Unit 5 - Overview Flashcards
Learning Objective: Describe the historical development of fair housing laws.
Explanation: Fair housing laws have evolved from early constitutional amendments to more comprehensive regulations. The 1866 Civil Rights Act first addressed racial discrimination, followed by the Fair Housing Act of 1968, which expanded protections based on race, color, religion, and national origin. Later amendments added sex, familial status, and disability as protected classes, with the 1988 Amendments greatly strengthening enforcement mechanisms.
Learning Objective: Identify the classes of people who are protected against discrimination in housing by various federal laws.
Explanation: Federal laws, including the Fair Housing Act, protect specific classes of people from housing discrimination. These classes include race, color, religion, sex, national origin, familial status, and disability. Additionally, the Equal Credit Opportunity Act and the Community Reinvestment Act provide further protections against discrimination based on marital status, age, and other factors.
Learning Objective: Explain how fair housing laws address a variety of discriminatory practices.
Explanation: Fair housing laws prohibit discriminatory practices such as refusal to rent or sell based on protected class status, offering different terms or conditions, and steering buyers toward or away from specific neighborhoods. These laws also ban discriminatory advertising and redlining by lenders, ensuring equal access to housing opportunities.
Learning Objective: Identify the exemptions allowed in the Fair Housing Act.
Explanation: The Fair Housing Act contains several exemptions, such as the “Mrs. Murphy” exemption, which allows owner-occupied buildings with four or fewer units to discriminate. Other exemptions include religious organizations and private clubs, which can limit occupancy based on membership. However, no exemptions apply to racial discrimination or transactions involving a real estate license holder.
Learning Objective: List at least three examples of housing discrimination that HUD has addressed in regulations.
Explanation: HUD regulations have addressed various forms of housing discrimination, including blockbusting (inducing homeowners to sell by suggesting minorities are moving into the area), steering (guiding buyers to certain neighborhoods based on race), and discriminatory advertising. HUD has issued clear guidelines to prevent these practices and ensure fair housing for all.
Learning Objective: Explain how complaints against discriminatory practices are enforced in Texas.
Explanation: In Texas, fair housing complaints are primarily enforced through the Texas Workforce Commission Civil Rights Division (TWCCRD) or HUD. Complaints must be filed within one year of the alleged violation, and the TWCCRD has 100 days to investigate. The process may result in conciliation, administrative law judge rulings, or lawsuits in state or federal courts.
Learning Objective: Distinguish the protections offered by the Fair Housing Act, the Equal Credit Opportunity Act, the Home Mortgage Disclosure Act, and the Community Reinvestment Act.
Explanation: The Fair Housing Act prohibits discrimination in housing sales and rentals. The Equal Credit Opportunity Act (ECOA) ensures equal access to credit, regardless of race, sex, or other protected classes. The Home Mortgage Disclosure Act (HMDA) requires lenders to report lending data to prevent discriminatory practices, and the Community Reinvestment Act (CRA) mandates that banks serve all communities, including low- and moderate-income areas.
Learning Objective: Discuss the Fair Housing Act’s prohibition of discriminatory advertising.
Explanation: The Fair Housing Act prohibits any form of discriminatory advertising in housing, including statements that suggest preferences based on race, color, religion, sex, national origin, familial status, or disability. This applies to all forms of media, including print, digital, and broadcast, and violators may face legal consequences if their ads indicate illegal preferences or exclusions.
Key Term: Americans with Disabilities Act (ADA)
Definition: A federal law enacted in 1990 that prohibits discrimination based on disability in employment, public services, public accommodations, and telecommunications. While the ADA primarily deals with public facilities, it may apply to certain residential properties that include public spaces.
Key Term: Blockbusting
Definition: The illegal practice of inducing homeowners to sell their properties by suggesting that the entry of a minority group will lead to a decline in property values. This practice is intended to cause panic selling for financial gain.
Key Term: Civil Rights Act of 1866
Definition: The first U.S. law to provide protection against racial discrimination, guaranteeing all citizens the right to inherit, purchase, lease, sell, hold, and convey real and personal property. The law remains enforceable today, particularly in cases involving racial discrimination.
Key Term: Community Reinvestment Act (CRA)
Definition: A federal law passed in 1977 that encourages banks and other financial institutions to help meet the credit needs of all communities, including low- and moderate-income neighborhoods. It seeks to prevent redlining and promote community investment.
Key Term: Disability
Definition: A physical or mental impairment that substantially limits one or more major life activities. Under fair housing laws, people with disabilities are a protected class, and housing providers must make reasonable accommodations and modifications to provide equal access.
Key Term: Discriminatory housing practices
Definition: Actions prohibited by fair housing laws, including refusing to rent or sell, offering different terms or conditions, and steering potential buyers or renters based on their membership in a protected class.
Key Term: Equal Credit Opportunity Act (ECOA)
Definition: A federal law passed in 1974 that prohibits lenders from discriminating against credit applicants based on race, color, religion, national origin, sex, marital status, age, or receipt of public assistance. The law ensures equal access to credit for all qualified borrowers.
Key Term: Fair Housing Act of 1968
Definition: A landmark federal law that prohibits discrimination in housing based on race, color, religion, sex, and national origin. Later amendments added protections for familial status and disability, strengthening the law’s scope and enforcement.
Key Term: Familial status
Definition: A protected class under the Fair Housing Act that includes families with children under the age of 18, pregnant women, and people securing legal custody of children under 18. Housing discrimination based on familial status is prohibited.
Key Term: Home Mortgage Disclosure Act (HMDA)
Definition: A federal law enacted in 1975 that requires mortgage lenders to collect and report data on their lending practices, helping to ensure that lenders serve the housing needs of their communities and prevent discriminatory lending practices.
