Aceable Agent Level 24 Fair Housing Law
Businesses Affected by the ADA:
-Businesses with 15 or more employees -Any facilities or offices affiliated with state or local government -Public and private schools -Hospitals and dental offices -Restaurants -Hotels and motels -Grocery and retail stores -Shopping malls -Libraries and museums -Banks -Theaters -Amusement and recreation parks
Fair Housing Initiatives Program (FHIP)
;provides funding for fair housing organizations and other nonprofits that assist people who believe they have been victims of housing discrimination. These organizations then partner with HUD to help people figure out which government agency should handle their complaints of housing discrimination. FHIP also conducts preliminary investigations of such discrimination claims, where they send both minority and white "testers" to properties suspected of practicing housing discrimination to see if housing providers treat equally qualified people differently. 4 Main Initiatives: 1. The Fair Housing Organizations Initiative (FHOI), which provides funds to strengthen the capacity and effectiveness of nonprofit fair housing organizations. 2. The Private Enforcement Initiative (PEI), which provides funds for the testing, preventative, and enforcement activities conducted by nonprofit fair housing organizations that work to eliminate discriminatory housing practices. 3. The Education and Outreach Initiative. (EOI), which provides support and funding for state and local government and nonprofit initiatives that help the general public and housing providers understand what equal opportunity in housing means and what housing providers need to do to comply with the Fair Housing Act. 4. The Administrative Enforcement Initiative (AEI), which helps support state and local governments who enforce and create laws that include rights and remedies similar to those in the Fair Housing Act.
Fair Housing Amendments Act of 1988
Expansion of the Fair Housing Act to include families with children and those with physical or mental disabilities to the protected classes (Disability & Familiar Status)
Difference between familial and marital status
Familial status concerns those who are in "the family way," whether that means being pregnant or having biological, foster, or adopted kids Marital status concerns whether or not a person is married.
In Buchanan v. Warley, the court ruled that William Warley:
In Buchanan v. Warley, the court ruled that William Warley should be able to purchase a house in a predominantly white neighborhood, even though he is Black.
In the case of Jones v. Mayer, the court ruled that:
In Jones v. Mayer, the court said that all citizens, "Shall have the same right, in every State and Territory, as is enjoyed by white citizens thereof to inherit, purchase, lease, sell, hold, and convey real and personal property."
Why do most brokerages fall within the scope of the ADA, and, therefore, must be extra careful about accessibility?
Many brokerages fall within the scope of ADA because of their location or because they have 15 or more employees.
familial status
One of the protected classes under Fair Housing referring to *families with children under 18*; this protection also covers pregnant women & people in the process of obtaining legal custody of a child -families with children are protected even if the children aren't living with their biological parents
The 1896 case of Plessy v. Ferguson upheld racial segregation through the doctrine of:
The 1896 case of Plessy v. Ferguson upheld racial segregation through the doctrine of "separate but equal."
Georgia Fair Housing Act of 1988
The Georgia Fair Housing Act closely mirrors the federal act. That means: -same protected classes (race, color, religion, sex, disability, familial status, and national origin) -same exemptions -similar prohibitions (substantively the same, with somewhat different wording and emphases) The Georgia Commission on Equal Opportunity (GCEO), through its Fair Housing Division, enforces the Georgia Fair Housing Act
A broker's real estate office will have a copy of the fair housing poster because:
The fair housing poster is required to be hung by HUD. The poster not only helps to educate agents on fair housing issues, but also shows clients that the personnel of a brokerage are committed to abiding by fair housing rules.
Injunction
a court order that either stops an individual or entity from doing something, or tells them they need to start doing something, usually until the outcome of a judicial proceeding is decided
disability
a person with a disability is any person who: -Has a physical or mental impairment that substantially limits one or more major life activities, or -Has a record of such impairment, or -Is regarded as having such an impairment.
Civil Rights Act of 1866
act that prohibits discrimination in housing based on race or color
Community Reinvestment Act (CRA)
an act passed to reduce discriminatory credit practices in low-income areas; helps stop redlining, as it aims to equalize lending practices
Conciliation
an attempt to resolve the issues raised by a complaint or an investigation through informal negotiations between the aggrieved person, the respondent, and the HUD Secretary; aka voluntary compliance.
Omnibus Appropriations Act
established " a privilege for lender-initiated self-tests of residential real estate related to lending transactions" as part of their efforts to ensure fair lending practices; this privilege allows lenders to conduct self-tests to evaluate their lending practices
Fair Housing Act
prohibits discrimination in the making or purchasing of loans or providing other financial assistance, based on the 7 protected classes
Omnibus Appropriations Act of 1997
purpose is to allow lenders to conduct self-tests to evaluate their lending practices
Civil Rights Act of 1964
purpose was to prohibit discrimination and grant equal access to employment, schools, and public spaces; protects race, color, national origin, religion, & sex prohibited discrimination in publicly funded housing projects
Executive Order 11063 of 1962
purpose was to prohibit discrimination in the selling or leasing of property owned or funded by the federal government; race, color, creed, national origin are all protected prohibited discrimination in the selling or leasing of property owned or funded by the federal government, including those relying upon VA loans and FHA loans
Real Estate Settlement Procedures Act (RESPA)
requires lenders to issue the Loan Estimate and Disclosure form
Consumer Financial Protection B
the CFPB works to uphold fair and non-discriminatory practices and fights discrimination practices in lending. Their work includes: -Rooting out unfair, deceptive, or abusive acts or practices by writing rules, supervising companies, and enforcing the law -Enforcing laws that outlaw discrimination in consumer finance -Taking consumer complaints -Enhancing financial education -Researching the consumer experience of using financial products -Monitoring financial markets for new risks to consumers
redlining
the illegal act of a lender refusing to issue mortgages in a specific area; got its name because there were some areas where lenders would actually draw a line around a certain area on a map and refuse to lend to people there.
steering
the illegal act of guiding prospective home buyers towards or away from certain neighborhoods or areas because of their membership in a protected class generally happens 1 of 2 ways: 1. A real estate agent will advise a client to purchase homes in particular neighborhoods based on race or another protected class. 2. A real estate agent will fail to show or inform buyers of homes that meet their specifications based on race or another protected class.
blockbusting
the illegal practice of causing owners to sell their homes by creating fear that members of a protected class are moving into the area; encourages the panicked selling of homes below market value, generally by raising fears that an influx of individuals belonging to a particular minority group will decrease property values in a neighborhood and affect the area negatively. - aka panic peddling or panic selling
National Fair Housing Alliance (NFHA)
the only national organization dedicated solely to ending discrimination in housing; NFHA consists of more than 220 private, nonprofit fair housing organizations, state and local civil rights agencies, and individuals from all over the country.
discrimination
the unjust or prejudicial treatment of different categories of people, especially on the grounds of race, sex, religion, disability, or other classifications
Home Mortgage Disclosure Act of 1975 (HMDA)
*purpose is to require lenders to disclose lending patterns* An act that requires lenders involved with federally guaranteed or insured loans to not discriminate in the geographical distribution of their loans; aka designed to prevent redlining -the HMDA requires lenders to disclose specific lending information, including each borrower's race, ethnicity, gender, and age. -In essence, lenders must disclose how many loans they offer to specific communities, as well as the types of loans and the terms of those loans. This allows HUD to spot problematic lending patterns and helps support lawsuits or other disciplinary measures that HUD deems necessary.
The Fair Housing Act prohibits discrimination in housing based upon these protected classes:
-Race -Color -Religion -National origin -Sex (amended to include in 1974) -Disability (amended to include in 1988) -Familial status (amended to include in 1988) *does NOT protect sexual orientation*
Fair Housing Act vs. ADA
-The Fair Housing Act covers multiple protected classes, including disability. The ADA covers only disability. -The Fair Housing Act applies to residential dwellings. The ADA applies to employment, public accommodations and commercial facilities, public transportation, and telecommunications. -The Fair Housing Act includes both service animals and emotional support animals as reasonable accommodations. The ADA only includes service animals.
Compare Executive Order 11063 and the Civil Rights Act of 1964.
Both concerned only federally funded properties
What was the ruling in Brown v. Board of Education?
Brown v. Board of Education ruled that racial segregation in schools is "inherently unequal" and always unconstitutional.
Fair Housing Exemptions:
Exemption #1: Single-Family Residences Sold or Rented by Owner -Single-family residences sold or rented by owner if the owner does not own more than three single-family residences at one time. In cases where the owner is not the most recent resident of the property being sold, that owner is only granted one exempt sale in any 24-month period. Exemption #2: Rental of Rooms or Units in Owner-Occupied Property -Rental of rooms or units in owner-occupied property in a one-to-four family dwelling, if the owner resides in one of the units. Exemption #3: Dwellings Belonging to Religious Organizations or Private Clubs Exemption #4: Housing for Older Persons -Housing for older persons (housing for 62+, 80% of units have a resident 55+, or housing is state or federally operated). -The Fair Housing Act does *NOT cover non-dwelling buildings* -for the real estate license holder, there are no exemptions. -Under the Civil Acts Right of 1866, one can never discriminate on the basis of race.
What did Shelly v. Kraemer decide?
Shelly v. Kraemer decided that racially restrictive covenants were unenforceable.
HUD Complaint Process: Steps 1-3
Step 1: The client gathers information - their name and address, the name and address of the person their complaint is against (the respondent), the address or other identification of the housing involved, a short description of the alleged violation (the event that caused them to believe their rights were violated) & the date(s) of the alleged violation Step 2: The client contacts HUD - they'll need to send the Housing Discrimination Complaint Form or a letter to the HUD office nearest them or they may also call that office directly. Step 3: HUD notifies everyone involved - HUD will notify complainants when they've received their complaint. They will also notify the alleged violator of the complaint and permit that person to submit an answer, investigate the complaint and determine whether there is reasonable cause to believe the Fair Housing Act has been violated, & notify the complainant if it cannot complete an investigation within 100 days of receiving their complaint Step 4: HUD tries to reach an agreement - HUD attempts to form a conciliation agreement between the person the complaint is against (the respondent) and the person who filed the complaint. Note that HUD can also dismiss the case, if they decide no discrimination has occurred. Step 5: Administrative Hearing or Civil Action - If the complaint cannot be resolved through conciliation, two things can happen: a. HUD files a charge and the case is referred to an administrative law judge, or b. Either party can elect to have the case tried in a civil court.
The Americans with Disabilities Act
a federal civil rights law enacted to prohibit discrimination against and create standards for people with disabilities. 5 parts to the ADA: Title I: Employment-Employers are required to provide reasonable accommodation to individuals with disabilities, and they may not discriminate against an individual with a disability when they are making decisions about hiring or promotions. Title II: Public Entities and Public Transportation: forbids discrimination against people with disabilities when it comes to "public entities." Title III: Public Accommodations and Commercial Facilities Title IV: Telecommunications- Companies offering telephone service must offer telephone relay services to allow communications access for people with speech and hearing impairments. Title V: Miscellaneous- contains a variety of provisions relating to the ADA as a whole, including its relationship to other laws, state immunity, its impact on insurance providers and benefits, prohibition against retaliation and coercion, illegal use of drugs, and attorney's fees.
Fair Housing Act of 1968
a federal law that says it is unlawful to refuse to sell, rent to , or negotiate with any person because of that person's inclusion in a protected class: race, color, religion, or national origin and was amended to include sex, disability, and familial status -enforced by the HUD (Department of Housing and Urban Development)
tester
an individual who, without any bona fide intent to rent or purchase a home, apartment, or other dwelling, poses as a prospective buyer or renter for the purpose of gathering information; this info may indicate whether a housing provider is complying with fair housing laws
Fair Housing Assistance Program (FHAP)
funding provided by HUD to state and local agencies that enforce fair housing laws that HUD has determined to be substantially equivalent to the federal Fair Housing Act
Office of Fair Housing and Equal Opportunity (OFHEO)
implements and enforces the Fair Housing Act and other civil rights laws, manages the Fair Housing Assistance Program (FHAP), works with other government agencies on fair housing issues, interprets policy, and processes complaints, among many other things
disparate impact
the idea that a practice or system can be discriminatory if it is found to be disproportionately affect members of a protected class, even if the policy itself is not rooted in intentional discrimination
