Unit 18: Fair Housing Flashcards
Failure to comply with fair housing laws is both..
a civil and a criminal violation and constitutes grounds for disciplinary action against a licensee.
What is the Civil Rights Act of 1866:
Prohibits any type of discrimination based on race
Also called the Federal Fair Housing Act
Legislation prohibited discrimination in housing based on race, color, religion, or national origin..
(Plessy v Ferguson established the separate but equal doctrine of legalized racial segregation)
What is the Federal Fair Housing Act also known as?
Civil Rights Act of 1866
What is it called when Legislation prohibited discrimination in housing based on race, color, religion, or national origin..
Civil Rights Act of 1866 or Federal Fair Housing Act
The community Development Act (1974)
Added sex to the list of protected classes
The Fair Housing Amendments Act (1988)
Added disability and familial status (presence of children) to the list of protected classes.
What is the act that Added disability and familial status (presence of children) to the list of protected classes.
The Fair Housing Amendments Act (1988)
What is the act that Added sex to the list of protected classes
The community Development Act (1974)
Who is the Fair Housing Act administered by?
The US Department of Housing and Urban Development (HUD)
The US Department of Housing and Urban Development (HUD) administers:
The Fair Housing Act
As a licensee, you should include the:
equal opportunity logo on marketing materials
What is discrimination with respect to housing?
Dwelling that includes any building/part of buildings designed for one or more families
What is familial status?
one or more people that are not 18+
Includes pregnant women
Housing must be available for younger people
It is illegal to advertise property as being for adults only or to indicate a preference for a certain number of children
Yes
What is a disability?
A mental or physical impairment
Includes a history of impairments to their major life activities
This includes AIDS
Does not protect current users of illegla or controlled substances but does prohibit discrimination against those who are participating in addiction recovery programs
Are people with AIDS protected by disabiility?
No
Are people that are current users of illegal substances protected by disability?
No
Are people in addiction recovery programs protected?
Yes
Who is and isn’t protected under the disability __
Is:
Mental/Physical impairment + AIDS
Addiction recovery programs
Not:
Current drug users
Landlords are required to make what for persons with disabilities?
make reasonable accommodations to existing policies, practices or services to ensure persons with disabilities have equal enjoyment of the premises.
If failure to accommodate someone with disabilities, the landlord constitutes
If failure to accommodate, landlord constitutes discrimination
What happens if the modifications make the property undesirable to the general population?
The landlord is allowed to require that the property is restored to the previous condition after the lease period ends
What are the exemptions to the Fair Housing Act?
Owner occupied buildings with no more than 4 units
Single family housing sold or rented without the use of a broker
Housing operated by organizations and private clubs that limit occupancy to members
Certain properties can be restricted to occopancy by elderly persons
Housing intended for persons age 62 and older or housing occupied by at least oen person 55+ per unit
What are all of these an exemption of?
Owner occupied buildings with no more than 4 units
Single family housing sold or rented without the use of a broker
Housing operated by organizations and private clubs that limit occupancy to members
Certain properties can be restricted to occopancy by elderly persons
Housing intended for persons age 62 and older or housing occupied by at least oen person 55+ per unit
Exemptions to the Fair Housing Act
Support animals are not..
pets
Can support animals enter a no pet in housing?
Yes
What are the two additional Fair Housing Laws in Colorado?
Colorado has Fair Housing Laws that expanded into federal level
Sexual Orientation (Transgender included) Marital Status
Colorado has Fair Housing Laws that expanded into federal level and they are:
Sexual Orientation (Transgender included) Marital Status
What is Megan’s Law?
Created the establishment of state registration systems to maintain residental information regarding sex offenders
Law enforcement may release relevant information upon request if they deem it necessary for the protection of the public
Some states require that a licensee have a form signed by a buyer or tenant indicating where the buyer or tenant may obtain information about the sex offender registry
The establishment of state registration systems to maintain residental information regarding
Sex Offenders
What is the Equal Credit Opporunity Act (ECOA)?
Prohibits discrimination in the granting of credit.
There are more protected classes under this legislation - marital status and age
Prevents lenders from discriminating against recipients of public assistance programs such as food stamps and Social Security.
Requires credit applications be considered only on the bases of income, net worth, job stability and credit rating.
What does ECOA stand for?
Equal Credit Opportunity Act
What does the EQual Credit Opportunity Act require?
Credit applications that are only considered on income, net worth, job stability and credit rating.
Americans with Disabilities Act (ADA):
Not a housing act, but impacts real estate licensees.
Requires employers to make reasonable accommodations that enable an individual with a disability to perform essential job functions such as making the work site accessible, providing part time or flexible work schedules, and equipment modifications.
The provisions of the ADA apply to any employer with 15 or more employees
How many employees are required for the Americans with Disabilities Act (ADA) to apply?
15 or more employees.
What is Blockbusting?
The act of encouraging people to sell or rent their homes by claiming that someone from the protected class is moving into the neighborhood and will have a negative impact on the property values.
Any insinuation that a neighborhood is “changing”
It is Illegal to assert that the presecnese of a person will cause property values to decline, crime or antisocial behavior to increase, and the quality of schools to suffer.
What is Steering?
Channeling home seekers to particular neighborhoods or discouraging potential buyers from considering some areas
Many cases of steering are subtle, based on a home seeker’s preferences, based on a stereotype
The act of encouraging people to sell or rent their homes by claiming that someone from the protected class is moving into the neighborhood and will have a negative impact on the property values is:
Blockbusting
The act of Channeling home seekers to particular neighborhoods or discouraging potential buyers from considering some areas
Steering
Redlining is:
The practice of making mortgage loans or issuing insurance policies in specific areas for reasons other than the economic qualifications of the applicants
The practice of making mortgage loans or issuing insurance policies in specific areas for reasons other than the economic qualifications of the applicants is:
Redlining
