Unit 17 Flashcards

1
Q

Civil Rights Act of 1966

A

Passed by federal government
Prohibits discrimination based on RACE!!
Anyone qualified can purchase the home they want where they want.
Jones. Mayer- No exceptions when it comes to race
Brought directly to federal court.

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2
Q

Fair Housing Act

A

Group of laws prohibiting discrimination in housing. This includes discrimination based race, color, religion, sex, disability, familial status and national origin.
Administered by the U.S. Department of housing and Urban Development (HUD)- file within 1 year of alleged act. In PA penalties are 16,000 for first offense, 42,500 for the 2nd offense within 5 years and 70,000 for the third within 7 years.
Distributes Fair housing opportunity posters to offices… This declares that the office adheres to the fair housing act

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3
Q

Title VIII of the Civil Rights Act of 1968

A

Prohibits discrimination in housing because of race, color, religion, and national origin.
No exceptions when it comes to race or color.

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4
Q

Fair Housing Amendment Acts

A

1974
Added sex to the protected classes in the sale or rental of housing.
1988
Includes families with children and people with physical or mental disabilities
Changed the penalties making them more severe and added damages

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5
Q

Housing for older persona act (HOPA)

A

repealed the requirement that 55 and older housing have significant facilities and services designed for seniors.

Certain properties an be restricted for elderly persons. Federal law defines elderly as 62 or older (In PA over 40(

  • All units are occupied by persons 62 or older
  • 80%of units are occupied by at least one person 55 and older
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6
Q

Familial Status

A

defined as 1 or more individuals younger than 18 living with a parent or guardian
Includes a woman who is pregnant and anyone in the process of assuming custody.
Cannot restrict number of children or say adult only

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7
Q

Disability Status

A

Physical or mental impairment that limits one or more major life activities. Protects those with HIV/ AIDS.
Protects those is addiction recovery programs such as AA.
Does NOT include those who are current users of illegal or controlled substances individuals who have been convicted of the illegal manufacture or distribution of controlled substances .

CANNOT increase the required security deposit for those with disabilities.

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8
Q

PA Human Relations Act (PHRA)

A

State law deemed to be substantially equivalent to the federal housing act. It is at times more restrictive. It adds religious creed, ancestry.
4 or more employees must adopt non discriminatory practice.
Includes commercial property.

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9
Q

PA Real EstateLicensing and Registration Act (RELRA)

A

Violating any provision of the PA Human Relations Act is also violating real estate license law.
- Accepting listings that illegally discriminate against certain persons or groups
- Giving false info for the purpose of discrimination
- Making distinctions for discriminatory purposes in the location of housing or dates of availability.
Real Estate Commissions can take disciplinary action in addition to action taken by Human Relations Commission.

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10
Q

Official Notice

A

All real estate licensees are required to furnish an official notice to any perspective seller that informs the property owner of both the owners and the licensees obligations under the fair housing laws. The notice provides examples of practices that are considered discriminatory under PA Human Relations Act. It includes a summary of the Civil Rights Act of 1866, applicable federal laws and related parts if PA Real Estate Licensing and registration Act.

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11
Q

Megan’s Law

A

Requires that certain sex offenders register their home with local law enforcement. PA Megan’s Law requires the state police create and maintain the registry of sexual offenders, sexually violent deviate children, and sexually violent predators.
PA real estate licensees are not required to research or disclose info about sex offenders
- Good idea to look up before listing a house for sale
- Tell buyers about website

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12
Q

Federal Equal Credit Opportunity Act (ECOA)

A

Federal trade commission enforces ECOA
Includes marital status!
Buyers and tenants should not seek discrimination when applying for a loan to buy or rent property.
Credit applications are considered only based on income, net worth, job stability, and credit rating.
Applications for credit must be accepted or rejected within 30 days. The creditor must give specific reason why if the applicant is rejected.

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13
Q

Americans with disability act

A

goal is to enable individuals with disabilities to become part of the economic and social mainstream society.
ADA applies to an employer with 15 or more employees.
Must make reasonable accommodations.
Accessibility guidelines

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14
Q

Blockbusting/ panic selling

A
unlawful act of encouraging people to sell or rent their homes by claiming that the entry or prospective entry of a protected class of people into the neighborhood will have a negative impact on property values. Common during the 50's and 60's. White flight to suburbs. 
Owners would sell their property at a decreased price and then it is sold to the next person at a higher price.
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15
Q

Steering

A

Channeling of home seekers to a particular neighborhood or by discouraging potential buyers from considering some areas.

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16
Q

Advertising

A

Do not include language indicating a preference or limitation.

17
Q

Redlinning

A

Refers to the practice of refusing to make loans or issue insurance policies in specific areas for reasons other than the economic qualifications of the applicants. Lenders use to circle neighborhoods and refuse loans to that neighborhood often based on race.
Counteract- home mortgage disclosure act: issue annual reports.

18
Q

Conciliation

A

resolution of. complaint by attaining assurance that the person against whom the complaint was filed will remedy any violation that may have occurred.

19
Q

Intent and effect

A

Disparate impact refers to policies and procedures that appear to be neutral but which negatively affect people in the protected classes. The effect test of liability considers the discriminatory impact on protected classes.