depends answer.

36
Q

Discrimination based on Handicap:

b) L owns apartments and has a no pet policy. T has a schizoid personality disorder and depends on the dog as a companion.

A

The no pet policy if for a health reason the LL must try to accommodate.

37
Q

Ex. Daughter allergic to cats, if we lived in an apartment and we need to use an elevator to get to our apartment, The LL could take into account whether there is a room on the 1st floor. They need to try to ____________ when the pet is a support animal.

A

accomodate

38
Q

___________ is a physical or mental impairment which substantially limits one or more of a person’s major life activities.

A

Handicap

39
Q

Handicap is a ________ or _________ __________ which substantially limits one or more of a person’s major life activities.

A

physical or mental impairment

40
Q

Handicap is a physical or mental impairment which _____________ __________ one or more of a person’s major life activities.

A

substantially limits

41
Q

T leases from L open land for hunting. T pays a year in advance and then discovers that there’s no public access to the rented land. Neighbors refuse her access. English Rule Jurisdiction. Has L fulfilled his duty to T?
A. Yes
B. No

A

B. No
English Rule and LandLord must provide physical possession.

42
Q

Delivery of Possession
Obligation of Landlord to Provide Possession on the First Day of the Tenancy.

What are the two rules?

A

English Rule
American Rule

43
Q

Delivery of Possession
Obligation of Landlord to Provide Possession on the First Day of the Tenancy.

What is the majority rule?

A

English Rule

44
Q

Delivery of Possession
Obligation of Landlord to Provide Possession on the First Day of the Tenancy.

What is the rule from Hannan?

A

American Rule

45
Q

___________ __________: must provide physical possession on first day, it is the LL’s duty (appears to be the Majority rule).

A

English Rule

46
Q

English Rule: must provide ___________ _________ on the first day, it is the LL’s duty (appears to be the Majority Rule).

A

Physical Possession

47
Q

English Rule:

A

Must provide physical possession on the first day, it is the LL’s duty (appears to be the Majority Rule).

48
Q

____________ ___________: LL merely provide legal right to possession on the first day (Hannan).

A

American Rule

49
Q

American Rule: LL merely provide ____________ ________ to _________ on the first day (Hannan).

A

legal right to possession

50
Q

American Rule:

A

LL merely provide legal right to possession on the first day (Hannan).

51
Q

Unlawful Discrimination _____________ Amendment.

A

14th

52
Q

What prohibits discrimination by the states?

A

14th Amendment

53
Q

____________ __________ __________ are written in the Deed. The deeds are located in the county records office/ register of deeds for the county in which the property is located.

A

Racially Restrictive Covenants

54
Q

What are the 3 laws dealing with Housing Discrimination?

A

Fair Housing Act

14th Amendment - Shelley v. Kramer Case

42 U.S.C.A. § 1982

55
Q

“all citizens of the U.S. shall have the same right, in every State and Territory, as is enjoyed by white citizens thereof to inherit, purchase, lease, sell, hold, and convey real and personal property.”

What is this?

A

42 U.S.C.A § 1982

56
Q

See also, Jones v. Alfred H. Mayer Co., where the Ct held that the 1866 provision bars ALL racial discrimination,_______ and ________, in the sale or rental of real property.

A

private and public

57
Q

Section 1982 is:
Narrower than FHA in that it reaches only ________ ___________, and does not address discrimination in the provision of services and facilities, and does not prohibit discriminatory advertising; and,

A

racial discrimination

58
Q

Broader than FHA in that it contains none of the exemptions.

A

42 U.S.C.A. § 1982

59
Q

_________________ is narrower then FHA because it only discusses racial discrimination not the 6 other protected classes and it also only talks about the sale or rental it doesn’t talk about the provision of services and facilities, it also doesn’t prohibit discriminatory advertising

A

Section 1982

60
Q

_______ and _______ Legislation:Cannot narrow the rights and remedies available under federal law but can expand them. They can add extra protected classes if they want too.

A

State and Local

61
Q

L lives in State that prohibits discrimination on the basis of marital status. L refuses, because of religious reasons, to rent a unit to an unmarried couple.

Can the landlord say that they do not want to rent to you because you are unmarried, and they find that to be problematic for religious reasons?

A

The court found that freedom of religion laws did not exempt the landlord from complying with a neutral law of general applicability.

In the state that prohibits discrimination on the basis of marriage it would have been discriminatory to not rent to someone because of their marital status.

62
Q

L refuses to rent a woman because she is a lawyer.

A

It is okay to discriminate on the basis of profession unless you live in a jurisdiction – NYC prohibited discrimination like this. If you are a LL lawyers will want to read it and fight about it. LL just want people who sign and pay.
Generally okay to discriminate on the basis of profession but if you live in a place that prohibits it then you can’t anymore.

63
Q

Generally okay to discriminate on the basis of __________ but if you live in a place that prohibits it then you can’t anymore.

A

profession

64
Q
A

A - Property 2 (30 decks)

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