Unit 18 Quiz and terms

Parties who believe they have suffered from housing discrimination may file a complaint in federal court within

2 years from the incident. Complaints regarding housing discrimination may be filed within 2 years in federal court.

Apartments and condominiums may be exempt from the familial status provisions in the federal Fair Housing Act if at LEAST what percentage of the units in the complex are occupied by at least one person 55 or older?

80%. Discrimination based upon familial status is prohibited by the 1988 amendment to the Fair Housing Act. However, an exemption is allowed for housing designed to be 80% occupied by those age 55 and over.

Conciliation

A form of alternative dispute resolution in which a conciliator meets with each of the parties separately to help them settle their differences voluntarily, without the formality of a hearing or trial.

Americans with Disabilities Act (ADA)

Act addresses rights of individuals with disabilities in employment and public accommodations.

Which of the following is NOT a protected group under federal fair housing laws?

Age is not a federal fair housing protected class, but age is a protected category under the Equal Credit Opportunity Act (ECOA).

Housing for Older Persons Act (HOPA)

Amended the Fair Housing Act to provide that housing intended for persons aged 55 or older no longer needs to have significant facilities and services designed for the elderly.

A federal law intended to ensure disabled persons equal access to public accommodations is

Americans with Disabilities Act (ADA). The ADA goes beyond housing discrimination and is intended to provide equal access to any venue the general public has access to.

Civil Rights Act of 1866

An act that prohibits racial discrimination in the sale and rental of housing.

Fair Housing Act

As since amended, the Fair Housing Act prohibits discrimination in housing based on race, color, religion, national origin, sex, familial status, or disability.

Title VIII of the Civil Rights Act of 1968

As since amended, the Fair Housing Act prohibits discrimination in housing based on race, color, religion, national origin, sex, familial status, or disability.

Fair Housing Amendments Act

Expansion of the Fair Housing Act to include families with children and those with physical or mental disabilities.

Department of Housing and Urban Development (HUD)

Federal agency that has established rules and regulations that further interpret the practices affected by federal law; for example, HUD distributes an equal housing opportunity poster.

Fair Housing Act

The federal law that prohibits discrimination in housing based on race, color, religion, sex, disability, familial status, and national origin.

redlining

The illegal practice by a lending institution of denying loans or restricting their number for certain areas of a community.

Steering

The illegal practice of channeling home seekers to particular areas based on their race, national origin, religion, or other protected classification.

Blockbusting

The illegal practice of inducing homeowners to sell their properties by making representations regarding the entry or prospective entry of persons of a particular race or national origin into the neighborhood.

administrative law judge (ALJ)

The official who presides over a hearing involving a government agency and someone affected by a decision of that agency. The ALJ hears evidence, including the testimony of witnesses, and renders a decision.

Which of the following is NOT exempt from the federal Fair Housing Act?

a real estate licensee hired to lease vacant apartments. Real estate licensees are not exempt from the Fair Housing Act under any circumstances.

steering. Selecting properties to show based on any protected class (national origin) is prohibited. This channeling is called steering. The client may ask to be shown homes in certain areas, but the agent may not steer the client.

addiction. Addiction is considered a handicap and protected under the handicap/disability category.

An agent soliciting listings in a neighborhood by suggesting homeowners should sell due to a recent change in the race or ethnicity of the area may be practicing illegal

blockbusting. Panic selling (blockbusting) is the illegal practice of inducing owners to sell by claiming property values will decline based upon the arrival of residents of a particular race, religion, color, sex, national origin, familial status, handicap, or disability.

Owners and managers of qualified senior housing are allowed to discriminate based upon

familial status. Qualified senior housing is allowed to discriminate against families with dependent children under age 18 (familial status).

Which of the following is NOT considered a handicap and is unprotected under the Americans with Disabilities Act (ADA)?

illegal use of a controlled substance. Housing can be denied to those illegally using a controlled substance. Those using a controlled substance such as prescription painkillers prescribed by a medical professional are protected.

Fair housing laws provide for exemptions from compliance in certain circumstances. The act allows an exemption for

leasing to a large family if local housing regulations do not allow that number of occupants. A landlord may refuse to rent to families based on occupancy requirements in local housing ordinances.

Which of the following is protected by the Civil Rights Act of 1866 and the Fair Housing Act of 1968?

race. The Civil Rights Act of 1866 prohibited discrimination based upon race. The 1968 Fair Housing Act added religion, color, and national origin. Handicap, disability, and familial status were protections added in 1988.

A lender refusing to lend in an area of high crime rates might be guilty of

redlining. There is no legal redlining. Lenders are not allowed to refuse to lend based on crime rates in an area. Loans are based upon the applicant's financial qualifications.

If the principal insists that he will not sell his house to members of a certain ethnic group, the agent must

refuse to honor the request. An agent is not required to and cannot break the law at the request of a client. The agent must not discriminate. A listing contract with an illegal purpose is void.

In renting residential units, a property manager may legally

require handicapped tenants who made alterations to restore the property to its original condition upon lease termination. The tenant must be allowed to make changes, and the landlord may require that the property be returned to its original condition upon lease termination. Pregnant women and individuals with children are covered under the familial status category.

If HUD believes fair housing law has been violated, which would be the first action taken?

start an investigation. Once a complaint has been found to be legitimate, HUD will start an investigation.

A real estate salesperson is representing a couple who just arrived from Russia. The salesperson only shows them homes that are in neighborhoods with Russian immigrants and Russian-speaking merchants and services. This is

steering. Selecting properties to show based on any protected class (national origin) is prohibited. This channeling is called steering. The client may ask to be shown homes in certain areas, but the agent may not steer the client.

Which of the following is TRUE about a renter of a single-family home who has recently become disabled?

the tenant may build a ramp at the tenant's expense. The tenant must be allowed to make changes to the property at the tenant's expense. The landlord may require the tenant to return the property to its original condition upon lease termination.

Is it acceptable for an apartment building to advertise its apartments "for adults only"?

yes, if each unit is occupied by at least one person age 55 or over. Approved senior housing in which 80% of the units are occupied by at least one person age 55 or over may discriminate against families with children.