Unit 3: Fair Housing

Question 1

Civil Rights Act of 1866

Answer 1

The law prohibits discrimination based on race in every property transaction but was largely ignored.

Question 2

Fair Housing Act

Answer 2

Title 8 of the Civil Rights Act of 1968 is a combination of the Community Development Act of 1974, the Fair Housing Amendment of 1988, and the Fair Housing Act.

This prohibits discrimination based on race, color, national origin, religion, sex (1974), familial status (1980), or disability (1988).

Question 3

Housing for Older Persons Act (HOPA)

Answer 3

In 1995, Congress passed (HOPA), which repealed the requirement that housing intended for those aged 55 or older have “significant facilities and services” designed for seniors.

Question 4

Department of Housing and Development (HUD)

Answer 4

An organization that administers the Fair Housing Act. www.hud.gov

Question 5

Dwelling

Answer 5

Any building or part of a building designed for occupancy as a residence by one or more families.

Question 6

Family/Familial Status

Answer 6

A family can be as small as a single individual. Familial status is defined as one or more individuals under age 18 living with a parent or guardian. It also women who are pregnant and anyone who is in the process of assuming custody of a child under the age of 18.

Question 7

Disability

Answer 7

Disability is included under the Fair Housing Act as a Handicap but due to social norms. It is now under disability. Which means it’s unlawful to discriminate against buyers or sellers based on a disability.

Question 8

Exempts of the Fair Housing Act

Answer 8

• owner-occupied buildings with no more than 4 units (becomes commercial property if more than 4 units)
• single-family housing sold or rented without the use of a real estate professional
• Housing operated by organizations and private clubs that limit occupancy to members

Question 9

Sale or rental of a single-family home is exempt from the Fair Housing Act when these conditions are met:

Answer 9

• The home is owned by an individual who doesn’t own more than three such homes at one time.
• A real estate professional is not involved in the transaction
• Discriminatory advertising is not used

Question 10

Blockbusting

Answer 10

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 on property values.

Question 11

Steering

Answer 11

Channeling home seekers to particular neighborhoods or discouraging potential buyers from considering some areas.

Question 12

Advertising

Answer 12

Any advertisement of property for sale or rent may not include language indicating a preference or limitation.

Question 13

Redlining

Answer 13

The practice of refusing to make mortgage loans or issue insurance policies in specific areas for reasons other than financial qualifications.

Question 14

Intent and Effect

Answer 14

Since the Fair Housing Act has no way to regulate a person’s true intentions. It is important to look for the intent of a person and the effect their actions might or will have.

Question 15

Conciliation

Answer 15

Resolution of a complaint by obtaining assurance of a remedy from the person who committed the violation.

Question 16

Administrative law judge

Answer 16

Has the ability to award actual damages to an aggrieved party and, if it’s believed the public interest will be served, to impose a monetary penalty.