Module 3 Flashcards
redlining
the illegal practice of refusing to make residential loans or imposing more onerous terms on any loans made because of the predominant race, color, national origin, religion, sex, disability, or familial status of the residents of the neighborhood in which the property is located
deed restrictions
legally enforceable terms that govern the use of property
these terms are transferred with the property deed
discriminatory deeds are illegal and unenforceable
aka a covenant, condition, restriction, or restrictive covenant
seven protected characteristics
1) race
2) color
3) national origin
4) religion
5) sex
6) disability
7) familial status
seven protected characteristics - race
while categories of race are typically self-identified and self-reported, they are outlined in the US Census as follows: white, black or African American, American Indian or Alaskan Native, Asian Indian, Chinese, Filipino, Japanese, Korean, Vietnamese, Native Hawaiian, Guamanian, Chamorro, Samoan, and other Pacific Islander
discrimination based on race may be directed toward both whites and non-white races
seven protected characteristics - color
discrimination based on color means discrimination based on the lightness, darkness, or other color characteristics of the person
although race and color overlap, they are not synonymous
color discrimination can occur between persons of different races or ethnicities, or between persons of the same race or ethnicity
seven protected characteristics - national origin
discrimination based on national origin means discrimination based on “the country where a person was born, or more broadly, the country from which his or her ancestors came”
seven protected characteristics - religion
discrimination based on religion includes, but is not limited to, demonstrating a preference of churchgoers over non-churchgoers (or vice versa) or asking for the religious affiliation of applicants for rental properties, properties for sale, or homeowners insurance
seven protected characteristics - sex
sex discrimination and sexual harassment occurs when apartment managers, subdivision developers, and other housing suppliers lease, sell, and negotiate with individuals of different genders differently
seven protected characteristics - disability
discrimination based on disability means discriminating against:
- a person with a physical or mental impairment, which substantially limits one or more major life activities;
- a person with a record of such an impairment; or
- a person regarded as having such an impairment
“regarded as having such an impairment”
includes situations in which someone regards him or herself as disabled
disability and illegal drug use
an individual shall not be considered to have a disability solely because of a current illegal habit of, or addiction to, using a controlled substance
however, an individual in a treatment program for alcohol or drug use is considered disabled under the statute
seven protected characteristics - familial status
discriminating based on familial status means discriminating against one or more individuals (who have not attained the age of 18 years) being domiciled with:
- a parent or another person having legal custody of such individual; or
- the designee of such parent or other person having such custody, within the written permission of such parent or other person
the definition of a “family” includes a single individual
includes a person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of 18
housing sales/rental practices deemed unlawful when based on protected characteristics
refusing to rent, sell, or negotiate
refusing to rent, sell, or negotiate the sale or rental of a dwelling is prohibited, and includes, but is not limited to, the following:
- failing to accept a bona fide offer
- imposing different sales prices or rental charges
- using different qualification criteria or applications for sale or rental
- evicting tenants
housing sales/rental practices deemed unlawful when based on protected characteristics
setting different terms, conditions, or privileges in services and facilities
includes, but is not limited to:
- using different provisions in leases or contracts of sale
- failing to make, or delaying, maintenance or repairs
- failing to communicate an offer accurately
- denying or limiting services or facilities because a person failed or refused to provide sexual favors
housing sales/rental practices deemed unlawful when based on protected characteristics
producing discriminatory marketing
includes, but is not limited to participating in making, printing, or publishing any notice, statement, or advertisement that indicates preferences, limitations, or discriminations, such as:
- using words, phrases, photographs, illustrations, symbols, or forms which convey that dwellings are available or not available to a particular group of persons
- selecting media or locations for advertising the sale or rental of dwellings which deny particular segments of the housing market information about housing opportunities
- refusing to publish advertising for the sale or rental of dwelling or requiring different charges or terms for advertising
housing sales/rental practices deemed unlawful when based on protected characteristics
falsely representing the availability of a dwelling
includes, but is not limited to:
- indicating through words or conduct that a dwelling which is available for inspection, sale, or rental has been sold or rented
- representing that covenants or other deed, trust, or lease provisions which purport to restrict the sale or rental of dwellings preclude the sale or rental of a dwelling to a person
- enforce covenants or other deed, trust, or lease provisions which preclude the sale or rental of a dwelling to any person
- limiting info, by word or conduct, regarding suitably priced dwellings, available for inspection, sale, or rental
- providing false or inaccurate info regarding the availability of a dwelling for sale or rental to any person
housing sales/rental practices deemed unlawful when based on protected characteristics
engaging in blockbusting practices for profit
includes, but is not limited to:
- engaging in conduct which conveys to a person that a neighborhood is undergoing or about to undergo a change in demographics in order to encourage the person to offer a dwelling for sale or rental
- encouraging, for profit, any person to sell or rent a dwelling through assertions that the entry or prospective entry of persons with protected characteristics, can or will result in undesirable consequences for the area, such as lowering of property values, an increase in criminal or antisocial behavior, or a decline in the quality of schools or other services
blockbusting
to convince, or attempt to convince, a person to sell or rent a dwelling because of the entry, or prospective entry, into the neighborhood of a person or persons of a particular race, color, religion, sex, familial status, national origin, or with a disability
reasonable modification
a structural modification that is made to allow persons with disabilities the full enjoyment of the housing and related facilities
typically it is the responsibility of the renter to make and pay for modifications; if reasonably, landlord may require renter to restore the premises to the condition that existed before the modification upon moving
providers receiving federal funds are required to make and pay for structural changes to facilities if needed as a reasonable accommodation
reasonable accommodation
a change in rules, policies, practices, or services so that a person with a disability will have an equal opportunity to use and enjoy a dwelling unit or common space
a housing provider should do everything to assist a person with a disability, but is not required to make changes that would fundamentally alter the program or create an undue financial and administrative burden
reasonable accommodations may be necessary at all stages of the housing process, including application, tenancy, or to prevent eviction
examples of reasonable accommodations
- allowing a visually impaired tenant to keep a guide dog as an assistance animal in a building with a “no pets” policy
- honoring a request from a tenant with a mobility disability for a reserved space near her apartment (in an apartment complex that offers tenants unassigned parking) if necessary to assure access to her apartment
5 exemptions to the Fair Housing Act
1) single-family exemption
2) “Mrs. murphy” exemption
3) religious organization exemption
4) private club exemption
5) housing for older persons exemption
5 exemptions to the Fair Housing Act
single- family exemption
applies when an owner:
- owns, sells, or rents the house;
- owns 3 or fewer single family homes at any one time;
- does not use the services or facilities of a real estate broker; and
- does not advertise in violation of the FHA (discriminatory advertising)
5 exemptions to the Fair Housing Act
“Mrs. Murphy” exemption
applies if:
- the house or living units are occupied or intended to be occupied by no more than 4 families living independently and the owner maintains or occupies one of the living quarters (owner-occupied buildings) with THREE OR FEWER rental units
properties that qualify under this exemption are still prohibited from discriminatory advertising, and owners are liable for making a discriminatory statement, posting a discriminatory notice, or running a discriminatory advertisement
5 exemptions to the Fair Housing Act
religious organization exemption
religious organizations, associations, or societies can give preference to persons of the same religion if:
- housing is not operated for a commercial purpose;
- housing is made available only to persons of the same religion; and
- the religion does not discriminate based on race, color, or national origin
5 exemptions to the Fair Housing Act
private club exemption
a private club can give preference to its members if:
- it is in fact private and not open to the public;
- it provides housing that is incidental to its primary purpose; and
- housing is not operated for a commercial purpose
5 exemptions to the Fair Housing Act
housing for older persons exemption
exempts housing providers from familial status prohibitions if the community meets any of the following:
- housing provided under a state or federal program that the HUD Secretary determines is specifically designed and operated to assist elderly people;
- 100% of the community is 62 or older; or
- 80% of the households have at least one resident who is 55 or older, AND the community adheres to policies and procedures that demonstrate intent to house older persons and complies with rules for verification of occupancy
agencies to submit fair housing complaints
1) U.S. Department of Housing and Urban Development
2) a state or local fair housing agency
3) with the aid of a nonprofit fair housing organization
testers
individuals who, without any bona fide intent to rent or purchase a home, apartment, or other dwelling, pose as prospective buyers or renters of real estate for the purpose of gathering information
this information may indicate whether a housing provider is complying with fair housing laws
fair housing assistance program (FHAP)
provides funding to state and local agencies that enforce these additional fair housing protections, as long as the protections are substantially equivalent to the Fair Housing Act
consolidated plan
a plan designed to help states and local jurisdictions to assess their affordable housing and community development needs and market conditions, and to make data-driven, location-based investment decisions
subsidized housing
privately owned housing whose owners agree to lease their properties to low- or moderate-income families in exchange for a subsidy from the government
subsidies come in various forms, including individual vouchers or subsidies for all units in a multifamily dwelling
3 actions housing counselors can take to affirmatively further fair housing
1) research rules for all types of programs with AFFH requirements
2) participate in metropolitan wide area fair housing planning to research impediments to fair housing, and create and implement strategies to address them
3) conduct marketing and outreach campaigns and maintain records
