FAIR HOUSING CH 2
The Americans with Disabilities Act is what kind of law?
A civil Rights Law
Enforcement
A person who believes his or her rights have been violated undert the Fair Housing Act may file a complaint with HUD WITHIN ONE YEAR of the alleged discriminatory act or may file a lawsuit in federal or state court.
Affirmative Marketing
Affirmative Marketing targets homebuyers and renters who are "least likely" to be aware of affordable housing programs. The Equal Housing Opportunity poster declares that persons within a business adhere to the federal Fair Housing Act and pledge to support affirmative marketing
Blockbusting
Also known as panic selling or panic peddling. It is completely illegal and unethical. This act happens when a person successfully persuades another person to move on the basis that the impending arrival of a protecting class of people will inevitably drive property values downward.
Redlining
Completely illegal and unethical. This act happens when a financial institution, like a bank or insurance company, refuses to make its products and services available in particular neighborhoods for reasons that have nothing to do with an applicants economic qualifications.
Steering
Completely illegal and unethical. This act happens when a person channels a prospective homebuyer or renter to or away from specific areas due to his or her membership in a protected class. Even assumptions about the neighborhood preferences of home seekers can be wrong and dangerous.
Federal Fair Housing Act of 1968
Contained in Title VIII of the Civil Rights Act of 1968. It prohibits discrimination on the basis of race, color, national origin, or religion in a "residential real estate-related transaction". Advertising, selling, leasing, brokering, appraising, constructing, improving, repairing, mortgage lending, and other services connected with these activities are included.
Hair Housing Protected Classes MASSACHUSETTS LAW
INCLUDES EVERYTHING LISTED IN FEDERAL LAW, PLUS- Sexual orientation, Marital Status, Age (excluding minors), Military Personnel, Veteran Status, Public Assistance, Rental Assistance, Genetic Information
Prima Facie Evidence
Prima Facie evidence is evidence that establishes a fact or leads other to presume a fact. For example, absence of the Equal Housing Opportunity poster form a broker's office is a violation of HUD rules and proof of discrimination.
Civil Rights Act of 1866
Prohibits any and all types of discrimination based on RACE. It states "That all citizens of the US...of every race and color, shall have the same right, in every State and Territory...to make and enforce contracts...to inherit, purchase, lease, sell, hold, and convey real and personal property...as is enjoyed by white citizens..."
The Housing and Community Development Act of 1974
Prohibits discrimination in housing on the basis of SEX
The Fair Housing Amendments Act of 1988 (FHAA)
Prohibits discrimination in housing on the basis of mental of physical disability (handicap) and against families with children ( familial Status ). It recognizes that "housing for older persons" does not violate familial status protections.
Fair Housing Protected Classes FEDERAL LAW
Race, Color, Religion, National Origin(includes Ancestry), Sex(Gender), Disability (Handicap, mental or physical) and Familial Status (presence of children)
Lawful Exceptions and Exemptions
There are NO permitted exemptions from fair housing law involving race, color, national origin (ancestry), or regarding the recipients of federal, state, or local public assistance, medical assistance, rental assistance, or housing subsidy.
EQUAL HOUSING OPPORTUNITY POSTER
Under a HUD regulation, people involved in real estate transactions MUST conspicuously display an equal housing opportunity poster in their places of business.
Civil penalties ordered by the administrative law judge (ALJ) to guilty party or parties ($ amounts)
Up to $16,000 for the first offense Up to $37,500 for the second offense during the preceding 5 years Up to $65,000 for two or more offenses during the preceding 7 years
