Chapter 13: Fair Housing Applied

Civil Suits Filed in Federal District Court

A person could file a civil lawsuit in federal court. The lawsuit must be filed within two years after the discriminatory act occurred or ended, or after a conciliation agreement was breached.

Through federal law, the ADA requires reasonable accommodations as necessary to suit the needs of the person with the disability.

This includes changes in rules, policies, practices, or services to accommodate the person. This applies to private as well as public housing. Modifications are to be made at the resident's expense, such as installing an entrance ramp, lowering the entry threshold, or installing grab bars in a bathroom.

When Fair Housing Rights have been violated, the aggrieved person can file a complaint with HUD.

HUD must begin to work with the complainant within 30 days. Within 10 days after receipt of a signed complaint, HUD will send the respondent notice that a fair housing complaint has been filed against him along with a copy of the complaint. At the same time, HUD will send the complainant an acknowledgement letter and a copy of the complaint. Within 10 days of receiving the notice, the respondent must submit to HUD an answer to the complaint.

If HUD finds no reasonable cause that housing discrimination has occurred, HUD will issue a determination of no reasonable cause and close the case.

If reasonable cause is found, HUD will issue a determination of "reasonable cause" and charge the respondent with violating the law.

Advanced rents and deposits are held in trust on behalf of the landlord and tenant.

Rents and deposits, including those in escrow, must not be used for anything else, even temporarily as it could be see as conversion.

Florida's Fair Housing Law protects the same 7 classes as the federal fair housing law.

The law prohibits the refusal to rent or sell housing; falsely deny that housing is available for inspection, rental, or sale; refusal to make a mortgage loan; impose different conditions or terms on a loan; threaten, coerce, or intimidate any individual exercising a fair housing right; and refuse reasonable changes to a dwelling to accommodate a disability.

Real estate transactions exempt under the Fair Housing Act:

If the seller owns three or fewer single-family dwellings, or was not living in the house and was not the most recent resident when the property was sold or rented, still allowed one exempt sale within a 24-month period or, rentals in multi-family dwellings with four or fewer family units when the owner lives in one of the units AND if a real estate agent was not involved in the sale or lease and there was no discriminatory advertising involved.

Title VIII of the Civil Rights Act of 1968 is referred to as the Fair Housing Act. The Fair Housing Act expanded the 1964 Civil Rights Act to prohibit discrimination in the sale, rental, and financing of housing based on race, religion, national origin. The 1974 Amendment provided for discrimination against gender; and the 1988 Amendments protects people with disabilities and families with children.

Race, color, religion, national origin, sex as of 1968 or gender as of 1974, familial status, and disabilities as of 1988

The ADA is a wide-ranging civil rights law that is intended to protect against discrimination based on disability.

The Americans with Disabilities Act became U.S. law in 1990 to make society more accessible to people with disabilities. Amendments were passed in 2008 to broaden the definition of disability to include any person who has a physical or mental impairment that substantially limits one or more major life activities, has a record of such impairment, or is regarded as having such an impairment.

The Florida Fair Housing Act makes it illegal to discriminate in the sale, rental, advertising, financing, or providing of brokerage services for housing.

The Fair Housing Act parallels the Federal Fair Housing Act. The Florida laws do not add any additional covered groups or classes of people.

Either party must give notice no less than 60 days prior to the end of any annual period; no less than 30 days prior to the end of any quarterly period; no less than 15 days prior to the end of any monthly period; no less than 7 days prior to the end of any weekly period.

A Landlord may terminate a lease for non-payment of rent with only 3 business days' notice. Either party may terminate a lease if the other party is not living up to the terms of the lease by giving the other Notice of the Violation and a 7- day opportunity to correct the situation.

Multi-family housing built before March 13, 1991 must follow design requirements to ensure that housing is accessible to persons with disabilities.

Exemption from this law includes owner-occupied buildings with no more than four units, single-family housing sold or rented without the use of a broker, and housing operated by organizations and private clubs that limit occupancy to members.

When the landlord is holding the deposit without the use of a property manager, the landlord must choose one of the following methods to hold security deposits. How the money is being kept must be disclosed to the tenant. The landlord must provide written notice to the tenant within 30 days of collecting deposit as to which method was chosen.

Hold money in a separate non-interest bearing Florida bank account for the benefit of tenant; Hold money in a separate interest-bearing Florida bank account and pay the tenant at least 75% interest or 5% per year simple interest; or Post a bond for amount of security deposits and advance rents or $50,000, whichever is less, and pay tenant 5% per year simple interest.

Interstate Land Sales Full Disclosure Act was passed by Congress in 1968 to protect consumers from risk of fraud when purchasing or leasing land.

Land developers must register developments of 100 or more lots with the Consumer Financial Protection Bureau (CFPB). For developments of 25 or more lots, the developer must give purchasers a Property Report prior to the buyer signing the purchase agreement, which discloses detailed information about the subdivision.

Definition of Familial Status Protection

Protection from discrimination based on familial status of one or more individuals who have not attained the age of 18 years living together cannot be discriminated against. Furthermore, this protection extends to someone who is pregnant or in the process of getting custody.

If broker manages rental property, deposits and advanced rents must be deposited into the broker's escrow account.

The broker may only keep $5,000 of the broker's funds in the escrow account to maintain the account. Sales associates must deliver rent and rental deposits to broker by the end of the next business day.

Denying Membership

Deny anyone access to or membership in a facility or service due to being a member of a protected class when the membership is related to the sale or rental of housing - such as being able to join a multiple listing service or real estate association.

Florida Americans with Disabilities Accessibility Implementation Act

Passed in 1993 by Florida Statutes to adopt accessibility requirements of the Americans with Disabilities Act of 1990, and laws mirror the ADA standards and places design guidelines on new construction.

Notify the tenant of eviction is done in writing. After the time is up, the landlord will file complaint for eviction with the courts.

Tenant has 5 business days to respond to complaint. If tenant continues to occupy without responding, landlord will obtain a final judgment from court, post a 24-hour notice and court issues writ of possession to be served by the sheriff to the tenant.

Tenants cannot withhold permission for a landlord to enter the premises without cause.

Tenants must allow landlords to enter property to make inspections, provide services, make repairs, and to show property. The landlord may enter property at any time in case of emergency. Otherwise, they are obligated to give tenant reasonable notice, at least 12 hours.

Florida Residential Landlord and Tenant Act - Florida Statutes Chapter 83, Part II.

The purpose of Florida's landlord and tenant laws is to try to place landlords and tenants in an equitable legal basis. Landlord tenant laws apply to rental of residential dwelling units not to the renting of mobile home lots or commercial properties.

An HUD Administrative Law Judge will hear the case unless either party elects to have the case heard in federal civil court. Parties must elect within 20 days of receipt of the charge.

Within 30 days after either party elects to go to federal court, the Department of Justice will commence a civil action on behalf of the aggrieved person in U.S. district court. If the court finds that a discriminatory housing practice has or is about to occur, the court can award actual and punitive damages, as well as attorney's fees.

Fair Housing Act

Acts Prohibited include refusing to rent, quoting different terms, discriminatory advertising, steering, blockbusting, redlining, denying membership, false statements regarding availability.

Fair Housing Poster must be displayed by rental and brokerage offices and construction locations.

All fair housing posters must be prominently displayed to be readily apparent to all persons seeking housing accommodations or seeking to engage in residential real estate related transactions or brokerage services. The failure to display the fair housing poster as required by this part shall be deemed prima facie evidence of a discriminatory housing practice.

Housing for Older Persons Act of 1995

Because of this amendment, it is legal for communities to market themselves as 55 plus or age-restricted. For the exemption to apply, communities must maintain 80 percent of the occupied units as occupied by at least one person who is 55 years of age or older.

Blockbusting

Convincing owners to sell property cheaply by scaring them that the property will lose value due to members of a protected group moving into the neighborhood, and thus profiting by reselling at a higher price.

Discriminatory Advertising

It is unlawful to make, print, or publish any statement, about the sale or rental of a dwelling, that indicates a preference, limitation, or discrimination based on race, color, religion, gender, disability, familial status, or national origin.

Steering

It is unlawful to steer a group of people away or toward housing based on being a member in a protected class.

Civil Rights Act of 1866 makes it illegal to discriminate in the sale or leasing of real estate housing, whether public or private, based on race, without exception.

Jones v. Mayer

Definition of Handicap Status Protection

Protection from discrimination based on handicap status against anyone with a physical or mental impairment, including persons recovering from alcoholism and drug addiction.

Upon vacating premises, when landlord is holding a security deposit, the landlord must:

Return the deposit to tenant within 15 days if no claim is to be made, or send written notice by certified mail within 30 days if claim is made on the deposit. Tenant is permitted 15 days to respond to landlord's written claim. Any disputes are handled in civil court.

Redlining

When lenders and insurance companies refuse services based on an area being made up of a high concentration of a protected group.