Topic 3 - Federal Fair Housing Laws

1988 Fair Housing Amendments Act

Extended civil rights protection to families with children and to individuals with physical and mental handicaps.

Civil Rights Act of 1866

Guaranteed all citizens equal rights to "inherit, purchase, lease, sell, hold and convey real and personal property

Handicap status

In March of 1989 two protected classes were added to the Fair Housing Law. They were familial status and:

True

Persons with AIDS are protected uner the handicap classification.

Age and marital status.

The Equal Credit Opportunity Act prohibits discrimination in the granting of credit on the basis of race, color, national origin, religion, sex, and:

equal Credit Opportunity Act

What act prohibits discrimination on the basis of race, color, nationality, sex, marital status or age in the granting of credit?

Americans with Disabilities Act

What act requires employers to make reasonable accommodations that enable a disabled person to perform essential job functions, such as making the work site accessible, restructuring a job, providing part time or flexible work schedules and modifying equipment that is used on the job?

1964 amendment

Which amendment to the Fair Housing Act provided for more authority to enforce the laws and established maximum fines?

The Civil Rights Act of 1866

Which law prohibits any type of discrimination based on race?

A. housing intended for persons 62 years or older, or housing occupied by at least one person 55 or older per unit. B. housing in which at least 80% of the units are occupied by persons 55 or older.

Which of the following properties would be exempt from the familial status law?

Familial status and handicap were added as protected classes in _____?

1988

Cases must be heard by an ALJ or the attorney general's office.

A Claimant may choose to bring his housing discrimination case either before an Administrative Law Judge or:

Changes to Rental Unit

A tenant may make changes to their unit to accommodate their handicap. However, they must do so at their own expense and must put the unit back in its original condition when vacating.

Violence is involved.

A violation of the Fair Housing Laws is considered a misdemeanor UNLESS:

True

Additions to office staff and sales associate roster of persons of varying cultural backgrounds serves the important function of making a brokerage firm more available to a larger pool of buyers and sellers, many of whom prefer to do business with individuals from their own cultural background.

The Real Estate Commission

All of the following agencies are responsible for enforcement of the Fair Housing Laws EXCEPT:

True

All real estate sales and rental offices must display the Fair Housing pster where it can be seen by all.

Licensees

Although the laws apply to all persons, the actions of real estate professionals may be subject to a higher degree of scrutiny because of greater involvement with numbers of persons seeking to buy and sell homes.

False

Appraisers are not bound by the fair housing laws.

1972 Amendment to The Fair Housing Act

Congress amended Title VIII to institute the use of an equal opportunity poster, which is required to be displayed in all sales and rental offices in a conspicuous location.

Prohibited Practices

Denying the availability of a property that is actually in active commerce is also prohibited.

Steering

Directing members of protected classes toward or away from certain neighborhood Steering refers to channeling homeseekers to, or away from, particular areas, based on race, color, religion, sex, or nationality. It includes trying to exclude minority groups from a certain area plus trying to direct them toward minority neighborhoods. Steering is the reason for most of the fair housing complaints filed against people in the real estate business.

Blockbusting

Encouraging property owners to sell because of implied or stated infiltration of members of the protected classes This practice involves inducing panic selling for financial gain by insinuating that a minority group is moving into the area. Blockbusting, also called panic peddling, involves stating or insinuating that by minority-group invasion of the neighborhood, property values will fall.

THE SEVEN PROTECTED CLASSES

F Familial Status R Race E S Sex: Gender/Sexual Preference H Handicapped C Color O R Religion N National Origin

Familial Status

Families with children under the age of 18 living with parents of legal custodians, pregnant women, and people securing custody of children under the age of 18

Quick action.

If a complainant needs immediate help to stop a serious problem that is being caused by a Fair Housing Act violation, HUD may authorize the Attorney General to go to court to seek temporary or preliminary relief, pending the outcome of the complaint. This is known as:

How long does a compainant have in which to file a complaint?

If the complaint is filed with HUD, one year; if filed in Federal Court, 2 years.

120 days

If, after investigating a complaint, HUD finds reasonable cause to believe that discrimination occurred, it will inform the complainant. and the case will be heard in an administrative hearing within _____ days.

14th Amendment

In 1868 specifically guaranteed full citizenship and civil rights to African Americans.

The Fair Housing Amendment was passed in 1988 but became effective in 1989. It protects families with children and handicapped persons.

In March of 1989 two protected classes were added to the Fair Housing Law. They were familial status and:

in 1974, The Housing and Community Development Act add sex as a protected class.

In what year was sex/gender added to the Fair Housing Laws as a protected class?

Advertising

It is prohibited by the fair housing laws to advertise the sale or rental of residential properties in such a way that a preference, limitation or discrimination based on membership in any of the protected classes is indicated. No advertisement of property for sale or rent may include language indicating a preference or limitation.

Intent of the Law

It is therefore the intent of the fair housing laws to empower buyers to choose any home available for sale that is within their financial means.

30 days

Lenders and other creditors are required to inform all rejected credit applicants of the reasons for denying or terminating credit. Notice must be given in writing within ___ days.

Civil Rights Act of 1964

Made discrimination in public accommodations illegal Specified that discrimination against individuals based upon race, color, religion, sex or national origin were prohibited

Housing and Community Development Act

Passed in 1974, added sex to the list of personal characteristics for which discrimination was prohibited

Title VIII of the Civil Rights Act of 1968 (Fair Housing Act)

Prohibits discrimination in the sale, rental, and financing of dwellings, and in other housing-related transactions, based on race, color, national origin, religion, sex, familial status

Redlining

Redlining is refusing to make loans or issue insurance policies within certain areas that are considered to be bad risk areas, regardless of the borrower's ability to repay the loan. The Home Mortgage Disclosure Act of 1976, prohibits redlining and also sets up a monitoring procedure for lenders requiring disclosure of loan activity by neighborhood.

Equal Opportunity in Housing

The 1962 executive order prohibited all discrimination in the sale, rental, or use of all residential property owned, operated or financed by the federal government.

Equal Opportunity in Housing

The executive order which prohibited all discrimination in the sale, rental, or use of all residential property owned, operated or financed by the federal government is known as:

Conciliation

When a Fair Housing complaint is filed HUD will try to reach an agreement with the person a complaint is made against (the respondent). This process is called:

Complaints may be filed either with HUD regional office or office of the Attorney General.

Where are Fair Housing complaints filed?

ECOA prohibits discrimination based on race, color, religion, national origin, sex, marital status or age in the granting of credit. This act protects more classes of person than the Fair Housing Act. It also includes marital status and age. It also prevents lenders from discriminating against recipients of public assistance programs such as food stamps and Social Security.

Which act prohibits discrimination based on marital status and age, in addition to the other protected classes?

Equal Credit Opportunity Act

Which act prohibits discrimination based on marital status and age, in addition to the other protected classes?

1988 amendment

Which amendment to the Fair Housing Act provided for more authority to enforce the laws and established maximum fines