Session 12: Fair Housing & American w/ Disability Act Flashcards
Civil Rights Act of 1866
Prohibits all racial discrimination without exception, when race is involved, no exceptions apply
Fair Housing Act 1968
Cannot discriminate based on race, color, religion, national origin, sex, familial status, or disability
Why was the Fair Housing Act amended?
Add sex in 1974, and disability and familial status in 1988
Who administered the Fair Housing Act?
Department of Housing and Urban Development (HUD)
Are there exemptions to the Fair Housing Act?
-FSBO: the seller doesn’t own more than three properties
the seller wasn’t living in the home at the time of the sale
-4-plex owner who lives on the property
-Religious owned residential properties
-Private clubs as long as their not used for commercial purposes
What is not covered under Fair Housing Act?
marital status, age, occupation, sexual orientation
What are the exemptions to familial status, and disabilities?
- all units are occupied by persons over 62
- at least 80% of units are occupied by at least one person aged 55 or older
- Illegal drug abusers if they are in a recovery program
- Anyone who poses a threat to health and safety to the public are not protected under the handicap class
Blockbusting
Illegal and discriminatory practices of persuading a homeowner to move because a protected class is moving into the neighborhood and their property value will decrease
Steering
Real estate brokers guide prospective home buyers away from or towards areas that the licensee thinks the client should live
Redlining
Lenders restrict loans in certain areas (neighborhoods, zip codes) for reasons other than creditworthiness
Enforcement of Fair Housing
An aggrieved person has the right to request an administrative proceeding which are hearings held before an administrative judge.
How long does the aggrieved person have to file a complaint?
1 year
Dwelling
any building, structure, or part of a building that is occupied as, or designed or intended for occupancy as, a residence by one or more families
Familial Status
Having a person live with you that is under the age of 18
Who are AZ fair housing complaints heard by?
AZ District Attorney General