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
When was the AZ Fair Housing Act enacted?
1991
When did the ADA go into effect?
1992
Title 1 (ADA)
required employers of 15 or more employees to make reasonable accommodations to allow employees with a disability to perform essential job functions
Title 3 (ADA)
Provides people with disabilities the right to access for goods and services in public & commercial facilities
Where does the ADA focus on
Public places
ECOA (equal credit opportunity act)
Can’t deny a loan based on race, color, religion, national origin, marital status, age, or public assistance
Groups or persons who are exempt from discriminatory practices by the Federal Fair Housing Act of 1968 are
a. hotel & motel operators
b. all non-profit groups
c. real estate schools
d. religious organizations
Religious organizations
A landlord can legally refuse to rent to a prospective tenant because of which of the following?
a. the tenant has AIDS
b. the tenant is a drug addict
c. the tenant is mentally handicapped
d. none of the above
The tenant is a drug addict
When can a homeowner refuse to sell a home to someone of another race?
a. when no discriminatory advertising is used
b. when a real estate broker is used
c. the homeowner can never discriminate on the basis of race
d. when the homeowner is selling more than one unit
The homeowner can never discriminate on the basis of race
A fair housing violation has been filed with HUD. The person who has been violated may elect to have the case heard by
a. The Board of REALTORS
b. A mediation hearing
c. An administrative judge
d. a procuring cause hearing
An administrative judge
Who administers The Fair Housing Act in Arizona?
Arizona Attorney General
A lender refusing to lend money to homebuyers in a predominantly African American neighborhood is in violation of
Redlining
A person has how long to file a housing discrimination complaint with HUD?
1 year
Families with children under the age of 18 (familial status) became a protected class by which of the following?
a. Civil Rights Act of 1866
b. Federal Fair Housing Act of 1968
c. Fair Housing Amendment of 1988
d. Housing and Development Act of 1978
Fair Housing Amendment of 1988
The 1968 Federal Fair Housing Act does not cover discrimination based on
a. marital status
b. race
c. gender
d. national origin
Marital Status
A scare tactic that is used to get people to move out of their homes because of a protected class of people were moving into the area is called
Blockbusting
The case that was heard by the U.S. Supreme Court in 1968 that upheld the Civil Rights Act of 1866 was
Jones v. Mayer
Which of the following is not a Public Accommodation under the Americans with Disabilities Act?
a. broker’s office
b. a hotel
c. a home in a subdivision
d. government office building
Home in a subdivision
