real estate vocab unit 3 Flashcards
Civil Rights Act of 1866
- The law prohibits discrimination based on race in every property transaction
- But it was largely ignored
- This law prohibits all racial discrimination in the sale or rental of publicaly or privately held property, without exception whether facilitated by a real estate professional or sold or rented by the owner.
Race
Ancestral and ethnic characteristic, certain physical, cultural or linguistic traits that are shared by a group with a common national origin
Title VIII of the Civil Rights Act of 1968 → Fair Housing Act
This act prohibits specific discriminatory practices throughout the real estate industry.
Fair Housing Act
It prohibits discrimination in housed based on : race, color, national origin, religion, sex, familial status or disability
Housing for Older Persons Act (HOPA)
It repealed the requirement that housing intended for those age 55 or older have “significant facility and services” designed for seniors
The Fair Housing Amendments Act of 1988
- It is illegal to discriminate against any person because of race, color, religion, sex, handicap, familiial status, or national origin
- In the sale or rental of housing or residential lot
-In advertising the sale or rental of housing
-In the financing of housing
-In the provision of real estate brokerage services
-In the appraisal of housing
Blockbusting is also illegal
HUD regulations provide specific definitions that clarify the scope of the Fair Housing Act
Dwelling
Any building or part of a building designed for occupancy as a residence by one or more families
Family / Familial Status
- One or more individual under the age of 18 living with a parent or guardian
- A woman who is pregnant
- Anyone who is in the process of assuming custody of a child under age 18
- It is illegal to advertise properties as being for adults only or to indicate a preference for a certain number of children
Disability
- A physical or mental impairment that substantially limits one or more of a person’s major life activities and includes having a record of having such as impairment or being regarded as having such an impairment, even if one does not exist
- A disability is included in the Fair Housing Act as a handicap
Exemptions to the Fair Housing Act
- The federal FHA covers most housing but does not exempt owner occupied building with no more than four units
- Single family housing sold or rented without the use of a real estate professional
- Housing operated by organizations and private clubs that limit occupancy to members
Americans with Disabilities Act (ADA)
Requires reasonable accommodations in employment and access to goods, services and public buildings
Title I of ADA
Requires that employers including real estate professional make reasonable accommodations that enable an individual with a disability to perform essential job function
Title III of ADA
Requires that individuals with disabilities have full accessibility to businesses, goods, and public services
Blockbusting
The act of encouraging people to sell or rent their homes by claimant the the entry of protected class into the neighborhood will have some sort of negative impact on property values
Steering
The channeling of homeseekers to particular neighborhoods or discouraging potential buyers from considering some areas.
