Introduction to Federal Fair Housing Laws

Which of these actions is legal?

A man advertises for a roommate to share his two-bedroom apartment and specifies that he prefers female roommates.

Which of these is something that is NOT requested in the initial fair housing complaint form?

A notarized copy of the complaint description

"Separate but equal" is not really equal. Segregation in public schools is unconstitutional.

Brown vs. Board of Education

Rules that ban certain races from living in certain areas are unconstitutional.

Buchanan vs. Warley

The Complaint Process Members of a federally protected class who believe they've been victims of housing discrimination can file a complaint directly on HUD's website. Which four of these statements about filing a complaint are true?

Complaints must be filed within one year from the time the suspected discrimination occurred. The complaint form asks the consumer to describe the alleged discrimination. Complaints must specify the victim's protected class status, who perpetrated the discrimination, and exactly where the discrimination occurred. A fair housing specialist is the first to review a victim's claim.

Which act created the Office of Fair Housing and Equal Opportunity under the Department of Housing and Urban Development?

Federal Fair Housing Act of 1968

The Office of Fair Housing and Equal Opportunity is a part of which federal department?

HUD

Prior to a certain act's existence, there was no legal protection for women who endured sexual harassment from landlords and sellers when they attempted to obtain housing. What's this act called?

Housing and Community Development Act of 1974

Which act states that communities and facilities that meet certain criteria for providing housing to older persons are legally exempt from familial status discrimination?

Housing for Older Persons Act of 1995

Discrimination is not allowed, even when you're selling your own property.

Jones vs. Mayer

Contrary to federal fair housing laws, the state where Katrina lives includes age as a protected class. Which of these statements about this conflict is true?

Katrina must follow the more restrictive of federal or state law.

8-12 Senior Housing Exemptions One of the more commonly used exemptions is for senior housing. While most people can't discriminate against families with children, housing designed specifically for seniors is allowed to do exactly that, but only if the housing meets certain requirements. Indicate whether the following descriptions meet these requirements or not. 1 All of the residents at Shady Pines are at least 62 years old.

Meets exemption requirements

HUD determined the complex was specifically designed for seniors.

Meets exemption requirements

Half of the residents are older than 50, and there are no children.

Meets exemption requirements

Of the residents, 80% are 55 years old or older, and there's a policy in place to keep it that way.

Meets exemption requirements

Mrs. Murphy Discriminates. Why Can't Carly? Carly, the property manager for several large apartment complexes, would like to control her tenant base just like Mrs. Murphy does. Why is Mrs. Murphy allowed to discriminate, when Carly isn't?

Mrs. Murphy lives in the property, which has fewer than four rental units. If Mrs. Murphy had five units to rent instead of one, she wouldn't be exempt. This is a very limited exemption and requires the owner to live on the property, which is occupied, or intended to be occupied, by no more than four families.

Which agency is charged with enforcing fair housing laws and holding all parties accountable for compliance with these laws and regulations?

Office of Fair Housing and Equal Opportunity

"Separate but equal" is sufficient. Segregation is allowable.

Plessy vs. Ferguson

Plessy vs. Ferguson The first case is Plessy vs. Ferguson from the 1890s. This case set the stage for what would commonly be known as the " " doctrine.

Separate but equal

The Housing and Community Development Act of 1974 added which protected class to federal fair housing law?

Sex

Exemptions and Exceptions to the Rules There are a handful of exemptions to federal fair housing laws. For example, let's say Mrs. Murphy is planning to rent out a room in her home. She's very concerned about the idea of a man in her home, and she thinks a family will be too boisterous, so she wants to rent only to a single young woman. Technically, she's allowed to screen people accordingly. But even in this scenario, she can cross the line into violating fair housing laws. Which two of these actions would violate fair housing laws?

She puts an ad on Craigslist that specifies "young, single woman only." She hires a real estate agent to help find a single, white tenant. Right! Mrs. Murphy is allowed to discriminate up to a point. And you get the point!

Which Entity Enforces Fair Housing Law? Which of these groups is responsible for receiving fair housing complaints?

The Office of Fair Housing and Equal Opportunity That's right! The it Office of Fair Housing and Equal Opportunity also establishes policies to ensure equal access to housing choice and opportunity.

In what way did the Supreme Court case of Brown vs. Board of Education affect the way fair housing laws are implemented today?

The decision overturned the doctrine of "separate but equal." Brown vs. Board of Education (1954) overturned a previous court decision that allowed racial segregation on the basis of the "separate but equal" doctrine.

Which of these situations would be exempt from most provisions of the federal Fair Housing Act?

The local Elks club owns a property that's rented only to Elks club members. Housing operated by religious organizations and private clubs that limit occupancy to members are exempt from the provisions of the Fair Housing Act.

More Exemptions You're a licensee representing a client who wants to buy a condo. She'd like to buy a unit in a small complex near her work. You discover that the complex does have an available unit, and you contact the broker. You ask if you can show your client the unit, but the broker refuses, saying he can't sell to your client. Under what two circumstances would this be allowed under fair housing law?

The property is owned by a religious organization or a private club. Residency in the condo complex is restricted to members of the organization that owns the complex.

A landlord with a strict "no pets" policy won't rent to a woman who uses a service animal to assist with her epilepsy. Which of the following is a true statement about this situation?

This is discrimination based on disability.