Unit 18 Flashcards
Testers
the federal government hires people to pretend to be buyers and sellers to see if you’ll do anything that is considered to be discriminatory
Can you give information on demographics?
no, but can give resources for them to look it up
Civil Rights Act of 1866
prohibits discrimination based on race in every property transaction
Plessy vs. Ferguson
uphold racial segregation in public facilities; separate but equal doctrine
Brown v. Board of Education
reversed separate but equal
Jones v. Mayer
in some situations, it might be okay to discriminate but you can never racially discriminate; if someone gets a real estate license, they cannot discriminate in any way ever
Fair Housing Act
prohibits discrimination in housing based on race, color, national origin, religion, sex, familial status, disability, creed
What prohibited racial discrimination?
1866 Civil Rights Act
What prohibited color discrinimation?
Title VIII of the 1968 Civil Rights Act
What prohibited national origin discrimination?
Title VIII of the 1968 Civil Rights Act
What prohibited discrimination of religion?
Title VIII of the 1968 Civil Rights Act
What prohibited sex discrimination
1974 Housing & Community Development Act
What prohibited discrimination on familial status?
1988 Fair Housing Amendment Act
What prohibited disability discrimination?
1988 Fair Housing Amendment Act
Familial Status Exemption
allows for senior communities; 62+ or 55+ communities
Housing for Older Persons Act
repleased the requirement that housing intended for those age 55+ to have significant facilities and services designed for seniors
If 62+ community, how many people living there have to be 55+
100%
If 55+ community, how many people living there have to be 55+?
80%
Dwelling
any building or part of a building designed for occupancy as a residence by one or more families
Familial Status
1 or more individuals under age 18 living with a parent or guardian; includes a pregnant woman or people in process of obtaining custody of child
Disability
handicap; a physical or mental impairment that substantially limits one or more of a person’s major life activites and includes having a record of having such an impairment or being regarded as having such an impairment even if one does not exist
Are people illegally abusing drugs protected by Fair Housing?
no, unless they’re seeking/receiving treatment
What must landlords do for people with disabilities?
make reasonable accomodations to existing policies, practices, or services to permit people with disabilities to have equal enjoyment of the premises
What must people with disabilities be permitted to do?
make necessary, reasonable modifications to the premises at their own expense
When is the landlord allowed to require the property be restored to its previous condition when the lease period ends for people with disabilities?
when reasonable modifications might make a rental property undesirable to the general population
Can you prohibit occupancy exclusively to peopel with a disability in places desinged for those accomodations?
yes
When can a landloard negotiate a provision requiring the tenant to pay an interest-bearing escrow account for people with disabilities?
when you need to ensure that funds will be available to pay for the restorations at the end of the tenancy; account cannot exceed cost of restorations
Exemptions to Fair Housing Act
- owner-ocupied buildings wiht no more than 4 units
- single-family house sold or rented without the use of a real estate professional
- housings operated by organizations and private clubs that limit occupancy to members
- rental of rooms or units in owner-occupied buildings of <4 units
- sale or rental of a home that is owned by an individual who does not own more than 3 such homes at one time or sells more than 1 every 2 years
- sale or rental of a home without a real estate professional involved in the transaction
- sale or rental of a home where discriminatory advertising is not used
- housing owned by religious organization can restrict people only of their religion as long as they don’t discriminate membership
- private clubs can restrict to its members as long as not commercially operate and club does not discriminate in membership
- housing for invidivuals who tenancy would constitute a direct threat to the health and safety of other individuals or would result in substantial physical damange to the property of others
Americans with Disabilities Act
requires resonable accomodations in employment adn access to goods, services, and public buildings
Goal of ADA
to enable individuals with disabilities to become part of the economic and social mainstream of society
Title 1 of ADA
requires that employers make reasonable accomodations that enable an individual with a disability to perform essential job functions; apply to employers with 15+ employees
Title 3 of ADA
requires that individuals with disabilities have full accessibility to businesses, goods, and public services; building owners and managers of commerical spaces must be constantly alert ot ensure that obstacles are removed
ADA exempts from its requirements
- property that is coverd by Fair Housing
2. property that is exempt from coverage by the Fair Housing Act
Blockbusting
the act of encouraging people to sell or rent their homes by claiming that the entry of a protected class of people into the neighborhood will have some sort of negative impact of property values
What is a critical element of blockbusting
profit motive
Steering
channeling of homeseekers to particular neighborhoods or discouraging potential buyers from considering some areas
Advertising
advertisements of property for sale or rent may not include language indicating a preference or limitations, no exceptions
Appraising
those who prepare appraisals or any statements of valuation may consider any factors affeting value other than protected class factors
Redlining
the practice of refusing to make mortgage loans or issue insurance politices in specific areas for reasons other than the economic qualifications of the applicants
Intent and effect
whenever policies or practices result in unequal treatment of people in the protected classes, they are considered discriminatory, regardless of any innocent intent
Response to concerns of terrorism
need to ensure their procedures and education for protecting against terrorism do not infringe on fair housing rights of others; cannot screen applicants
Can you discriminate based on citizenship?
yes
Who are complaints filed to?
Secretary of HUD in DC within 1 year of date of alledged discriminatory act
How long does HUD have to decide if they will pursue a discriminatory act
100 days
Conciliation
the resolution of a complaint by obtaining assurance that the person against whom the complaint was filed (the respondent) will remedy any violation that may have occured; respondant agrees to take steps to eliminate or prevent discriminatory practices in the future
Where are complaints brought under Civil Rights Act of 1866 taken?
directly to federal court
Threats or acts of violence
if in the course of doing a discriminatory act there was a threat of violence, Fair Housing protects the rihgts of those who seek the benefits of their fair housing laws; protects owners and real estate professionals who aid or encourage the enjoyment of fair housing rights
Administrative Law Judgement (ALJ)
has the authroity to award actual damanges to an aggrieved party and impose a monetary penalty if it is believed the public interest will be served; can issue an injunction to order the offender to either do something or refrain from doing something
Administrative Proceeding
a hearing held before an administrative law judge
What is a real estate professional’s duties for fair housing?
social and legal responsibility to ensure that everyone’s civil rights are protected
Consequences for real estate professionals who violate fair housing laws
financial penalties, can have license suspended or revoked
