Section 7 Review Flashcards
Civil Rights Act - 1866
RACE
illegal to discriminate sale/leasing based on race
Jones v. Alfred H. Mayer Co is a Supreme Court case which upheld what?
Civil Rights Act of 1866.
Civil Rights Act - 1964
SEGREGATION
Ended racial segregation
Title 8 of the Civil Rights Act of 1968
FAIR HOUSING ACT 1968
What does the Fair Housing Act of 1968 prohibit? (original 4)
DISCRIMINATION OF:
RACE
COLOR
RELIGION
NATIONAL ORIGIN
1974 Amendment to Fair Housing Act?
GENDER
1988 amendment to the Fair Housing Act
FAMILIAL & HANDICAP STATUS
When a single-family home is privately owned, and a real estate agent is hired to sell or rent the home, What laws must be followed?
FAIR HOUSING ACT!!
When a single-family home is owned by a person who owns __ or more Residential properties, or has sold __ all fair housing laws must be followed.
4+
2+ non-owner-occupied residential properties in the past 2 years
When a MULTIFAMILY BUILDING has ____________, all fair housing laws must be followed.
5+ UNITS
When a MULTIFAMILY BUILDING has ________ units and THE OWNER DOES NOT __________________, all fair housing laws must be followed.
4 OR LESS
LIVE IN ONE OF THE UNITS
Exemptions from Fair Housing Act only apply if there is no _______________ involved and a ___________ is not used to help sell or rent the property.
discriminatory advertising
real estate agent
If a property is in a 55+ community which has been ________________ as such, the owner is exempt under fair housing law for familial status.
55 and up
officially registered
Religious organizations may restrict units to members of their religion provided they ______________________.
do not discriminate in accepting membership
The Fair Housing Act combined with regulation through (HUD) requires that a Fair Housing Poster (obtained from HUD)
must be displayed by rental and brokerage offices and construction locations
Within __ days after a complaint is filed HUD will send the respondent and the complainant notice of receipt of the complaint and begin an investigation within __ days.
10
30
Within __ days of receiving the notice, the respondent must submit to the HUD an answer to the complaint.
10
If a case has reasonable cause, the case will be heard by a _________ unless one of the parties elects within to have it heard in federal court within __ days
HUD Administrative Law Judge
20
Civil suits filed for discrimination must be filed within __ years of the act.
2
__________________provides protection from discrimination of individuals with disabilities when it applies to Real Estate.
Americans with Disabilities Act of 1990
ADA Requires ________________ be made when needed.
accommodations
reasonable modifications
Under ADA, covered multifamily housing built and ready for occupancy after ___________must follow design requirements to ensurethat housing is accessible to persons with disabilities.
March 13, 1991
land developers must register developments of __ or more LOTS with the Consumer Financial Protection Bureau (CFPB).
(Under the Interstate Land Sales Full Disclosure Act)
100
With developments of 25 or more lots, the developer must give purchasers a _____________ PRIOR to the buyer signing the purchase agreement.
Property Report
Florida’s Fair Housing Law protects the same __ classes as the federal fair housing law.
7
Chapter 760 of Florida Statutes states that it is a violation for a licensee to coerce a homeowner to sell or rent with ____________ intent.
discriminatory
Florida Statutes Chapter 83, Part II protects ______ known as the Florida Residential _____________ Act.
tenants
Landlord and Tenant
When the landlord is holding a deposit, funds must be held by one of the following methods:
- separate non-interest-bearing FL bank account
- separate interest-bearing FL bank account and pay the tenant at least 75% interest or 5% per year simple interest
- Post a bond for the amount of the security deposits and advance rents or $50,000 (whichever is less) and pay the tenant 5% per year simple interest.
The landlord must provide written notice to tenant within __ days of collecting deposit as to which method was chosen to hold their deposits.
30
If abroker holds the funds on behalf of the landlord, the brokermust abide by license law regarding escrow funds: Deposits and advance rents must be deposited into _______________________
the broker’s escrow account.
The landlord is required to give a tenant reasonable notice ofat least ______ to enter the property. If it is an emergency, the landlord may enter property ________.
12 hours
without notice
A landlord may terminate a lease for nonpayment of rent with only __________ notice.
3 business days’ notice.
Either party may terminate a lease if the other party is not living up to the terms of the lease bygiving the other a __day notice and ___________________. This notice must be given in writing and delivered personally or mailed if given by the tenant. The landlord may also choose to post the notice on the door.
7-day notice and opportunity to correct the situation
Upon lease end when the landlord is holding a security deposit, the landlord must: Return the deposit to the tenant within _____ if no claim is to be made or send written notice by certified mail within ______ if claim is made on the deposit. The tenantis allowed _____ to respond to the landlord’s written claim.
15 days
30 days
15 days
Notify tenant in writing (following 3-business-day or 7-day rule); after time period is up, file complaint for eviction with the courts; tenant has 5 business days to respond to complaint; if tenant continues to occupy without responding, obtain final judgment from court; post 24-hour notice; and court issues writ of possession to be served by the sheriff to the tenant.
The Eviction Process includes
Convincing owners to sell property cheaply by scaring them into thinking that the property will lose value due to members of a protected group moving into the neighborhood, and thus profiting by reselling at a higher price.
BLOCK-BUSTING
What does protection from discrimination based on familial status means?
families with children under the age of 18 MUST NOT BE DISCRIMINATED AGAINST
What does protection from discrimination based on handicap status means?
Physical or Mental impairment substantially limiting major life activities CANNOT BE DISCRIMINATED AGAINST
What is a PROPERTY REPORT?
a disclosure that details information about the subdivision
Give a few examples of public accommodations?
hotels, restaurants, gas stations, places of entertainment, city bus
When lenders and insurance companies refuse services based on an area being made up of a high concentration of a protected group
RED-LINING
It is unlawful to _____ a group of people away or toward housing based on being a member in a protected class.
steer/steering
55+ communities must maintain __% of 55+ occupancy to keep their status
80
