UNIT 17 ETHICAL PRACTICES & FAIR HOUSING Flashcards
KNOW:
- CIVIL RIGHTS ACT OF 1866 (PG 317)
- FAIR HOUSING AMENDMENTS ACT OF
CIVIL RIGHTS ACT OF 1968
-THE FAIR HOUSING AMENDMENTS ACT 1974?
-IN 1988 FAIR HOUSING ADDED WHAT?
WHAT PENALTIES WERE ADDED?
- 1995 WHAT IS HOPA?
-THE FAIR HOUSING ACT IS MANDATED BY
(PG 320)-CIVIL RIGHTS ACT OF 1866 The federal
governments effort to guarantee equal
housing opportunities to all US citizens began with
the passage of the civil rights act of 1866. The law
prohibits any type of discrimination based on race,
and color
Discrimination based on
TITLE VIII (8) CIVIL RIGHTS ACT OF 1968
prohibits discrimination in housing because of
-race
-color
-religion
-national origin
**NO EXEMPTIONS BASED ON RACE/COLOR & EXEMPTS CERTAIN INDIVIDUAL & GROUPS FROM COMPLIANCE
(KNOW)
IN 1974 -sex was added to protected class of sale/rental
IN 1988
-disability (physical or mental)
-familial status (families with children under 18)
including pregnant women & trying to assume
custody of 18 & younger.
** THE 1988 ACT ALSO CHANGED PENALTIES,
making more severe, and add damages, such as
those for non-economic injuries such as
humiliation, embarrassment, inconvenience, and
mental anguish.
- 1995 (HOPA) HOUSING FOR OLDER PERSONS
ACT 62 or older / PA IT’S 40
-FAIR HOUSING ACT ADMINISTERED BY THE U.S. DEPT OF HOUSING & IS MANDATED BY HUD
(PG 319)
IT IS ILLEGAL TO DISCRIMINATE AGAINST ANY PERSON BECAUSE OF
RACE/ COLOR/ RELIGION/ SEX/ HANDICAP/ FAMILIAL STATUS/ NATIONAL ORGIN
BY WHO/ WHAT / HOW??
-SALE OR RENTAL of housing or residential
lots
-ADVERTISING the sale of rental of housing
-FINANCING of housing
-provision of real estate BROKERAGE SERVICES
-APPRAISALS of housing
-BLOCKBUSTING is also illegal
HOUSING FOR OLDER PERSONS ACT (HOPA) (PG 320)
IN 1995
IN 1995
-repealed the requirement that 55 and older
housing have SIGNIFICANT FACILITIES and
services designed for seniors
-HOPA prohibits awarding money damages against
those, who in good faith, reasonable believe the
property designated as housing for older persons
was exempt from familiar status provisions
-Certain properties can be restricted to occupy
elderly
– FEDERAL LAW defines elderly as 62 or older
– PENNSYLVANIA persons over age 40 are
protected
– two types of housing may be exempt:
– if all units are occupied by 62 and older
-if 80% of the units are occupied by at least one
person 55 and older
EXEMPTIONS OF THE FEDERAL FAIR HOUSING ACT & PENNSYLVANIA LAW
(PG 322)
***STATE & LOCAL LAWS CAN ADD PROTECTIONS, BUT THEY CAN’T TAKE THEM AWAY FROM THE FEDERAL FAIR HOUSING ACT/LAW
PENNSYLVANIA LAW is more restrictive than the federal law.
The federal exemptions WITH PENNSYLVANIA EXCEPTIONS include the following:
– owner occupied building of 1 to 4 family
dwellings. PENNSYLVANIA LAW only
recognizes an exemption in the rental of
an OWNER OCCUPIED TWO UNIT
DWELLING
(Think duplex or added in apartments);
- an owner occupied rooming house with a
common entrance and shared bathroom facility;
- or (in the case of sex) the rental of housing
accommodations in a SINGLE SEX DORMITORY
– single-family housing sold or rented without the
use of a licensee
– housing operated by organizations and private
clubs that limit occupancy to the members
WHAT CONDITIONS IS THE SALE OR RENTAL OF A SINGLE FAMILY HOME EXEMPT FROM THE FAIR HOUSING ACT?
(PG 322)
The sale or rental of a single family home is exempt under the following conditions:
– the owner does not own more than three such
homes at one time (and does not sell more than
one every two years). This exemption DOES NOT
APPLY under PENNSYLVANIA LAW (PG 322)
– a real estate licensee is not involved in the
transaction
– discriminatory advertising is not used
RESTRICTIONS OF ORGANIZATIONS & PRIVATE CLUBS (PG 322)
-housing owned by RELIGIOUS organizations
may be restricted to people of the same
religion if membership in the organization is not
restricted on the basis of race, color, or national
origin
– private clubs that are not open to the public
may restrict the rental or occupancy of
lodgings that it owns to its members as long as
the lodgings are not operated commercially
– membership in a private club must be open to all
people of all races, colors, national origins.
– The fair housing act does not require that housing
be made available to individuals whose tenancy
would constitute a direct threat to the health or
safety of other individuals or that would result in
substantial physical damage to the property of
others.
WHAT IS THE PHRA?
PG 322
PENNSYLVANIA HUMANS RELATIONS ACT
UNDER PENNSYLVANIA FAIR HOUSING LAWS
WHAT ARE SOME OF THE DIFFERENCES BETWEEN THE PHRA & THE FEDERAL FAIR HOUSING ACT.
(PG 322)
In some cases the PENNSYLVANIA HUMAN RELATIONS ACT is more restrictive than the FEDERAL FAIR HOUSING ACT
The PHRA is the STATE LAW deemed to be “substantially equivalent” to the federal fair housing act.
– in addition to the federal protected class and the
prohibited acts, the PHRA adds RELIGIOUS
CREED, ANCESTRY
– PHRA protected class, age is a person 40 years
and older (as compared to 62)
HOW DOES THE PHRA DEFINE DISABILITY?
(PG 322)
(HAS TO DO WITH USE OF GUIDE ANIMALS)
The PHRA defines disability more specifically (then the federal fair housing act).
The PHRA defines it as:
– handicapped or disability, use of guide
animal because of
-BLINDNESS/DEAFNESS,
-use of SUPPORT ANIMALS because of
PHYSICAL HANDICAPPED,
- a HANDLER OR TRAINER of a support or
guidance animal
- or because of the handicap or disability
of a person with whom an individual has a
RELATIONSHIPS OR ASSOCIATION.
TRUE/FALSE
BOTH PENNSYLVANIA & THE FEDERAL LAWS APPLY TO BOTH HOUSING & COMMERCIAL PROPERTIES
(PG 322)
FALSE:
“Unlike federal law, PENNSYLVANIA LAW applies not only to housing accommodations but also to commercial property.
Prospective purchasers or tenants of commercial property in PENNSYLVANIA are afforded the same protection as those seeking housing”.
IN PENNSYLVANIA, THE FEDERAL FAIR HOUSING ACT EXEMPTIONS HAVE LIMITED APPLICATION
(CONTINUED PG 323)
The federal exemptions apply ONLY to FEDERALLY ASSISTED PRIVATELY OWNED HOUSING and
GOVERNMENTAL HOUSING located in PENNSYLVANIA.
In the PREVIOUS DISCUSSION relating to exemptions, pay particular attention to the explanations regarding PENNSYLVANIA LAW.
PENNSYLVANIA R.E. LICENSING AND REGISTRATION ACT (RELRA)
STATES THAT VIOLATING ANY PROVISIONS OF THE PHRA IS ALSO A VIOLATION OF R.E. LICENSING AND REGISTRATION LAWS (RELRA)
THE ACT SPECIFICALLY PROHIBITS WHAT?
(PG 323)
(ANY form of discrimination)
Violating ANY provision of the PENNSYLVANIA HUMAN RELATIONS ACT is also a violation of the real estate licensing law.
Section 604 of the real estate licensing and registration act specifically prohibits
– acquiring listings that illegally discriminate against
certain persons or group in the sale or rental of
property
– giving false information for the purpose of
discrimination
– making distinctions, for discriminatory purposes, in
the location of housing or dates of availability
POSTERS IN REFERENCE TO THE
-PENNSYLVANIA RELATIONS ACT MUST
BE?
-THIS IS MANDATED BY WHO?
-FAILURE TO DO SO COULD BE CONSIDERED
WHAT?
(PG 323)-ANY INDIVIDUALS SUBJECT TO THE
PENNSYLVANIA HUMAN RELATIONS ACT
MUST PROMINENTLY display posters in
reference to fair housing and a fair lending in the
place of business
-The PENNSYLVANIA HUMAN RELATIONS
COMMISSION PREPARES AND DISTRIBUTES
fair housing and fair lending posters.
– Failure to do so can be considered evidence of
discrimination.
A R.E. LICENSEE IS REQUIRED TO FURNISH AN OFFICIAL NOTICE IN REFERENCE TO THE PENNSYLVANIA HUMAN RELATIONS ACT TO ANY PERSPECTIVE SELLER THAT INFORMS PROPERTY OWNER OF BOTH THE OWNER’S AND LICENSEES OBLIGATIONS UNDER ………..
-WHAT IS THIS ACT IN REFERENCE TO?
-discriminatory practices
-“The notice provides examples of practices
that are CONSIDERED DISCRIMINATORY
under the PENNSYLVANIA HUMAN RELATIONS
ACT”
- they include a summary of the civil rights act of
1866
- applicable federal laws
- and related parts of the PENNSYLVANIA real estate
licensing and registration act.
(See picture and tablet figure 17.2)
UNDER THE PENNSYLVANIA HUMAN RELATIONS COMMISSION, THE PENNSYLVANIA HUMAN RELATIONS ACT OF OCTOBER 27, 1955 SAYS IT IS ILLEGAL TO DISCRIMINATE TO REFUSE TO -SELL -LEASE -FINANCE -OR OTHERWISE DENY -OR WITHHOLD -RESIDENTIAL -OR COMMERCIAL PROPERTY LOCATED IN THE COMMONWEALTH OF PENNSYLVANIA BECAUSE OF ANY PERSONS BEING -WHAT? -this was stated when (9 in all) (PG 324 THE HUMAN RELATIONS COMMISSION)
- race
- color
- religious creed
- sex
- ancestors
- disability
- national origin
- age
- familial status
THE PENNSYLVANIA HUMAN RELATIONS OF OCTOBER 27th 1955
