Ch 1, Ch 5-20 Notes and Highlights

Steering

Steering people to or away from specific neighborhoods based on their race, color, protected class. ex. Moving a white couples only to Park Slope or Renting black people houses only in Brownsville.

Fair Housing Violations

Steering, Blockbusting, Redlining

Comprehensive Plan aka Master Plan

a written document that identifies the goals, objectives, principles, guidelines, policies, standards, and strategies for the growth and development of a community. Municipal planning boards create this plan.

A licensee attempts to get listings by telling homeowners in the neighborhood that their property values will decline when a group of immigrants move in. The licensee could be found guilty of _________? a.) blockbusting b.) boycotting c.) redlining d.) steering

a.) Blockbusting

The bundle of rights exclude all of the following except:

a: Right of exclusion

Cluster Zoning

allows developers to provide a varied selection of lot sizes and housing choices within a single area. Common element of cluster zoning is incorporation of green spaces.

Amperage

amount of electricity going through the wire- measured in amps. Most residential properties require min of 100 amps, newer construction requires 200 amp service.

Personal Property

any property that is moveable and not fixed to land. Any real estate that is personal property. aka chattel

Abutting properties

are directly contiguous parcels, sharing at least one common boundary.

If a restrictive covenant becomes illegal after it is written, then it is...

automatically terminated.

Age is protected under which class? a.) Federal b.) State c.) City

b.) State

Individuals posing as prospective homeowners but are actually volunteers investigating equal treatment in seeking a home through a brokerage firm are known as ______? a.)investigators b.)testers c.)facilitators d.)finders (?)

b.) Testers

Framing

basic, load-bearing skeleton of a structure to which the interior & exterior walls, and roof system are attached.

Slab-on grade construction

concrete foundation built directly on the ground. Slab on grade house or building don't have basements.

State powers in public land use regulations include

escheat, transpo issues, preservation concerns, more.

Building envelope

exterior elements (walls, windows, floor, roof, etc) that enclose the interior.

Platform construction

framing by which the house or building is constructed one story at a time, with each story serving as a platform for the next.

Licensed real estate agents are

statutory non-employees that are treated as independent contractors for all tax purpose as long as we 1) are a licensed real estate agent. 2) are paid according to sales or output.

Conduct prohibited by Fair Housing Laws (3)

- Refusing housing based on [racist cops really need seven f*cking dicks] - Telling people (i.e. family with kids) a place is unavailable when it really is. -Refusing to accept an offer to purchase or rent because applicant is a protected class.

Contractors who do not deposit funds into an escrow account (or provide a bond of contract of indemnity or irrevocable letter of credit) will be subject to

- a civil penalty not to exceed $250 per violation - or 5% of the contract price (total penalty not to exceed $2,500 per contract).

Amount of time one can file a complaint through HUD's Office of Fair Housing and Equal Opportunity

1 year

IRS Code Section 3508[a][b] classifies employment in what four ways

1) Independent contractor 2)Employee 3)Statutory employee-paid by hour 4)Statutory non-employee

Federal Fair Housing Act prohibits discrimination based on these classes:

1. Race 2. Color 3. Religion 4. National Origin 5. Sex 6. Familial status 7. Disability RCRNSFD racist cops really need seven f*cking dicks

Real estate sales license exam age requirements?

18 or older (20 for broker)

Civil actions for violations of NYC Human Rights Law must be made within ____ years of the alleged unlawful act.

3 years

Plat

A detailed survey map of a subdivision recorded in the county where the land is located. Subdivided property is often called platted property.

PEX

A flexible (cross-linked polyethylene) piping that is popular because it is resistant to bursting if the lines freeze.

Most of the laws pertaining to salespersons and brokers are contained in _____?

Article 12-A of the Real Property Law.

Foundation

Basic structure on which the rest of the house sits.

Right of possession Right of quiet enjoyment right of disposition right of exclusion right of control

Bundle of Legal property rights

Homeowners in a certain area have been subject to repeated and intense solicitation by real estate licensees. The DOS can establish _____?

Cease-and-desist zones

What's another word for personal property?

Chattel

Real property is transferred by a _____?

Deed

Who plays an important role for consumers, occupational licensees, applicants and the business community in New York State.

Department of State Divisions and Licenses

Blueprint

Detailed building plan used to evaluate design, determine feasibility, and guide construction of a structure.

Agent Amy is discussing a possible listing when the homeowner tells her he does not sell to minorities. What should Amy do?

Do not take the listing should she and her broker could be liable for violating fair housing law.

Plessy v. Ferguson 1890

Equal but separate accommodations for white and colored races. (Segregation)

State Protected Classes

Federal PLUS: Marital Status Sexual Orientation Age Domestic Violence Victims Military Status Gender identity Married gay 30yo seeks dom soldier tranny

NYC Protected Classes

Federal+State+ Citizenship Status Partnership Status Lawful Occupation Lawful Source of Income

Fullest freehold estate interest that exists in real property. Also called fee title or fee simple absolute.

Fee simple estate

Civil Rights Act of 1866

First federal law to guarantee equal housing to all U.S. citizens. All citizens of the U.S. have the same right in every state to inherit, buy, sell, or lease and convey real and personal property. Prohibits any type of discrimination based on race or color. NO EXEMPTIONS.

Items of personal property that have been permanently attached to the land or its improvements i.e. ceiling fans, built-in bookcases, furnaces etc.

Fixture

A possessory interest of uncertain duration.

Freehold estate

Blockbusting

Getting an old lady to sell her house by telling her that the property value is declining due to a bunch of new black people moving to the neighborhood.

Forced Warm Air System

Heat and Central air that travels through vents and ducts.

Federal Fair Housing Exemptions (2)

Housing operated by organizations Housing provided by private clubs

Tenenacy in Common

Inheritable

Reasonable Modification and Accomodation

Landlord is responsible for providing reasonable accommodations for disabled. i.e. allowing guide dogs in a no pet apartment. Disabled tenants are responsible for costs associated with reasonable modifications (i.e. ramps and shit.)

Which protected class is not covered by NY state law but may be covered by a specific municipality (New York City)?

Lawful Occupation

A freehold estate that lasts only as long as a specified person

Life estate

Protecting seniors

Life estate

Doctrine of Lasches

Loss of legal rights because of failure to assert those rights in a timely manner

A blind woman wishes to rent an apartment. She wants a doorbell. What does the landlord do?

Must allow tenant to make renovations at her own expense.

Which law provides an exception/exemption that permits discrimination based on race?

NO LAW

Who is in charge regulating well water or sewage systems in NY?

NY Dept of Health

Ownership in Severalty

One Owner

Brown vs. Board of Education 1954

Overturned Plessy v. Ferguson. Ruled that segregation was unequal and violated the constitution.

Joint Tenancy

Owners own equal percentage

Cease-and-desist zones

Particular areas deemed by the D.O.S. to protect residents who reported being subject to "intense and repeated solicitations" by licensees to sell or list their property.

3 basic frame construction types

Platform construction, Post and beam construction, balloon construction.

Building Department

Protect's a municipality's residents by seeing that code restrictions are followed, and construction and renovation are done by licensed professionals.

Interstate Land Sale Full Disclosure Act

Protects consumers from fraud or abuse in the sale or lease of land. Regulated through the U.S. Department of Housing and Urban Development (HUD).

Federal Protected Classes

Race Color Religion Nationality Sex Familial status Disability

Which is an example of redlining?

Refuses to make a mortgage loan on property in minority neighborhoods.

Redlining

Refusing to make loans on properties based on the neighborhood. (BROWNSVILLE)

Appurtenances

Rights that go w/ real property, for example, access rights, limited air rights, water rights, mineral rights, etc.

Environmental Impact Statement (EIS)

Study required by National Enviro Policy Act for all federal and federally related projects, which details a development project's impact on energy use, sewage systems, drainage, water facilities, schools, and other environmental, economic, and social areas.

Levy

Tax imposed on people or items. Gov't has authority to pass taxation on revenue generating laws.

When couple divorces, the real estate ownership is now deemed as...

Tenants in Common

Married couple owns real estate, it is assumed they have

Tenants in Entirety

Building Codes

The Uniform Fire Prevention and Building Code, as modified by local amendments. Governs the construction details of buildings and other structures in the interest of the safety of the occupants and public.

Condemnation (condom)

The actual act of taking of the property for public use through the government's power of Eminent Domain.

Spot Zoning

The illegal rezoning of a single parcel or a small area to benefit one or more property owners rather than carry out the objectives of the master plan.

Any equipment or personal property a commercial tenant installs for business purposes.

Trade fixture

Fee Simple Estate

Type of Freehold estate.

Power of Escheat

When someone dies intestate without a will and has no heirs or creditors, title to property reverts back to the state

Corporation ownership

Within a single corporation, property is owned by one legal person.

Specifications

Written documents explaining the requirements for the scope of work, including materials, standards, and expected quality of finished product.

Aluminum cabling

good conductor of electricity and is found in buildings constructed after 1963.

Eminent Domain

government's constitutional power to appropriate or condemn private property for public use, as long as the owner is paid just compensation.

Zoning Board of Appeals

grant variances. Protects landowners from the unfair application of zoning laws in particular circumstances. Hears appeals from the decisions of zoning enforcement officers and building inspectors when interpretations of zoning ordinances are involved.

Public land restrictions

imposed by the government at the local, state, and fed level

someone who earns at least $600 recieves a 1099 MISC from the employer detailing any commission-based income as opposed to W-2.

independent contractor

subjects out-of-state licensees to the jurisdiction of the courts of the state of New York

irrevocable consent

Concrete slab

is a foundation made from a layer of poured concrete reinforced with steel rods.

Certificate of Occupancy

is issued to builders after all inspections have been made and the property is deemed fit for occupancy.

Real Property

is land and its attachments, as well as all of the rights associated with the property.

Beam

long piece of wood, metal, or concrete, etc.

Eave

lowest section of the roof that projects beyond the side walls.

Voltage

measure of the force that pushes electricity through a a wire. Residential circuits operate at 110 Volts, while larger appliances require 220 Volt circuits.

Non-conforming use

occurs when land use does not conform to current zoning laws, but is legally allowed because the land use was established before the new zoning laws were enacted.

New York General Business Law 36-B

provides info on laws governing a new home. Warranties include: -1 yr for workmanship -2 yrs for plumbing, heating, electrical, cooling and vent systems. -6 yrs for material defects.

Freehold estates aka _______

real estate

New York State Article 9-A

requires subdividers to file with the DOS before offering to sell or lease subdivided vacant lands to NYS residents on an installment plan.

Deed Restriction

restrictive covenants that apply to future landowners. These restrictions run with the land, which means they move with the title in future conveyances. Deed restrictions may be conditional.

When gov't restricts land use, it is exercising it's police power

the constitutional power of state and local governments to enact and enforce laws that protect the public's health, safety, morals, and general welfare.

Someone has a beauty parlor. When they leave they take their sinks- what are these called?

trade fixtures

Balloon construction

type of framing with long studs going up the entire length of the house, from foundation to roof. No longer permitted as a construction method by most building codes because of poor fire-resistant design and high cost of studs.

Footer

underground base, usually concrete, that supports a foundation.A trench is dug so concrete can be poured onto solid ground. Wider at the bottom and wider than the structure it will support.

Stud aka Wood-framing member

vertical beam that serves to frame a structure.