unit 4

Question 1

As is true with other states, Texas has enacted a variety of natural resource preservation laws—so-called green laws—to protect the environment and the natural beauty of the state. What agency is responsible for enforcing those laws?

Answer 1

The Texas Commission on Environmental Quality

Question 2

What local government option is available to communities experiencing a deterioration of their center cities?

Answer 2

Tax increment reinvestment zones

Question 3

What is an example of a situation in which one would need to obtain a conditional-use permit?

a. Adding an aboveground pool in a backyard
b. Managing a bed and breakfast in a residential neighborhood
c. Remodeling a garage into a playroom
d. None of these

Answer 3

b. Managing a bed and breakfast in a residential neighborhood

Question 4

How does groundwater contamination occur?

a. Pesticides
b. Waste disposal sites
c. All of these
d. Underground storage tanks

Answer 4

c. All of these

Question 5

The Garcias have installed a solar panel system for their home. What kind of reimbursement can they get for the cost of the installation?

Answer 5

A property tax exemption for the portion of the appraised value that arises from its installation

Question 6

A homeowner may apply for a federal residential renewal energy tax credit to get a credit toward installation of which of the following systems?

Answer 6

A solar water heater

Question 7

Some examples of public ownership of land include all of the following,EXCEPT

a. a highway.
b. a commercial building.
c. a neighborhood park.
d. a city hall.

Answer 7

b. a commercial building.

Question 8

Which of the following is suspected of causing serious health issues, although to date there is no proof?

Answer 8

Electromagnetic fields

Question 9

Which amendment to the U.S. Constitution allows governments to enforce controls over the use of privately held land?

Answer 9

The 14th Amendment

Question 10

Which of the following is theBESTexample of a green building program?

a. Using green grass, such as St. Augustine, for landscaping
b. Building a greenhouse in the backyard of a residential property to grow vegetables
c. Using native plants in landscaping that don’t need extra watering for landscaping
d. Using a ducted whole-house vacuum cleaner in a residential property.

Answer 10

c. Using native plants in landscaping that don’t need extra watering for landscaping

Question 11

A subdivision declaration reads, “No property within this subdivision may be further subdivided for sale or otherwise, and no property may be used for other than single-family housing.” This is an example of

Answer 11

a restrictive covenant.

Question 12

Which of the following isNOTa component of an Energy Star‒qualified home?

a. Effective insulation
b. High-performance windows
c. Efficient heating and cooling
d. Ducted vacuum cleaners

Answer 12

d. Ducted vacuum cleaners

Question 13

A landowner wants to build a bed and breakfast in a neighborhood zoned single-family residential. Because a bed and breakfast is marginally acceptable under the local zoning ordinance, the landowner may

Answer 13

apply to the planning and zoning commission for a conditional-use permit.

Question 14

Which statement isNOTgenerally connected with green environmental initiatives?

a. Green buildings utilize all new materials rather than old, recycled materials.
b. Green tax incentives are available through state and federal governments to encourage homeowners to increase the energy efficiency of their homes.
c. Green buildings are designed to protect occupant health and improve employee productivity.
d. Green mortgages permit lenders to adjust qualifying criteria based on lower utility bills.

Answer 14

a. Green buildings utilize all new materials rather than old, recycled materials.

Question 15

Zoning variations that result in small areas that differ significantly from adjoining parcels in a way that isNOTin harmony with the general plan for the area might be considered

a. buffer zoning.
b. spot zoning.
c. incentive zoning.
d. directive zoning.

Answer 15

b. spot zoning.

Question 16

Which of the following is an example of a variance?

a. A zoning map amendment that allows a convenience store in the middle of a residential area.
b. The owner of a small restaurant is able to keep the restaurant open until it is sold after a city has rezoned an area from commercial to residential.
c. A homeowner needs to get a permit to build a home that encroaches on a side-yard setback.
d. A person wants to build a bed and breakfast in an area zoned residential.

Answer 16

c. A homeowner needs to get a permit to build a home that encroaches on a side-yard setback.

Question 17

The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) was passed to correct the environmental problems caused by

Answer 17

uncontrolled hazardous waste sites.

Question 18

How many properties may benefit from a zoning variance?

Answer 18

No more than one property may be granted a variance.

Question 19

After a structure has been built, altered, or repaired, what does a city building inspector issue to indicate that the structure has been inspected and found satisfactory?

Answer 19

A certificate of occupancy

Question 20

Which isNOTtrue regarding liability for cleaning up uncontrolled hazardous waste sites under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)?

a. A landlowner’s liability for hazardous waste site cleanup includes the cleanup of only the landowner’s property.
b. A landowner who is not responsible for the contamination on his property can seek reimbursement from previous landowners or other responsible parties; but if other parties are not available, even a landowner who did not cause the problem could be solely responsible for the costs.
c. Potential responsible parties are identified and ordered to take responsibility for the cleanup.
d. A landowner may be liable for cleanup when contamination exists—regardless of whether the contamination is the result of the landowner’s actions or those of others.

Answer 20

a. A landlowner’s liability for hazardous waste site cleanup includes the cleanup of only the landowner’s property.

Question 21

What is a TIF district?

Answer 21

A tax incremental financing district

Question 22

Jonathan just moved into his new home. A neighbor told Jonathan that there are electromagnetic fields (EmFs) on his property. Which isNOTtrue of the EmFs on his property?

a. They are caused by the movement of electricity.
b. They are present only near high-tension wires or large electrical transformers.
c. They are a suspected but unproven cause of cancer, hormonal abnormalities, and behavioral disorders.
d. They are generated by all electrical appliances.

Answer 22

b. They are present only near high-tension wires or large electrical transformers.

Question 23

Police power allows regulation of all of the followingEXCEPT

a. the number of buildings.
b. building ownership.
c. building use.
d. the size of buildings.

Answer 23

b. building ownership.

Question 24

Asbestos isMOSTdangerous when it

a. crumbles and becomes airborne.
b. is wrapped around heating and water pipes.
c. gets wet.
d. is used as insulation.

Answer 24

a. crumbles and becomes airborne.

Question 25

Bill conveys a lot to Jane by a deed that includes a provision forbidding the sale of intoxicating liquor on the lot and provides that in case of violation, the title returns to Bill. This provision is an example of

Answer 25

a deed condition.

Question 26

What are some of the unique characteristics of a home built under the guidance of the EPA’s Green Building Program?

Answer 26

Homes take advantage of recycled materials in construction and are wary of introducing contaminates such as glues, carpet chemicals, and toxic cleaners.

Question 27

What is an EEM used for?

Answer 27

To finance the purchase of a new energy-efficient home

Question 28

Zoning powers are conferred on municipal governments

Answer 28

by state enabling acts.

Question 29

A homeowner has installed a solar water heater in her home. She may apply for which of the following tax incentives?

Answer 29

A federal tax credit for 30% of the installation cost

Question 30

An existing building in a location that has newly been rezoned for different purposes (meaning it is now nonconforming) may be grandfathered to continue its historic use until what happens?

a. The building is sold.
b. All of these occur.
c. The building is torn down.
d. The building is no longer used for its current purpose.

Answer 30

b. All of these occur.

Question 31

Underground storage tanks are dangerous for which of the following reasons?

Answer 31

The possibility of exposure to leaking gasoline

Question 32

A city has rezoned an area from commercial to residential. The owner of a small restaurant is able to keep the restaurant open until it is sold based on which of the following zoning theories?

Answer 32

Nonconforming use

Question 33

The duty to know the environmental disclosures that must be given in each transaction before the execution of a contact is

Answer 33

the real estate agent’s.

Question 34

Zoning powers are delegated to which of the following in Texas?

Answer 34

Municipalities

Question 35

InMOSTTexas homeowners insurance policies, mold-related claims

a. none of these.
b. are covered.
c. are not covered.
d. are covered as exceptions.

Answer 35

c. are not covered.

Question 36

Whose responsibility is it to make sure that all environmental issues (lead-based paint, asbestos, ground contaminants) are acknowledged by the property and the seller and disclosed to the potential buyer?

Answer 36

The real estate agent’s responsibility

Question 37

The following are all considered renewable energy technology for purposes of obtaining a state tax exemptionEXCEPT

a. solar water heat.
b. wind.
c. passive solar space heat.
d. chilled water cooling.

Answer 37

d. chilled water cooling.

Question 38

Real estate sales agents and brokers need to be aware of Commission on Environmental Quality actions because the commission

Answer 38

regulates declaration of chemical contamination (Superfund) sites that could be located near housing and affect values.

Question 39

Which of the following is an example of aesthetic zoning?

a. To require that a new building in an area cannot be taller than 10 stories
b. To encourage use of land for its highest and best use
c. To require that a new building dedicate the street floors to retail establishments
d. To require that a new building look like other buildings in the area

Answer 39

d. To require that a new building look like other buildings in the area

Question 40

What are buildings that produce as much energy as they consume called?

Answer 40

Zero net energy buildings

Question 41

Which is theMOSTpopular of the green home-energy rating systems among homebuilders?

a. NGBS
b. LEED
c. ENERGY STAR
d. Green America

Answer 41

c. ENERGY STAR

Question 42

Which of the following environmental risks requires a specific disclosure on the lease or sale of properties build before 1978?

a. Underground storage tanks
b. Radon gas
c. Lead
d. Mold

Answer 42

c. Lead

Question 43

A planned unit development (PUD) is an example of

Answer 43

multiple-use zoning.

Question 44

An investor purchased a small building used as a coffee shop; before that, it was a day care center. During the due diligence process, the investor discovers that there are leaking underground storage tanks (USTs). She purchases the property anyway. What is the previous owners’ liability for the cost of remediation?

Answer 44

The previous owners are liable if they had knowledge of the tanks.

Question 45

How is radon produced?

Answer 45

From the decay of other radioactive materials in rocks under the surface of the earth

Question 46

Francisco is a real estate sales agent. He shows a pre–World War II house on city water and sewer to Teresa, a prospective buyer. Teresa has two toddlers and is worried about potential health hazards. Which of the following isTRUE?

a. Because the house is approximately 60 years old, Teresa should have the water tested for polychlorinated biphenyl.
b. There is probably no asbestos insulation in the home.
c. There is very little risk of mold on the premises.
d. Because the house was built before 1978, there is a good likelihood of the presence of lead-based paint.

Answer 46

d. Because the house was built before 1978, there is a good likelihood of the presence of lead-based paint.