Unit 7-Federal and State Laws Pertaining to Real Estate Flashcards
Civil Rights Act of 1866
Prohibits any type of discrimination based on RACE in any real estate transaction
Civil Rights Act of 1964
Was a landmark Legislation ending segregation in schools, workplaces and public accommodations.
Title II prohibits discrimination based on Race, Color, Religion, and Nation of Origin
Title III prohibits state and municipal governments from denying access to public facilities on basis of race, color, religion and nation of origin
Civil Rights Act of 1968
Contained the “Fair Housing Act” in title VIII which prohibits discrimination on the basis of race, color, religion, sex, and national origin when selling or renting residential property.
Fair Housing Amendments Act 1988
Amended FHA of 1968 to include two additional “protected classes”
- Familial Status
- Handicap Status
How many “Protected Classes” exist today and what are the?
7 protected classes ( FRSH CRN)
F-familial status
R-race
S-sex
H-handicap status
C-color
R-religion
N-national origin
Which classes are “unprotected?”
age, occupation, marital status and sexual orientation.
Fair Housing Laws passed by state and local governments may expand classes afforded protection in their jurisdiction
Fair Housing Poster (house with = sign)
Created by the 1988 Amendment
Must the Fair Housing Sign be displayed and where?
Yes. At real Estate offices and other businesses involved in the housing industry.
Failure to display the sign is considered discrimination
What Entities are covered by the Fair Housing Act?
Single family Homes
Multi-Family Housing
What type of housing is exempt from “familial status” protection?
Housing for Older persons where the units are occupied by persons aged 62 and older OR…
where 80% of the units are occupied by 55 and older AND housing policies are published that demonstrate INTENT to be housing for 55 and Older.
Special Exemptions under FHA
Religious Organizations- may restrict dwelling units they own or operate to members of their religion provided they do not otherwise discriminate in accepting that membership
Private Clubs-Members Only
When a person tries to channel a home buyer away from a particular neighborhood because they are a protected class they are guilty of the act called…
STEERING
Using the entry or the rumor of entry of a protected class into a neighborhood to persuade owners to sell is the illegal act of…
BLOCKBUSTING
ie: “I heard that a family of green martians are moving in two doors down”
What is REDLINING?
Denial of a loan or insurance coverage by a lender or insurer that presents different terms/conditions for homes in certain neighborhoods.
Civil Suits Filed in Federal District Court
Suits may be filed under the 1866 CRA allowing for monetary and punitive damages
What are the responsibilities and liabilities of licensees associated with a violation of FHA?
Licensees MUST ACT ethically to ensure equal access to housing
HUD considers ANY charge to be TRUE unless disproved by evidence to the contrary. (“Guilty til Innocent”)
Describe the FLORIDA FAIR HOUSING ACT
Provides for fair housing throughout the state
Similar in scope to the Federal FHA
1990 Americans with Disabilities Act (ADA)
Prohibits discrimination in places of Public Transportation, Public Accommodations and Commercial Facilities
Describe how ADA applies to Public Transportation and Commercial Facilities
required alterations be made to allow access for disabled persons including but not limited to: wider door ways cuts in street curbs lower phones ramps ADA compliant toilets/grab bars
Describe the Florida ADA Accessibility Implementation Act?
It is a state statute
Adopts federal standards in FL
Requires all new single family homes, duplexes, triplexes, condos, and townhomes to have a grade level bathroom equipped with a door that has a 29-inch clear opening
the “ACT” requiring full and accurate disclosure of information to prevent fraudulent marketing schemes when land is sold without being seen is the …
Interstate Land Sale Disclosure Act (ILSA)
Describe ILSA
Administered by the Director of the bureau of Consumer Financial Protection.
says that DEVELOPERS must register subdivisions of 100 or more lots with the bureau before they can offer unimproved lots in interstate commerce by telephone or through the mail
Developers of 25 or more lots must provide this to buyers prior to signing the sales contract
Property Report
May a contract be cancelled AFTER receipt of the property report?
YES! Purchasers who timely receive the report may cancel the contract up until MIDNIGHT OF THE 7th DAY following the signing of the contract.
According to the FL Landlord Tenant Act, you must be this age to enter into a rental agreement.
18 Years of age
describe the FL Landlord Tenant Act
Mandates how landlords must account for and handle tenants deposits and advance rents.
When money is given to a landlord as security or advance rent, they are obligated to account for such deposits in 1 of 3 ways
1- hold in a separate NON-INTEREST bearing FL bank account for the benefit of the tenant
2- hold in a separate INTEREST bearing FL bank account.
3-Post a SURETY bond with the clerk of county circuit court in the total amount of the security deposits and advance rents or 50K whichever is LESS
Is it ever permissible for a broker to comingle or hypothecate funds?
Yes, only when they have posted a SURETY BOND
How long does a Landlord have to inform the tenant, in writing, of receipt of advance rents or security if not already stipulated in the lease agreement?
30 days from receipt of advance monies
How may a landlord serve notice of receipt of advance monies? What information MUST be included in notice?
In person or by mail
must include the name and address of the depository where the money is being held OR
if the landlord posted a surety bond and
IF the tenant is entitled to interest.
Broker Property Management
Real Estate brokerage will contract to provide PM services.
When MUST deposits and advance rents be deposited into the brokers escrow account
Please note that deposits and advance rents are TRUST FUNDS
By the end of the third business day after receipt of funds
is there a law against keeping Broker PM Trust fund monies separate from Sales trust Funds?
NO
How much personal fund money may a broker keep in a PM Escrow account for the purpose of maintaining the account?
$5,000
how long does a sales associate have to turn over monies collected to their broker
by the end of the NEXT business day.
What are Landlords Obligations?
1-maintain dwelling that meets all building, housing and health codes
2-provide exterminating service
3-trash receptacles and pick up (where applicable)
4-working equipment for heat/hot water
5-if a single family home or duplex, must have working smoke detectors before beginning lease period
May a landlord charge tenant for services?
YES. Provided they are outlined in rental agreement
What are TENANTS obligations?
1-Comply with building, housing and health codes
2-keep premises including plumbing fixtures clean and sanitary
3-use reasonable care in operation of all plumbing, electrical, heating and AC equipment
4-behave and make sure guests behave
when may a landlord access premises and how much notice is required?
1- to inspect
2-make necessary or agreed on repairs, decorations, alterations or improvements
3-supply agreed upon services
4-exhibit or show premises
12 hours notice must be given.
If tenant plans to be absent from premises and notifies landlord of such, when may the landlord enter the premises and how much notice is required?
The landlord MAY NOT enter unless emergency exists or they have consent of tenant.
12 hours notice must be given unless emergent.
How long after a tenant vacates the property does the landlord have to return security deposit?
15 days
How long after a tenant vacates the property does the landlord have to make a WRITTEN claim on the security deposit?
30 DAYS
How long after the landlord notifies the tenant of claim on deposit does the tenant have to file an objection IN WRITING
15 days
What may happen if a landlord fails to maintain premises?
Tenant may terminate the rental agreement. They must provide written notice to the landlord citing the ‘non-compliance” and state INTENT to cancel the agreement if non-compliance is not corrected.
How long does the landlord have to correct and resolve a problem
7 DAYS
Termination of Rental Agreement by Landlord
occurs when tenant fails to comply.
Must give tenant WRITTEN notice demanding payment of rent w/in 3 business days or they will take possession of premises. This notice can be mailed, personally delivered (bring a witness) or attached to the door(witness)
How long does a TENANT have to pay any rents due?
3 days…or…surrender the premises.
What if tenant continues to default on rent after 3 business days?
Landlord must resort to a formal eviction.
what happens if tenant vacates?
Landlord is required to give tenant written notification via CERTIFIED MAIL of any claim on deposit or advance rent.
EVICTION
handled by the County Court
Describe the eviction process
1- tenant is notified in writing that they have 5 business days (excluding weekends/holidays) to respond IN WRITING to the court
2- if tenant does not respond, a judgment is entered and the clerk of county court issues a WRIT OF POSSESSION to the Sheriff
3-Sheriff notifies tenant eviction will take place after a 24-Hour notice has been posted.
