State

Question 1

Civil Rights Act of 1866

Answer 1

Prohibited discrimination based on race or color, but there was no federal agency to enforce this

Question 2

Fair Housing Amendments Act (1988)

Answer 2

Added familial status and disability to the list of protected classes; required owners to make reasonable accommodations to those with disabilities

Question 3

Equal Credit Opportunity Act of 1974

Answer 3

Pushed equal access to credit by prohibiting discrimination on basis of race, color, religion, national origin, sex, marital status, or age (provided the applicant has reached age of majority)

Question 4

The Americans with Disabilities Act of 1990 (ADA)

Answer 4

Prohibits discrimination based on disability in programs, services, and activities provided or made available by public entities; enforced by HUD

Question 5

The Housing for Older Persons Act of 1995 (HOPA) states

Answer 5

Exempts certain communities or facilities from the familial status protected class so they can provide housing to older persons

Question 6

Exemptions to the Fair Housing Act

Answer 6

Owner-occupied buildings with no more than four units: This exemption is commonly known as the “Mrs. Murphy” exemption. “Mrs. Murphy” is the hypothetical elderly widow who’s converted a portion of her home into a rental apartment to supplement her limited income. Note that this exemption doesn’t apply to advertising, so “Mrs. Murphy” can’t run an ad indicating, for example, that a certain religious group isn’t welcome to rent her apartment or room. Also, this exemption doesn’t apply when a real estate agent represents the property owner, because the law presumes agents are professionally trained and aware that housing discrimination is against the law.

Single-family housing sold or rented without the use of a broker: This exemption applies only for a private individual owner who doesn’t own more than three such single-family homes at one time.

Housing operated by organizations and private clubs that limit occupancy to members

Housing designated for senior use: Senior housing must meet specific requirements to qualify for this exemption:
HUD determines that the dwelling is specifically designed for and occupied by elderly persons under a federal, state, or local government program, or
It’s occupied solely by persons who are 62 or older, or
It houses at least one person who is 55 or older in at least 80% of the occupied units, and adheres to a policy that demonstrates intent to house persons who are 55 or older.

Question 7

Note: When state and federal laws conflict, as they sometimes do in fair housing/human rights, the more..

Answer 7

the more restrictive law prevails.

Question 8

Sherman Act

Answer 8

Prohibits actions that cause an unreasonable restraint of trade (limiting competition)

Question 9

Clayton Act

Answer 9

Furthered the Sherman Act by prohibiting activities that create monopolies or reduce competition

Question 10

Federal Trade Commission (FTC) Act

Answer 10

Created the Federal Trade Commission (FTC), which investigates antitrust violations

Question 11

Fiduciary duties

Answer 11

OLD CAR: obedience, loyalty, disclosure, confidentiality, accountability, reasonable skill and care

Question 12

Illinois statutory duties

Answer 12

Adhere to the brokerage agreement’s terms; serve the client’s best interests; employ reasonable skill and care; keep client’s confidential information confidential; comply with all Real Estate Act requirements, as well as all federal and state statutes and regulations affecting real estate

Question 13

Illinois human rights law

Answer 13

Prohibits discriminatory practices in employment, credit transactions, public accommodations, and more

Question 14

Tortious Interference

Answer 14

When a third party deliberately causes a contract to terminate