Level Seven:

Complaints must be in writing and must contain the specific information that HUD requires, such as:

- Date of the incident - Location where it happened - Name(s) of the party or parties involved - Any other pertinent details

Specifically, it is illegal for lenders to discriminate on the basis of:

- Race or color - Religion - National origin - Sex - Marital status - Age (as long as they are old enough to enter into a contract) - Receipt of income from any public assistance program - Exercising in good faith their rights under the - Consumer Credit Protection Act

A person is to be considered in the business of selling or renting if:

- That person has within the preceding 12 months participated as principal in three or more transactions involving the sale or rental of any dwelling or any interest therein. - That person has within the preceding 12 months participated as agent, other than in the sale of their own personal residence in providing sales or rental facilities or sales or rental services in two or more transactions involving the sale or rental of any dwelling or any interest therein. - That person is the owner of any dwelling that is designed for or intended for occupancy by or occupied by five or more families.

who is exempt from the fair housing laws?

1. The sale or rental of a single family residence is not bound by the Act, provided that: - The property owner does not own or own any interest in more than three single-family residences at one time. - In cases where the owner is not the most recent resident of the property being sold, that owner is only granted one exempt sale in any 24-month period. (selling their own property) 2. Rental of Rooms or Units in Owner-Occupied Property (as long as not about race, can be about children) (aka Mrs. Murphy exemption) 3. Dwellings Belonging to Religious Organizations or Private Clubs 4. housing for older persons (if...): - The housing is occupied only by persons who are 62 years of age or older. - 80% of the housing units have at least one occupant who is 55 years old or older. - The housing is provided under any state or federal program that the Secretary of Housing and Urban Development determines is designed and operated to provide assistance to the elderly.

whatre the three major functions of the Texas department of housing and community affairs?

1. develop affordable housing 2. regulate properties qualifying as affordable 3. set and enforce standards on property maintenance for affordable housing

The ADA addresses discrimination in four general areas:

1. employment 2.public transportation 3. public accommodations & commercial facilities 4. telecommunications

There are exemptions to which the Fair Housing Act does not apply.

1. religious organizations:A religious organization operating housing units for non-commercial purposes may restrict housing to people of the same faith, such as a seminary with dorms.Note: The religious org may not discriminate against people because of their race, color, or national origin. 2. private clubs:If a private club owns rental units, the club may reserve the rental units for member-only use. This exception only applies to temporary dwellings.Note: The club cannot restrict club membership due to a protected class. 3. Housing for Older Persons: "Housing for older persons" may legally have rules that prevent younger adults and families with children from joining their community. 4. Drug Use Record: Landlords can decide not to lease to potential tenants who have been convicted of using or selling illegal drugs. This exemption exists so a landlord can attempt to keep tenants out who would be interested in producing and selling drugs out of the rental property. 5. Owner Transactions: An owner's sale of their home or rental of units in their personal dwelling is exempt. To qualify for this exemption, the owner cannot own more than three houses.Note: This exemption is not valid if the owner uses the facilities or services of a real estate license holder as license holders must always adhere to the Fair Housing Act.

At what age does a child living with his or her parents no longer qualify for familial status protection under the Fair Housing Act?

18

Housing and Community Development Act:

A 1988 amendment to the Fair Housing Act that added familial status and disability to the list of protected classes

Reasonable Accommodation:

A change in rules, policies, or practices that may be necessary to afford a person with a disability an equal opportunity to use or enjoy a dwelling

Texas Department of Housing and Community Affairs:

A department that administers assigned programs on Texas housing, invests resources strategically, and develops high quality affordable housing which allows Texas communities to thrive

Americans with Disabilities Act:

A federal law enacted to remove barriers for individuals with disabilities

Fair Housing Act:

A federal law that prohibits discrimination in housing based upon race, color, religion, or national origin and was amended to include sex, disability, and familial status, a.k.a. the Fair Housing Act of 1968

Disability:

A physical or mental impairment that limits at least one major activity in someone's life

In addition to protection under the federal Fair Housing Act, individuals with disabilities are protected under the?

Americans with Disabilities Act, or the ADA.

Steering:

An illegal act of channeling buyers or tenants to certain areas, either to keep the area demographically the same or to change the demography of the area

Which was the first housing discrimination protection act?

Civil Rights Act of 1866

Home Mortgage Disclosure:

Federal act that requires lenders to disclose specific lending information, which HUD then uses to map lending patterns

Protected Classes:

Groups that are illegal to discriminate against, as defined by the Fair Housing Act

Community Reinvestment Act:

Helps commercial banks and savings associations meet the needs of borrowers in all segments of their communities, including low- and moderate-income neighborhoods Passed in 1977, the Act requires lenders to assist their local communities by participating in community development projects. The Act also says that lenders need to submit an annual statement including public comments about their attempts to help low-income communities.

Tenant Responsibility:

Landlords may require tenants to pay for modifications and may require tenants to return the property to its unmodified condition at the end of the lease.

Landlord Responsibility:

Landlords must allow tenants to make reasonable modifications so that people with disabilities can enjoy their properties.

Equal Credit Opportunity Act (ECOA):

Law prohibiting credit discrimination on the basis of race, color, religion, national origin, sex, marital status, age, or use of public assistance

does the TDHCA resolve disputes between tenants and landlords?

No

To ensure that fair housing lawsuits regarding this issue, familial status, remain reasonable, Congress passed the?

Quality Housing and Work Responsibility Act of 1998.

Equal Opportunity in Housing:

The concept that everyone will have equal access to housing with no discriminatory actions taking place

Civil Rights Act of 1866:

The first law that began to promise equal rights for all citizens regardless of race or color

Redlining:

The illegal act of a lender denying mortgages in certain areas of town

Quality Housing and Work Responsibility Act of 1998?

This act required HUD to set reasonable limitations on the number of occupants allowed in a dwelling. HUD concluded that a "two occupants per bedroom" rule — taking other factors into consideration — constitutes a good basic model.

The Civil Rights Act of 1866 grants all citizens of the United States — without exception?

a set of basic rights regardless of their race, color, or previous condition of servitude. Among the rights granted by this act are the rights to "make and enforce contracts, to sue, be parties, and give evidence, to inherit, purchase, lease, sell, hold, and convey real and personal property."

What is a protected category according to Texas fair housing laws, but not national ones?

ancestry

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

because of their location or because they have 15 or more employees

Civil Rights Act of 1968?

ended discrimination in housing (Title VIII Fair housing Act)

Conciliation?

is an attempt to resolve the issues raised by a complaint or an investigation through informal negotiations between the aggrieved person, the respondent, and the HUD Secretary.

How long does someone who believes that they have been injured by the discriminatory practices of a real estate license holder have to file a complaint with HUD?

one year

Executive Order 11063?

prohibited discrimination in the selling or leasing of property owned or funded by the federal government, including those properties relying upon Veterans Administration (VA) and Federal Housing Administration (FHA) loans.

Americans with Disabilities Act (ADA)

prohibits discrimination against people with disabilities in employment, transportation, public accommodation, communications, and governmental activities. The ADA also establishes requirements for telecommunications relay services.

whatre the 7 protected classes in the Fair Housing act?

race, color, religion, sex, national origin, disability, familial status

blockbusting?

refers to the practice of encouraging the panic selling of homes below market value, generally by raising fears that an influx of individuals belonging to a particular minority group will decrease property values in a neighborhood and affect the area negatively. aka Panic selling or blockbusting is encouraging homeowners to sell before their homes will supposedly lose value because of the entry of a protected class in the area.

Texas Property Code?

states a landlord may not prohibit or penalize a tenant for summoning police, fire, or EMS when there has been family violence.

who enforces the FHA?

the department of housing and urban development (HUD)

Civil Rights Act of 1964?

which included a prohibition against discrimination on the basis of race, color, and national origin in any program or service funded by the federal government.

Texas property code?

which includes an overview of people's basic rights as tenants in a rental property, and the Texas Fair Housing Act.