Chapter 7: Civil Rights and Fair Housing

Familial status

A category including persons who have children (under 18 years old) living with them. It also includes someone who is pregnant or is in the process of securing custody of a child.

Protected class

A group of people that falls into one of the categories that are protected against discrimination.

Actions that do not violate Fair Housing laws

A real estate agent may ask questions or make comments as necessary to best serve the needs of a disabled person. Positive measures to reach out to members of a protected class, rather than discriminating against them.

Americans with Disabilities Act

A.D.A. - Effective in January 1992, this law was passed to ensure that disabled persons have equal access to public facilities. The ADA requires any business or other facility open to the public to be accessible to the disabled. Private clubs and religious organizations are exempt.

Disability

Also referred to as handicapped. A physical disability or mental impairment that substantially limits one or more major life activities.

Public accommodation

Any public or private entity with facilities open to the public, if operation of the facilities affects commerce.

Blockbusting

Attempting to induce homeowners to list or sell their homes by predicting that members of another race or ethnic group, or people with a disability, will be moving into the neighborhood. Also called panic selling.

Steering

Channeling prospective buyers or tenants toward or away from particular neighborhoods based on their race, religion or national origin, in order to maintain or change the character of the neighborhoods.

Federal Fair Housing Act

Contained within Civil Rights Act of 1968, this act intended to provide fair housing opportunities throughout the United States. This law makes it illegal to discriminate on the protected classes. Also prohibits discrimination in advertising, lending, real estate brokerage and other services in connection with residential real estate transactions.

Equal Credit Opportunity Act

E.C.O.A. - applies to credit transactions, including mortgage lending. Prohibits lenders, loan originators, mortgage brokers and others involved in financing from discriminating against the protected classes.

Commission on Equal Opportunity

Enforces the Georgia Fair Housing Law.

Fair Housing Law

Georgia's own law that mirrors the federal Fair Housing Act.

Housing and Urban Development

H.U.D. - Enforces the Fair Housing Act through its Office of Fair Housing and Equal Opportunity.

Home Mortgage Disclosure Act

Helps the government learn whether lenders are fulfilling their obligation to serve the housing needs of the communities where they are located.

Redlining

Refusing to make a loan because of the racial or ethnic composition of the neighborhood in which the security property is located.

Race Color Religion Sex Handicapped Familial status National origin

The 7 protected classes. (Realtors Can Really Sell Homes Fast Now)

Civil Rights Act of 1964

The act that prohibited discrimination based on race, color, religion or national origin in many programs and activities for which the federal government offered financial assistance. Was not until the Civil Rights Act of 1968 that major progress was made towards fair housing.

Civil Rights Act of 1866

The act that prohibits any discrimination based on race. It applies to the actions of both public organizations and private individuals (residential and commercial).

4 exemptions from the Fair Housing Act

The sale or rental of a single family home. The rental of a unit or a room in a dwelling with up to 4 units. Religious organizations may limit occupancy Private clubs with lodgings that aren't open to the public (NEED TO READ FINE PRINT 1 & 2 PG. 151 AND 153)