Fair Housing Laws
Administrative Proceedings
An aggrieved consumer who believes that they have been a victim of illegal discrimination has several avenues of complaint, but must file within one year of the alleged act.
LGBTQ wasn't included in the original act:
Fair Housing Act
FCRA and the Fair Debt Collection Practices Act
Form the base of consumer rights in the United States
Sec. 301.081. Compaint:
The commission shall investigate complaints of alleged discriminatory housing practices
mental impairment
mental or psychological disorder
Department of Housing and Urban Development
the United States federal department that administers federal programs dealing with better housing and urban renewal
After charges are filed, the aggrieved party has 20 day to exercise their option to take the case to a state district court for a jury trial. If the aggrieved party does not choose to exercise that option,
the case automatically rolls over to an administrative law judge (ALJ) for adjudication.
How many exemptions to the Fair Housing Act in regard to property transaction and the Act's requirements of nondiscriminatory treatment.
7
A complaint must be filed on or before the first anniversary of the date the alleged discriminatory housing practice occurs or terminates, whichever is later
A complaint may be amended at any time.
Civil Rights Act of 1866
A federal law that prohibits all discrimination on the basis of race.
Fair Housing Act of 1968
A federal prohibition on discrimination in sale, rental, financing, or appraisal of housing on the basis of race, color, religion, gender, handicap, or familial status.
Civil Rights Act of 1964
A law that prohibited discrimination on the basis of race, sex, national origin in any housing program receiving federal money.
physical impairment
Any physiological disorder or condition, cosmetic disfigurement or anatomical loss affecting one or more of body systems.
Steering
Channeling prospective buyers or tenants to particular neighborhoods based upon their race, religion, national origin, or ancestry.
CRA, in Texas Housing and credit discrimination laws,
Credit Reporting Agencies and Community Reinvestment Act.
FCRA in housing discrimination law stands for:
Fair Credit Reporting Act
Americans with Disabilities Act (ADA)
Federal law that prohibits discrimination against employees and job applicants with disabilities.
Blockbusting
Illegal practice of inducing homeowners to sell their properties by telling them that a certain people of a certain race, national origin or religion are moving into the area
Familial Status
In fair housing, at least one person over the age of 18 having legal custody of one person under 18, includes pregnant women and foster children
An answer must be:
In writing, under oath, in the form prescribed by the commission.
Sec. 301.082. Answer
Not later than the 10th day after the date of receipt of the notice and copy of the complaint. An answer may be filed to the complaint.
After 3/13/1991 -Fair Housing Act changes:
Public and common areas must be accessible to persons with disabilities. Doors and hallways must be wide enough for wheelchairs. Fire hazard safe for persons with disabilities.
Original Housing Act mad it illegal to:
Refuse to rent/sell housing, Refuse to negotiate for housing, make housing unavailable, deny a dwelling, set different terms,conditions, or privilages for the sale/rental of a dwelling, ect.
Exemptions to the Fair Housing Act:
Religious organizations, Private Clubs, Occupancy standards, Drug conviction, Single-family housing, Mrs. Murphy's exemption, Familial status/housing intended for and solely occupied by persons aged 62.
The FCRA classifies two types of information collection acgencies; these are consumer reporting agencies (CRA's) and nationwide specialty consumer reporting agencies.
Reporting and Collection of Consumer Information
After racial discrimination in housing was ruled unconstitutional, this mechanism is used to get around this ruling:
Restrictive covenant.
An aggrieved person may file a complaint with the commission alleging the discriminatory housing practice.
The commission may file a complaint.
Redlining
a practice in which banks refuse to make loans to people living in certain geographic locations
On the filing of a complaint, the commission shall:
give the aggrieved person notice that the complaint has been received, advise the party of time limits and choices of forums under this chapter, not later than 20th day after the date of filings of the complaint.
A complaint must be:
in writing, under oath, and in the prescribed by the commission.