Unit 3: Fair Housing Flashcards
What was one of the government’s first efforts to end discrimination in the housing industry?
The civil rights act of 1866
What court decision in 1954 held that separate black and white schools were unconstitutional, and overturned the Plessy vs Ferguson (separate but equal) decision?
Brown v Board of education
In 1968 the court held that the civil rights act of 1866 was constitutional, and banned racial discrimination. What was this ruling called?
Jones vs Mayer
What is another name for the Title VIII of the civil rights act of 1968?
Fair Housing Act
The supreme court expanded the term race to include…
Ancestral and ethnic characteristics, including physical, cultural, and linguistic traits.
What seven discriminations does Title VIII of the Civil Rights Act of 1968 (Fair Housing Act) prohibit?
- Race
- Color
- National origin
- Religion
- Sex
- Familial status
- Disability
What department administers the Fair Housing Act?
The department of housing and urban development (HUD)
Which of the seven discriminations were added by the Housing and Community Development Act?
Sex
Which of the seven discriminations were added by the Fair Housing Amendments Act?
Disability and familial status
What is HOPA?
Housing for Older Persons Act, passed in 1995.
What are the specifics of HOPA?
It repealed the requirement that housing intended for people over the age of 55 have “significant facilities and services,” but still requires that at least 80 percent of occupied units have one person 55 or older living in them.
Define dwelling
Any building or part of a building designed for occupancy as a residence by one or more families.
Define Familial Status
One or more individuals under age 18 living with a parent or guardian.
Define disability
A physical or mental impairment that substantially limits one or more of a person’s major life activities, includes having a record of the impairment.
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 real estate professional
- Housing operated by organizations and private clubs that limit occupancy to members.
- Sale of a home when the owner does not own more than 3 homes and sells only one in a two year period, and discriminatory advertising is not used.
A landlord has a disabled tenant. What is that tenant permitted to do to the property?
Make necessary, reasonable modifications to the premise at their own expense. (Lower doorknobs, bath rails, etc)
Upon leaving, the owner may require the tenant to restore such updates to their original condition. He may not increase the deposit, but could create an interest bearing escrow account to cover the cost of restorations.
What is HOPA exempt from, provided it fulfills the required conditions of HOPA housing?
Familial status protection
What does the Americans with Disabilities Act have to do with real estate?
It requires that employers accommodate disabled workers, and any real estate firm with over 15 employees must comply.
What 2 kinds of property are exempt from ADA (Americans with Disabilities Act) requirements?
- Property that is covered by the Fair Housing Act, which already prohibits discrimination based on disability
- Property that is exempt from coverage by the Fair Housing Act, such as housing for people 55 or older.
What is an example of a property that is subject to both the ADA and FHA laws?
Apartment complex. The rental office is a place of business that must comply with ADA, and the units must comply with FHA.
What is blockbusting?
The act of encouraging people to sell or rent their homes by claiming that the entry of a protected class of people will have a negative impact on property values.
What is steering?
The channeling of home seekers to particular neighborhoods or discouraging potential buyers from considering some areas.
Advertisements of property for sale or rent can not include language indicating…
Preference or limitation
What is redlining?
The practice of refusing to make mortgage loans or issue insurance policies in specific areas for reasons other than the economic qualifications of the applicants.
