unit 5 Flashcards
HUD has determined that phrases such as “desirable neighborhood,” “mater bedroom,” and “rare find” are
perfectly acceptable words to use in advertising
in determining whether an advertisement is discriminatory, HUD rules state it will look at three basic things. they are
whether the ad contains discriminatory words and symbols, whether photos only show members of a single race, and whether other considerations condemned under fair housing law are present, such as only showing young single people without families.
the federal Fair Housing Act of 1968
prohibits discrimination in residential housing based on race, color, national origin, and religion
what are paired testers?
paired testers are actors, for instance a white couple and a black couple, who are given similar (but fake) identities and financial data, who attempt to rent units from the same landlord
a rarely challenged fair housing exemption is
religious organizations
according to HUD guidelines, all advertisements for the sale, rental, or exchange of residential property must carry
an equal housing opportunity logotype, statement, or slogan that shows the residence is available to anyone regardless of race, religion, national origin, or other protected class
if a listing agent has a low offer from a minority buyer, is it proper to not present that offer for a reasonable period in the hope
no, offers should be presented promptly
it is clearly a violation of the Fair Housing Act to deny an apartment to someone based on their faith, such as being Muslim, but is it illegal to evict them because they have frequent guests who also are Muslim?
yes, it is illegal to evict someone just because a landlord does not like their guests
rather than outlaw specific words and phrases from the advertising of real estate, the federal court has established what test to determine whether an advertisement is discriminatory?
how an ordinary reader would interpret the ad
which requires lenders to report income and ethnicity data of loan applicants, as well as the type of loan applied for, where the property is located, and whether the application was approved, denied, or withdrawn?
home mortgage disclosure act (HMDA)
what concerns the government when properties such as new homes appear in glossy display advertising in newspapers, magazines, and brochures?
that the people displayed in the ads will be racially diverse
if buyers ask their sales associate to only show them homes within walking distance of a synagogue, is that discrimination?
no, the buyer is stating a legal preference for a living accommodation
the equal credit opportunity act (ECOA) prohibits lenders and others who grant or arrange credit to consumers from discriminating against credit applicants on the basis of race, color, religion, and what else?
national origin, sex, marital status, age, or dependence on public assistance.
an aggrieved person who believes illegal discrimination has occurred may file a complaint within _____ of the alleged discriminatory act?
one year
how is punishment for violating the racial aspects of fair housing law different from punishment for violations involving complaints about familial status?
there is no difference in punishment
if a property owner with fractional interest in a dozen rental units decides to sell his own home without a license holder, is the property owner exempt from fair housing law?
no, the property owner’s fractional ownership in other properties would bring him under fair housing law.
in 1962, President Kennedy issue an executive order (EO 11063) that prohibited discrimination in the sale, rental, or use of all residential property that was owned, operated, or financed by the federal government. what was the impact?
the impact was very small because the executive order lacked an enforcement provision.
can the Texas attorney general and the U.S. attorney general begin an investigation of fair housing abuse on their own accord, or must they wait until a formal complaint is made by the public?
the state attorney general and the U.S. Justice Department may initiate investigations on their own.
would it be discriminatory for a Republican homeowner to refuse show his home to a member of the Democratic Party?
no, it is legal to discriminate on the basis of political beliefs.
a borrower wants to determine a lending institution’s participation in low- and moderate-income housing, community development, rehab projects, and in loan programs for small businesses and small farms. which law requires a report that the borrower can request from the lender?
community reinvestment act (CRA)
if an undocumented worker asks to be shown a property in a specific neighborhood, would it be discriminatory to refuse?
yes, it is illegal to discriminate against noncitizens.
under the “mrs. murphy” exemption, how many families can live in her house?
herself plus three others
which court decision essentially undermined the civil rights act of 1866?
plessy v. ferguson
are catholics who want to live in Jewish neighborhoods protected by fair housing laws?
yes, property owners may not be discriminated against on the basis of religion.
which people are protected under the handicap classification of the fair housing act?
recovered and current mental patients
if a home seller instructs the listing agent not to show his property to a real estate investor (fearful it could be turned into rental property), must the listing agent comply?
yes, it is discriminatory
if a white buyer specifically requests to only be shown properties in “white” neighborhoods, is that discriminatory for the sales agent to comply with the request?
yes, it is discriminatory
complaints of discrimination brought under the civil rights act of 1866 must be taken directly to
a federal court
may tenants who are members of a protected class file a fair housing complaint if they believe their landlord is delaying making needed repairs to their unit in an effort to drive them out of the building?
ye, failing to make repairs in an effort to drive out a tenant is a violation of fair housing law
if a potential renter with a disability finds an excellent apartment in a private home near shopping and work, but the apartment is neither wheelchair accessible nor outfitted in the interior to accommodate his handicap, what are his options?
offer to retrofit the apartment at his own expense
an agent representing a black family seeks to show a for-sale-by-owner home in which the owner only has one property and has lived in it for more than five years. the FSBO owner turns away the agent because of the family’s race. is that a violation of fair housing law?
yes, because the family is a protected class
may a person with a neurological disease that affects muscle control live in an upscale white neighborhood?
yes, the person would likely fit under the disability provisions of fair housing law
if property owners attempt to evict families from rental units because of mischief, noise, or vandalism, are they likely to run afoul of fair housing laws?
no, because property owners are allowed to evict families on the basis of behavior of children
a complaint of discrimination brought under the Texas Fair Housing Act can be filed with the U.S. Department of Housing and Urban Development or with the
Texas Workforce Commission Civil Rights Division (TWCCRD)
which requires that lenders serve their local communities first-to meet the deposit and credit needs of their low-income and moderate-income housing communities?
community reinvestment act (CRA)
after the widespread race riots in the united states after 1968, what did the federally appointed national advisory commission on civil disorders determine?
that america was moving toward two separate but unequal societies, one black and one white
what is a common tool used to determine whether a landlord is violating provisions of the fair housing act?
sending paired testers to apartments to attempt to rent apartments
can mrs. murphy escape the rules of fair housing law is she rents one part of her home to a family, another part of the home to the elderly grandparents of the family, and another unit to the adult, single-parent child of the family?
no, she would lose her exemption because the families in her home must live independently of each other.
the principle that all americans should have equal opportunity-in this case, in the right to buy property - is driven by what concept in which early document?
the declaration of independence that underlines the concept that anyone may pursue happiness
does ecoa apply to all lenders?
no, ecoa applies only persons or institution that make loans on a regular basis
if a FSBO owner, who only owns one property, advertises it for sale in a newspaper but then refuses to show it to a disabled veteran, is the FSBO owner in violation of fair housing law?
no, the FSBO is not guilty of discrimination
if a real estate license holder decides to rent out three units in her home to different families, does the agent qualify for the mrs. murphy exemption?
no, real estate license holders are not exempt
“I hear they’re moving in. there goes the neighborhood! better put your house on the market before values drop!” this is an example of
blockbusting
federal fair housing laws permit which of the following?
discrimination
if police have been called to an apartment because of domestic violence against a single mother by a former husband, may the leasing agent evict the woman?
no, because evicting the woman could violate the familial status clause of fair housing law and could expose her to additional harm
a dwindling number of texas communities have laws on the books that appear to be discriminatory - such as forbidding blacks or hispanics to own property. can those laws be enforced, even though they appear to contradict fair housing law?
the laws are obsolete and no longer enforceable
if an lgbt homebuyer assertively instructs his contracted buyer agent to “only show me homes in conservative christian neighborhoods,” is the buyer agent obligated to comply
no, complying would be a violation of fair housing laws.
who is allowed to send paired testers to apartments to check for fair housing mistreatment
independent nonprofit civic groups interested in enforcing the law
agents of the state of texas
agents of the federal government
under the federal fair housing act, a landlord may do what if a real estate agent is not involved in the transaction?
refuse, based on sex, to rent a room in an owner-occupied dwelling
if a home seller specifically instructs has listing agent not to show his home to lawyers, is the listing agent obligated to comply?
because lawyers are not a protected class, the request is lawful
if a minority individual renting an apartment is charged with the manufacture and distribution of methamphetamine, may the landlord evict the renter?
no, the drug manufacturer cannot be evicted unless he is convicted.
how long after a discriminatory action does an aggrieved party in a discrimination dispute have to bring a private enforcement action in state or federal district court?
two years
the seller of one single-family home would not be in violation of the fair housing act even if
the owner discriminated on the basis of religion
statements such as “the neighborhood is changing; you may want to sell while you can” made be brokers to homeowners are
evidence of the illegal housing practice of blockbusting
if a real estate license holder decides to sell his one personal residence as a FSBO but refuses to show it to a muslim refugee family, is he in violation of fair housing law?
evidence of the illegal housing practice of blockbusting
a catholic -owned hospital wants to sell a piece of property that it owns but does not want to sell it for the development of family-oriented rental properties. is that a fair housing violation?
no, because the hospital is owned by the catholic church, it is exempt from fair housing law
complaints of discrimination brought under the civil rights act of 1866 must be taken directly to
a federal court
would placing a for-rent advertisement that states “kids ok” represent a violation of the fair housing act?
yes, because it could be viewed as expressing a preference for families over seniors and single individuals
