Unit 3 - part 1 Flashcards
When is the Civil Rights Act enacted and what prohibited?
Enacted in 1866. Prohibited discrimination based on race in every property transaction (renting, selling…).
- Plessy vs. Ferguson
US Supreme Court upheld laws for requiring racial segregation in public and private institutions.
- Brown vs. Board of Education
Supreme Court rejected racial discrimination.
- Jones vs. Mayer
Supreme Court ruled there was constitutional basis for Civil Rights Act of 1866. in the 13th Amendment, which prohibited slavery.
When is Fair Housing Act passed and what is difference between Civil Rights Act and Fair Housing Act?
Fair Housing Act is enacted 1968 and is a passage of Title VIII of Civil Rights Act. The Civil Rights Act applies only to racial discrimination. The Fair Housing Act prohibits specific discriminatory practices throughout the RE industry.
What Fair Housing Act prohibits?
It prohibits discrimination in housing based on:
- race
- color
- national origin
- religion
- sex
- familial status
- disability
When is Housing for Older Persons Act passed and what are requirements?
Congress passed the Housing for Older Persons Act in 1995. HOPA requires that at least 80% occupied units have one person age 55 or older living in them.
What Americans with Disabilities Act (ADA) requires?
Title I of the ADA: reasonable accommodations
Title III of the ADA: full accessibility to business, goods, public services.
What is exempted from the Fair Housing Act?
- owner-occupied buildings with no more than four units
- single-family housing sold or rented without the use of RE professionals
- housing operated by organizations and private clubs that limit occupancy to members
When is sale or rental of a single-family home exempted from Fair Housing Act?
- home owned by individual who doesn’t own more that three such homes at one time (and doesn’t sell more than one every two years)
- a RE professional is not involved in the transaction
- discriminatory advertising is not used.
