Chapter 4 Fair Housing

Federal Fair Housing Act of 1968 can not discriminate based on

race, color, religion, or national origin

The Federal Fair Housing Amendments of 1988 added which 2 protected classes

- 1. Mental or physical handicaps (including AIDS) - 2. Familial status (family members under 18 years of age)

Exemptions to the Federal Housing Act of 1968

- Units owned by religious organization can restrict ownership to people of same religion (e.g. a convent refuses to furnish housing for a Jewish man) - Private club that is not open to the public (e.g. Harvard Club in NY restriction to allow on Harvard graduates) - rental of rooms or units is exempted in an owner-occupied one to four family dewlling

Enforceable fines for illegal discrimination (NJ LAD)

- Up to $10000 for a first offense - Up to $25000 for a second offense - Up to $50000 for subsequent offenses

Enforceable fines for illegal discrimination (HUD)

- Up to $16000 for a first violation -$42500 for a second violation within 5 years - $70000 for further violations within 7 years

Time period to file a charge for illegal discrimination

- Up to one year to file a charge with the Department of Housing and Urban Development (HUD) and HUD will investigate - Up to two years to bring a federal suit

Civil Rights Act of 1866 is unique because it

- covers ONLY the areas of race and color - provides NO exceptions - requires a federal court suit by the complainant

Good precautions against even unintentional discrimination is

- detailed record keeping on each customer - use of standard financial interview form - routine follow-up phone calls

NJ LAD protected classes

- race - creed - color - religion - national origin - ancestry - GENDER - MARITAL OR FAMILIAL STATUS - LAWFUL SOURCE OF INCOME - affectional and sexual orientation - mental or physical disability

Housing intended for older persons is exempt from the familiar status requirements if it is solely occupied by persons aged

62 years and older, or if 80% of its units are occupied by at least one person 55 or older and the housing facility or community publishes and adheres to certain certain policies and procedures

What must be given to the homeowner at the time a property is listed IMPORTANT

Attorney's General's Memorandum against discrimination

Mount Laurel I and II

Court cases covering low income housing

Injunction

Enforcement for illegal discrimination where the offender has to take action-rent to the complaining party, for example-or to refrain from taking action

Refusing to rent an apartment to a couple because they are not married violates

NJ LAD

Refusal to rent to someone because they receive public assistance violates

NJ statutes

NJ Law Against Discrimination (LAD)

New Jersey's Law governing discrimination in real estate transactions

What must all real estate offices and rental offices in large apartment complexes in NJ conspicuously display

an antidiscrimination poster - failure to display the poster is punishable by a fine of $100 or more

The NJ LAD permits

an owner-occupant of a one or two family residence to select any tenant

Where can you file complaints under the NJ LAD

at any of the offices of the attorney general

Steering

channeling home-seekers to or away from certain areas

Reverse discrimination

discrimination intended to correct past wrongdoings

Department of Housing and Urban Development (HUD)

federal agency enforcing civil rights compliance

Federal Fair Housing Act of 1968

federal law setting many protected classes; SOME EXCEPTIONS - residential property ONLY - race, color, religion, national origin = protected classes

Civil Rights Act of 1866

federal law; protected classes are race and color; NO EXCEPTIONS

What was Mount Laurel I lawsuit caused by

illegal discrimination against low income person through use of EXCLUSIONARY ZONING

Blockbusting (panic peddling)

inducing panic selling based on prejudice (by making representations regarding entry or prospective entry of minority persons into the neighborhood)

When and where must complaints be filed under the NJ LAD

must be filed with the state's attorney general within 180 days after the alleged offense and the attorney general's office investigates promptly and has 45 days to attempt conciliation

Policy of never renting to persons with prison records violates

no law

Redlining

refusal to lend in certain areas, usually inner-city - refusing to make mortgage loans or issue insurance policies in specific geographic areas without regard to the economic qualifications of the applicant

Example of something permitted under Federal Fair Housing Act

refusing to sell a home to an individual because he or she has a poor credit history

Title VIII

section of federal Civil Rights Act that covers housing

Protected class

specific group that may not be discriminated against

Attorney General's Memorandum

statement about discrimination everyone listing property must receive

Tester

undercover checker who monitors fair housing compliance

Participation in the HUD/NAR Fair Housing partnership is

voluntary