UNIT 18 Fair Housing Flashcards
What is Housing?
A dwelling that includes any building as a residence by one or more families.
What is Familial Status?
One or more individuals under age 18 living with a parent or guardian. Pregnant woman, and anyone assuming custody of someone under 18.
What is Disability?
A physical or mental impairment.
Who is exempt from the Fair Housing Act?
1-Owner occupied buildings with less 4 units.
2-Single Family Housing sold or rented without a licensee.
3-Housing operated by organizations and private clubs, that limit occupancy to members.
Who is exempt from fair housing in a single family home sale?
1-Home is owned by someone who owns less than 3 homes.
2-No real estate licensee is involved.
3-No discriminatory advertising.
When was the first federal Civil Rights Act?
1866 Prohibits any type of discrimination based on race.
What is Title 8 of the Civil Right Act of 1968?
The Federal Housing Act, Federal Fair Housing Act, can not discriminate based on Race, Color, Religion, National Origin.
What years were amendments made to the Federal Fair Housing Act?
1974-Sex (Housing and Community Development Act)
1988-Disability, and Familial Status (Fair Housing Amendments Act)
What is the Jones v Mayer case?
Using the Civil Rights of Act of 1866, they took the case to the Supreme Court and won the case. No exceptions in housing when protecting Race. It expanded the protection to ancestral and ethnic characteristics.
What is the Equal Credit Opportunity Act?
Prohibits discrimination in lending based on Race, Color, Religion, National Origin, Sex, Receipt of Public Assistance, Martial Status, and Age.
What is the ADA?
The American with Disabilities Act.
Title I. Requires employers with 15 or more employees to make reasonable accommodations for people with disabilities.
Title III. Requires Commercial and Public Access Buildings
Who is exempt from the ADA?
I. Property that is covered by the Fair Housing Act.
II. Property that is exempt from coverage by the Fair Housing Act.
What is Megan’s Law?
The Federal Law which requires registration of people who commit sexual crimes against children.
What is blockbusting?
The act of encouraging people to sell or rent their homes by claiming that the entry of a protected class will devalue their properties. HUD requires a profit motive.
What is steering?
The channeling of homeseekers to particular neighborhoods or discouraging neighborhoods from potential buyers.
What is redlining?
Refusing mortgage loans or issuing insurance policies in specific areas for reasons other than economic.
What does the the Civil Rights Act of 1866 prohibit?
Racial Discrimination in real estate transactions Jones v Mayer 1968
What is race?
Includes ancestral, and ethnic characteristics.
Who is exempt from Fair Housing Act (not 1866)?
1- Rentals in owner-occupied buildings with less than 4 units
2- housing operated by organizations and private clubs that limit to members
3- Sale or rental of a SFH when fewer than 3 houses are owned by individual.
What is the HOPA?
Housing for Older Persons Act of 1995 Exemption from Familial Status if it is restricted to persons 62 or older, and 80% of the units are occupied by people over 55.
What is disability?
A physical or mental impairment that substantially limits one o more of an individuals major life activities.
Who enforces the Fair Housing Act?
HUD
Complaint must be filed within 1 year of the alleged discrimination.
100 Days refereed to local enforcement agency, dismisses or goes forward.
Conciliation is the resolution of a complaint within 100 days of filing when respondent promised to remedy.
What is an ALJ?
An Administrative Law Judge - May be the one to hear Fair Housing complaint. Civil action must be filed within 2 years. AG can bring civil action in federal court.
