Level 7

A landlord receives written notice from a tenant in which the tenant states that unless the landlord fixes her air-conditioning unit (which the lease specifies that the landlord must do), the tenant will move out. How long does the landlord have to fix the air-conditioning unit before the tenant can move out without penalty?

7 days

George is a member of the United States Army. In Florida, a landlord must complete the processing of George's rental application within how many days after submission?

7 days

A landlord decides to switch from one property management firm to another. The current management company holds the tenants' security deposits and advance rents in its trust account. What does the company need to do?

Transfer funds to new company along with accounting showing records

Any person who believes that they have been injured by the discriminatory practices of a real estate license holder has one year to file a complaint with HUD.

True

Sal, who is not a real estate license holder, owns five single-family homes, which he rents out. Does he have to abide by the Fair Housing Act?

Yes, he must own 3 or fewer to be exempt

A Christian organization owns a fourplex. It wants to rent to only Christian tenants. Under the federal Fair Housing Act, is this legal?

Yes. Religious organizations which rent to tenants for residential purposes are exempt from the Fair Housing Act.

A property manager is showing a possible tenant around an apartment complex. The manager says, "I really don't think you can manage the stairs with that cane. Let's stick to just properties on the first floor, ok?" Is this discriminatory?

Yes. The property manager is steering the tenant on the basis of the tenant's disability.

Which does NOT violate the Fair Housing Act?

You can refuse a potential tenant if you feel they would put other tenants in danger. Unmedicated woman with violent behavior history.

A client says to you, "I'm not racist, but I just want to know... is this a good neighborhood?" How should you respond?

"It is the policy of our company not to answer questions of that nature. If you are concerned, you are free to do some research on your own" is a good answer, as it shows you won't answer racially discriminatory questions. You can also say, "I don't know."

A tenant has moved out of her apartment. She left the apartment in good shape, so the landlord does not intend to make any claim on the security deposit. Under the Florida Residential Landlord and Tenant Act, how long does the landlord have to return the security deposit?

15 days

Hilary asks that the property manager of her complex always call before anyone (like a maintenance worker) comes over, because she has severe anxiety around strangers. What is Hilary requesting?

An accomodation

An agent must answer every question a client asks.

An agent does not have to answer every question, especially if the question is discriminatory.

A sheriff has executed a writ of possession. What can Landlord Leila now do?

At the time the sheriff executes the writ of possession or at any time after, the landlord or their agent may remove any personal property found on the premises to or near the property line.

Betty is an agent. She is showing properties to a Jewish couple. They ask to be shown only houses near synagogues. What should Betty do?

Betty should tell them that she can't take this factor into account. She should show them properties in a range of neighborhoods that match their other specifications. She can also direct them to other resources which could inform the clients about the location of synagogues.

Blockbusting

Blockbusting is the illegal practice of causing owners to sell their homes by creating fear that members of a protected class are moving into the area.

The ADA requires that public accommodations and commercial facilities that are newly constructed be accessible. What does "newly constructed" in this case mean?

Built after 1993

Driving prospective customers around a subdivision in cars equipped with radios playing a running commentary on the lots is an example of:

Driving prospective customers around a subdivision in cars equipped with citizen band radios which provide a running commentary on lot sales in progress is considered a high-pressure sales tactic and could even be considered abusive treatment.

Lily's dog Omar is very comforting to her. He has received no special training, but just his presence makes her feel better, as Lily is autistic and can become overstimulated easily. What is Omar?

Emotional support dog

A real estate agent selling their own condo is exempt from the Fair Housing Act.

False

Sales Associate Eric collects rent from an apartment complex. He must:

Give funds to his broker by the end of the next business day

Which of the residential housing options below MUST comply with the Fair Housing Act?"

Housing for disabled residents

Landlord Ariel owns a multifamily building of 10 units. What disclosure does she need to provide?

Notice of security deposit held within 30 days of receiving it

Which is a violation of the federal Fair Housing Act?

Sexual orientation, age, and weight are not protected categories under the Act. Familial status, is, however. It is a violation of the Fair Housing Act to misrepresent the availability of property based on a protected class.

Fair Housing Prohibitions: Steering

Steering is the illegal act of guiding prospective home buyers towards or away from certain neighborhoods or areas because of their membership in a protected class. -A real estate agent advises a client to purchase homes in particular neighborhoods based on race or another protected class. -A real estate agent fails to show or inform buyers of homes that meet their specifications based on race or another protected class.

Jennifer wants to revoke her contract and receive a refund of any monies paid to date. It has been nine days since the signing of the contract. Jennifer:

The "cooling off period" is seven days after the signing of the contract.

The CFPB seeks to protect the consumer by:

The CFPB seeks to protect the consumer by assuring access to all the information needed for a sensible, unhurried land purchase.

Civil Rights Act of 1866

The Civil Rights Act of 1866 prohibited discrimination in housing based on race or color. Unfortunately, because of other racist laws and practices at the time, this Act did not make much of an impact. Still, you might think of this as the original fair housing statute.

Civil Rights Act of 1964

The Civil Rights Act of 1964 was federal legislation that prohibited discrimination on the basis of race, color, religion, sex, and national origin. Act granted equal access to employment, schools, and public spaces. Public spaces include locations like hotels, motels, restaurants, movie theaters, etc.

Who enforces the Florida Fair Housing Act?

The Florida Commission on Human Relations

A property manager is talking to Bob, who wants to rent an apartment. Bob mentions that he is autistic. The property manager thinks that dealing with an autistic individual would be too much trouble. He directs Bob to another complex, saying that the complex is better suited to Bob's "needs." Evaluate this situation.

The property manager is refusing to rent to Bob due to Bob's disability. This violates the Fair Housing Act.

When must the property report be given to the buyer?

The property report must be given to the buyer before the purchase agreement is signed.

A property manager refuses to rent to a transgender man on account of his gender identity. Under the Fair Housing Act of 1968, is this legal?

This is legal; not protected

The U.S. Census Bureau has five categories for race:

White Black or African American American Indian or Alaska Native Asian Native Hawaiian or other Pacific Islander

Elise is going out of town for two weeks on a business trip. She notifies her landlord to let him know. While she is gone, a pipe bursts in her apartment and starts flooding it. Neighbors notify the landlord. What should the landlord do?

enter the apartment to fix the pipe

A seller finds out the race of their prospective buyer, and decides to immediately pull the house off the market. What should the agent do?

must notice discrimination and report to broker

Sylvia owns a duplex and lives in one of the units. She doesn't want to rent the other unit to a man. Is she allowed to do this? Keep in mind that Sylvia is not a real estate license holder.

no sylvia must comply with FHA

The Fair Housing Act protects all of the following classes EXCEPT:

sexual orientation

An agent shows only first-floor condominiums to a family with children when there are also available units on the fifth floor. The agent is worried about the safety of the children in such a high unit. What is true of this situation?

steering within community

A landlord is showing a young couple around a multi-family building and is ready to accept their rental application. The landlord finds out the couple is pregnant and decides to rent the unit to someone else, as he fears a screaming baby will upset neighbors. The landlord is:

the landlord is violating federal fair housing regulations, as pregnancy is protected under familial status.

Landlord Ursula rents a duplex. Under the Florida Residential Landlord and Tenant Act, she must provide the tenants with:

working smoke detectors

A landlord deposits a security deposit in a separate interest-bearing Florida bank account. Is the landlord allowed to do this?

yes landlord can hold in interest bearing account

Cameron is a prospective lot purchaser. He receives the property report from the developer prior to signing the contract. Once he signs the contract, can he cancel?

yes, he can cancel until 7th day

Zoe, a property manager, is showing a pregnant woman an apartment. Zoe is nervous about the woman's ability to climb stairs and walk around, and so she gives the woman a briefer-than-normal tour. Is this discriminatory?

yes, she is providing unequal services

Marcus, who is not a real estate license holder, owns a complex which houses six families. He does not live on the premises. Does he have to abide by the Fair Housing Act?

Yes he must abide. His dwelling consist of more than 4 people.

Jones v. Mayer, 1968

-Allowed CRA of 1966 to go into effect -Black man argued that a company would not sell him a home b/c he was black. The company was discovered at fault in violation of the 13th amendment.

Redlining

-One important area of discriminatory lending is redlining, which is the illegal act of a lender refusing to issue mortgages in a specific area. -Redlining got its name because there were some areas where lenders would actually draw a line around a certain area on a map and refuse to lend to people there.

So, what real estate transactions does the Act cover? The Fair Housing Act applies to:

-Residential property owned by the government -Residential property that is privately owned, if a broker is employed to sell or rent it -Single-family homes that are owned by a business entity like a corporation or partnership -Single-family homes sold or rented by an individual who owns four or more houses -Multifamily housing that consists of five or more units -Multifamily housing that consists of four or fewer units, if the owner does not live in one of the units

Civil Rights Act of 1968

-Title VIII of this Act, also known as the Fair Housing Act, prohibited discrimination in real estate practices.

Formal Eviction Process

1 The landlord delivers notice to the tenant of their eviction. 2 If the tenant doesn't leave in the allotted time, the landlord must file a complaint for eviction in the court of the county where the dwelling is located. Typically, the sheriff's department delivers the complaint to the tenant. 3 The tenant has five days to file a response in defense. The tenant can try defend for their continued possession, in which case the courts will have render a judgement. 4 If the tenant doesn't answer the complaint but stays on the premises, the landlord must get a final judgment from the court. 5 If the judgement is in favor of the landlord, the landlord can gain possession after a 24-hour notice is posted on the dwelling. 6 At the time the sheriff executes the writ of possession or at any time after, the landlord or their agent may remove any personal property found on the premises to or near the property line. The landlord may request the sheriff to stand by to keep the peace while the landlord changes the locks and removes the personal property from the premises.

A tenant fails to pay rent. The landlord sends them written notice. The notice states that the tenant must pay rent within what timeframe to avoid getting evicted?

3 business days

Tenant Sebastian moves out. The landlord wants to make a claim against Sebastian's security deposit. From Sebastian's move-out, how long does the landlord have to make a claim on the deposit?

30 days

Who does NOT meet the criteria for disability?

Current drug users are not considered disabled under federal law. The other people in the answer choices are considered disabled.

Why do most brokerages fall within the scope of the ADA, and, therefore, must be extra careful about accessibility?

Many brokerages fall within the scope of ADA because of their location or because they have 15 or more employees.

The Fair Housing Act requires that residential buildings be accessible. What does that mean?

More specifically, the Act requires all newly constructed multi-family dwellings of four or more units intended for first occupancy after March 13, 1991, to have certain features, such as an accessible entrance on an accessible common and public use areas, doors sufficiently wide to accommodate wheelchairs, and accessible routes into and through each dwelling.

Consider the case United States v. South Bank Apartments (2004): The complaint, filed in 2003, alleged that the owner and manager of South Bank Apartments, a 48-unit apartment building in Fort Lauderdale, Florida, violated the Fair Housing Act by maintaining and enforcing a lease provision that explicitly prohibited all children under 18 from living in the complex. The defendant had to pay a total of $70,000 to four families with children and a $5,000 civil penalty to the United States. The owner was also required to inform all tenants of the agreement and to ensure that South Bank Apartment employees were trained in the relevant provisions of the Fair Housing Act. How did the defendant violate the Fair Housing Act?

The defendant violated the Fair Housing Act's provisions on familial status. Remember, the Fair Housing Act protects families who have children under 18.

A broker's real estate office will have a copy of the fair housing poster because:

The fair housing poster is required to be hung by HUD. The poster not only helps to educate agents on fair housing issues, but also shows clients that the personnel of a brokerage are committed to abiding by fair housing rules.

HUD is working with a housing provider to make reparations to a tenant whom the provider admits they discriminated against, albeit unintentionally. Currently, the mediator is drawing up a list of possible actions for the provider to take. What is this process called?

This process is called conciliation, also known as voluntary compliance.

What did the Fair Housing Amendment Act of 1988 accomplish?

added family status and disability

John is moving into a privately owned apartment complex and asks the landlord to accommodate his wheelchair. John says he needs concrete ramps to be installed around the property. The landlord says he can't afford to install ramps, but is worried that he is discriminating. What is TRUE?

not required to install due to financial burden

Alicia was discriminated against by a property manager on account of her race. She decides to pursue action through HUD. How long does she have to file a complaint with HUD, from the time of the alleged violation?

one year

A Muslim organization owns a fourplex. It wants to rent to only Muslim tenants. Under the federal Fair Housing Act, is this legal?

yes; religion is exempt by FHA