Unit 5: Fair Housing Laws Flashcards
Explain how fair housing laws address a variety of discriminatory practices.
Federal and state fair housing laws ensure equal opportunity in housing for buyers and renters by making it unlawful to refuse to sell to, rent to, or negotiate with any person based on certain physical characteristics, religion, or family status. In addition to requiring compliance with fair housing laws, the Texas Real Estate License Act also requires that license holders adhere to certain ethical practices. A real estate license holder must demonstrate more than industry knowledge—the license holder’s ethics, or business principles, must be above reproach.
Identify the exemptions allowed in the Fair Housing Act.
The Fair Housing Act contains seven exemptions with respect to property transactions not subject to the act’s general mandate of nondiscriminatory treatment.
1 - religious organizations 2 - private clubs 3 - occupancy standards 4 - drug conviction 5 - familial status 6 - single-family housing 7 - Mrs. Murphy's exemption (a single-family homeowner)
List at least three examples of housing discrimination that HUD has addressed in regulations.
- To refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of race, color, religion, sex, familial status, or national origin
- To discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith, because of race, color, religion, sex, familial status, or national origin
- To make, print, or publish, or cause to be made, printed, or published any notice, statement, or advertisement, with respect to the sale or rental of a dwelling, that indicates any preference, limitation, or discrimination based on race, color, religion, sex, handicap, familial status, or national origin, or an intention to make any such preference, limitation, or discrimination
Explain how complaints against discriminatory practices are enforced in Texas.
The fair housing laws allow any aggrieved party to file a complaint against discriminatory practices and to pursue enforcement through administrative proceedings, attorney general litigation, or private litigation. Lawsuits brought under the Civil Rights Act of 1866 must be taken directly to a federal court.
Distinguish the protections offered by the Fair Housing Act and subsequent amendments, the Equal Credit Opportunity Act, the Home Mortgage Disclosure Act, and the Community Reinvestment Act.
The Fair Housing Act of 1968 prohibited discrimination on the basis of race, color, religion, and national origin.
Equal Credit Opportunity Act (ECOA) was the first in a series of fair housing lending laws designed to make credit available to every financially qualified applicant.
Home Mortgage Disclosure Act (HMDA), effective December 31, 1975, is to provide the public and government officials with data to show whether lenders are serving the housing needs of the neighborhoods and communities in which they are located.
Community Reinvestment Act (CRA) requires that lenders serve their local communities first—to meet the deposit and credit needs of their low-income and moderate-income housing communities, participate and invest in local community development and rehabilitation projects, and participate in loan programs for housing, small businesses, and small farms.
Discuss the Fair Housing Act’s prohibition of discriminatory advertising.
The HUD advertising guidelines categorize discriminatory advertising into three groups:
(1) advertising that contains words, phrases, symbols, or visual aids that indicate a discriminatory preference or limitation;
(2) advertising that selectively uses media, human models, logos, and locations to indicate an illegal preference or limitation; and
(3) various types of discriminatory advertising practices condemned by the Fair Housing Act.
Americans with Disabilities Act (ADA)
A federal law to eliminate discrimination against individuals with disabilities by mandating equal access to jobs, public accommodations, government services, public transportation, and telecommunications.
blockbusting
The illegal practice of inducing homeowners to sell their properties by making representations regarding the entry or prospective entry of minority persons into the neighborhood.
Civil Rights Act of 1866
The first and primary law guaranteeing equal rights to all U.S. citizens; prohibits all discrimination based on race or color.
Code of Ethics
An agreement to which all REALTORS® must subscribe and that holds the members to high standards of conduct.
Community Reinvestment Act (CRA)
The federal law that requires federally regulated lenders to describe the geographic market area they serve. Deposits from that area are to be reinvested in that area whenever practical.
discriminatory housing practices
An act that is unlawful under the Fair Housing Act or other fair housing law.
Equal Credit Opportunity Act
A federal law to ensure that funds are available to qualified loan applicants without discrimination on the basis of race, color, religion, sex, national origin, age, marital status, or receipt of public assistance.
Fair Housing Act of 1968
The federal law that prevents discrimination in housing based on race, color, religion, or national origin; amended in 1974 to include sex and in 1988 to include handicap and familial status in the protected categories.
familial status
One or more persons younger than 18 being domiciled with a parent or other person having legal custody of such individual; the designee of such parent or other person having legal custody through written permission.
