notes Flashcards by Olivia Obrien

failure to comply with fair housing laws is both a(n) ___ and ___ violation and constitutes grounds for ___ against a licensee

civil and criminal violation
disciplinary action

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in IL, the act requires that when a judgment in either a civil or criminal proceeding has been made against a licensee for illegally discriminating, his license must be ___ or ___ unless a(n) ___ is active

suspended or revoked unless an appeal is active.

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the federal civil rights act of 1866 prohibited discrimination in housing based on….

race or color

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___ prohibited discrimination in housing based on race or color

the civil rights act

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the fair housing act prohibits discrimination in housing based on which 7 things?…

1) race
2) color
3) religion
4) sex
5) disability
6) familial status
7) national origin

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the ___ administers the fair housing act

dept of housing and urban development (HUD)

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who distributes the equal housing poster?

HUD

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the ___ declares that the office in which it is displayed promises to adhere to the fair housing act and pledges support for affirmative marketing and advertising programs.

equal housing opportunity poster

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the equal housing opportunity poster declares that the office in which it is displayed promises to adhere to ___ and pledges support for affirmative marketing and advertising programs.

the fair housing act

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where should the equal housing opportunity poster be displayed?

every real estate office

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in addition to protections from the federal fair housing act, the IL human rights act also offers protection against discrimination based on which 8 things?

1) age
2) marital status
3) source of income
4) ancestry
5) military status
6) unfavorable military discharge
7) sexual orientation
8) order of protection status

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who investigates a licensee for discriminatory practices?

HUD

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failure to ___ in the licensee’s place of business may be considered as evidence of discrimination

display the fair housing poster

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failure to display the fair housing poster in the licensee’s place of business may be considered as…

evidence of discrimination

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An apartment building has several vacant units. when an asian family asks to see one of the units, the owner tells them to go away. how does this violate the fair housing act?

refusing to sell, rent, or negotiate the sale or rental of housing as a means of discrimination

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a landlord tells a catholic prospective tenant that the rent for a duplex is $600 per month. however when talking with the other tenants, the prospective tenants learns that all the muslims in the complex pay only $525 per month. how does this violate the fair housing act?

changing terms, conditions, or services for different individuals as a means of discriminating

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a real estate licensee places the following ad in a newspaper: “just listed! perfect home for white family near excellent parochial school!” how does this violate the fair housing act?

advertising any discriminatory preference or limitation in housing or making any inquiry or reference that is discriminatory in nature

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a man who uses a wheelchair is told that the house he wants to rent is no longer available. the next day however the “for rent” sign is still in the window. how does this violate the fair housing act?

representing that a property is not available for sale or rent when in fact it is

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a real estate licensee sends brochures to homeowners in the predominantly white ridgewood neighborhood. the brochures, which feature the licensee’s past success selling homes, include photos of racial minorities, population statistics, and the caption “the changing face of ridgewood.” how does this violate the fair housing act?

profiting by inducing property owners to sell or rent on the basis of the prospective entry into the neighborhood of persons of a protected class

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a lender requires a divorced mother of 2 young children to pay for a credit report. in addition, her father must cosign her application. after talking to a single male friend, the woman learns that he was not required to do either of those things, despite his lower income and poor credit history. how does this violate the fair housing act?

altering the terms or conditions of a home loan, or denying a loan, as a means of discrimination

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the county real estate association meets weekly to discuss available properties and buyers. none of the county’s black or female licensees are allowed to be a member of the association. how does this violate the fair housing act?

denying membership or participation in a MLS, real estate organization, or another facility related to the sale or ental of housing as a means of discrimination

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familial status means that the acts protections extend to ___ including ___

families with children including women who are pregnant

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why are pregnant women protected under the fair housing act?

familial status

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unless a property qualifies as ___, all properties must be made available to families with children under the same terms and conditions as anyone else.

housing for older persons

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unless a property qualifies as housing for older persons all properties must be made available to ___ under the same terms and conditions as anyone else.

families with children

it is illegal to advertise properties as being for "adults only." true or false?

true

occupancy standards must be based on objective factors such as ___ or ___

sanitation or safety

landlords must make ___ to existing policies, practices, or services to permit persons with disabilities to have equal enjoyment of the premises

reasonable accommodations

An example of a(n) ___ from a landlord for persons with disabilities would be allowing service animals in a unit that is normally "no pets" or to provide a designated parking space

reasonable accomodation

an assistance animal is NOT considered to be...

a pet

persons with disabilities must be permitted to make ___ to the premises at their own expense

reasonable modifications

failure to permit a disabled person from lowering door handles or installing bath rails constitutes ___

discrimination

if a reasonable modification made by a disabled person makes a rental property undesirable to the general population, the landlord is allowed to require that the property ___ when the lease ends

be restored to its previous condition

landlords may not ___ for persons with disabilities if they need to make modifications

increase the security deposit

landlords may not increase the security deposit for persons with disabilities if they need to make modifications, however in order to ensure with reasonable certainty that funds will be available to pay for the restorations at the end of the tenancy, they may negotiate a(n) ___ stating that the tenant pay into a(n) ___ over a reasonable period, a reasonable amount of money ___.

restoration agreement interest-bearing escrow account not to exceed the cost of restorations

landlords may not increase the security deposit for persons with disabilities if they need to make modifications, however in order to ensure with reasonable certainty that funds will be available to pay for the restorations at the end of the tenancy, they may negotiate a restoration agreement stating that the tenant pay into an interest-bearing escrow account over a reasonable period, a reasonable amount of money not to exceed the cost of restorations. who benefits from the accrued interest?

the tenant

in newly constructed multifamily buildings with an elevator and 4 or more units, public and common areas must be...

accessible to persons with disabilities

in newly constructed multifamily buildings with an elevator and 4 or more units, doors and hallways must be...

wide enough for wheelchairs

in ___ buildings with a(n) ___ and ___ or more units, public and common areas must be accessible to persons with disabilities, and doors & hallways must be wide enough for wheelchairs

newly constructed multifamily elevator 4

in newly constructed multifamily buildings with an elevator and 4 or more units, the entrance to each unit must be...

accessible for persons with disabilities

in newly constructed multifamily buildings with an elevator and 4 or more units, bathroom walls should be...

reinforced to accommodate later installation of grab bars

in newly constructed multifamily buildings with an elevator and 4 or more units, kitchens must be...

wheelchair accessible

in newly constructed multifamily buildings with 4 or more units that DO NOT have an elevator, ___ units must meet accessibility requirements.

ground floor

there is NEVER an exemption to the fair housing act regarding...

race

Regarding all classes protected by the fair housing act, with the exception of race, which 3 types of housing are exempt under certain conditions?

1) owner-occupied buildings with less than 4 units 2) single family housing sold or rented without the use of a real estate licensee 3) housing operated by organizations and private clubs that limit occupancy to members

The sale or rental of a single family home is exempt from fair housing laws when the home is owned by an individual who does not own more than ___ such homes at one time, and who does not sell more than ___ every ____

3 homes 1 home every 2 years

The sale or rental of a single family home is exempt from fair housing laws when a(n) ___ is not involved in the transaction

real estate licensee

The sale or rental of a single family home is exempt from fair housing laws when ___ is not used

discriminatory advertising

The rental of rooms or units is exempt from fair housing laws in a(n) ___ with ___-___ family dwelling

owner-occupied building 1-4 dwelling

Dwelling units owned by religious organizations may be restricted to members of this religion as long as...

membership in the organization is not restricted on the basis of race, color, or national origin

a private club that is not open to the public may restrict the rental or occupancy of lodgings that it owns to its members as long as the lodgings are not...

operated commercially

What type of housing is exempt from the familial status protection?

housing for older persons (62+) or when 80% of units are occupied by individuals 55+

the housing for older persons act (HOPA) repealed the requirement that 55+ housing have ___ and ___ designed for seniors

facilities and services

the housing for older persons act (HOPA) requires that at least ___ of occupied units have one person age ___ or older living there

80% 55

even though the ADA is not a housing or credit law, why is it important in the real estate industry?

Real estate licensees are often employers, and real estate brokerage offices are public spaces

title I of the ADA requires that employers make ___ to enable an individual with a disability to perform essential job functions

make reasonable accommodations

provisions of the ADA apply to any employer with ___ or more employees

Title III of the ADA requires that persons with disabilities have full accessibility to ___, ___, and ___

businesses, goods, and public services

because those with disabilities have the right to full and equal access to businesses and public services under the ADA, building owners and managers must ensure that...

any obstacles restricting this right is eliminated

some properties are subject to both the ___ and the ___.

ADA and fair housing act

In an apartment complex, the rental office is a place of public accommodation. therefore it must comply with the ___ at ___ expense

the ADA the owner's expense

While public spaces in certain properties are covered by the ADA, individual rental housing units are covered by the ___.

Fair housing act

Who is responsible for the cost of modifications to rental units?

the tenant

the fair housing act is administered by the ___ under the direction of the ___.

Office of Fair Housing and Equal Opportunity (FHEO) secretary of HUD

any person who believes illegal discrimination has occurred may file a complaint with ___ within ___ of the alleged act.

HUD 1 year

any message, however subtle or accidental, that property should be sold or rented because the neighborhood is "undergoing changes" is considered ___.

blockbusting

in renting, ___ occurs when the landlord puts members of a protected class on a certain floor or in a certain building

steering

if a landlord tells a member of a protected class that no vacancies exist when there actually is a vacancy, what has just occurred?

steering

advertisements of property for sale or rent may not include language indicating a(n) ___ or ___.

preference or limitation

is it legal for an advertisement to state "looking for a female roommate"?

yes as long as the advertiser is seeking to share living quarters with someone of the same gender

in order to avoid advertising using only one group of narrowly focused media, it is best to run ads in ___ or in ___ as a standard of good practice

several locales general-circulation media

The ___ signals to the world that one is open for business to anyone who is of age and financially able to purchase real estate

fair housing symbol

a lending institution may only refuse a loan solely based on ___

documentable financial grounds

In IL, what are the 7 ways that fair housing laws can be violated?

1) refusing to engage in a real estate transaction 2) altering the terms, conditions, or privileges of a transaction 3) refusing to receive or failing to transmit an offer 4) refusing to negotiate 5) representing that property is not available, or failing to bring a property listing to an individuals attention, or refusing to permit them to inspect 6) publicizing an application form that indicates an intent to engage in discrimination 7) offering, soliciting, accepting, using, or retaining a listing with the knowledge that discrimination is intended

In IL, it is a civil rights violation for an owner or agent of any housing accommodation to engage in which 2 discriminatory acts against children?

1) requiring that the tenant will not have 1 or more children younger than 18 at the time of application 2) inserting a condition in any lease that terminates the lease if one or more children in the family are ever occupying the dwelling

it is a(n) ___ violation to refuse to rent to someone with a service animal

civil rights

if a service animal damages the premises, who is liable for the damage?

the tenant

private owners of single family homes are exempt from the anti-discriminatory provisions of the IL human rights act under which 4 conditions?

1) own fewer than 3 single family homes 2) they were (or a member of their family was) the last current resident 3) the home was sold without the use of a real estate licensee 4) home was sold without the use of discriminatory advertising

Apartment buildings are exempt from the anti-discriminatory provisions of the IL human rights act as long as there is not more than ___ families living independently of each other, and as long as ___ resides in one of the housing accommodations

4 families the owner

In IL, private rooms in a private home occupied by an owner or the owner's family member are exempt from...

anti-discrimination laws under IL Human rights act

In IL, it is NOT a violation of anti-discrimination laws to restrict the rental of a room in a housing accommodation to persons of...

one sex

In IL, a child sex offender who owns residential real estate, in which the offender lives and rents, is exempt from renting a unit in that property to a person who is...

the parent or guardian of a child

What are 3 effective means of self-protection for licensees?

1) standardized inventories of listings 2) standardized criteria for financial qualification 3) written documentation of activities & conversations

the ___ system of a profession establishes guidelines that reach to the higher principles of what is right

ethical

professional ethics in business usually focus on what 2 main aspects of the profession?

1) establishing standards for integrity and competence in dealing with consumers 2) define a code of conduct for relations within the industry and among its professionals

the ___ establishes strict professional standards for all realtors.

code of ethics and standards of practice

Law that prohibits steering, blockbusting, and redlining

Fair Housing Act

in IL, the ___ amplifies federal legislation

IL Human Rights Act