1: Federal Fair Housing Laws

What were the Reconstruction/Civil War Amendments to the constitution?

13th- abolished slavery 14th- guaranteed equal protection of law 15th-all races can vote

Which of the following property transactions would most likely be exempt from federal fair housing laws (assuming that no real estate licensee was involved) A.-A six unit apartment owned by a church that will rent only to members of its faith B.-The owner-occupant of a four unit building who refuses to rent to families with children C.-A single-family home being sold by the owner who advertises "no African American families" D.-A Cooperative building that will sell units only to persons who are at least 62 years old E.-A woman looking for a roommate but only once other women

A, B, D, & E.

Which supreme court ruling overturn the concept of "separate but equal?"

Brown v board of education

supreme court ruled individuals have right to "acquire, enjoy, and dispose of his property, which is guaranteed in equal measure to all citizens" Many people interpreted this ruling to be for government actions, not private actions, which allowed private restrictive covenants.

Buchanan v warley

Which building(s) are exempt under the title III of the Americans with disabilities act? -elks club -historical buildings -Presbyterian church -state capitol building

Elks club, historical buildings, Presbyterian church. Places of worship, private clubs, and historical buildings are exempt. However, historical buildings must still comply with the "maximum extent feasible". Although civil penalties may not be assessed in cases against state or local government, there is no exemption for these facilities.

Series of acts extended to the civil rights act of 1866 and identified additional protected classes

Fair Housing Act

True or false. Helen, a licensee with beach town realty, is selling her own home through the local newspaper. She decides that she does not want to sell to anyone of the Muslim faith. Because she is selling her own home, she is exempt from the fair housing laws.

False. Helen is not exempt from the fair housing laws just because the home to be sold as hers. Licensees must follow fair housing laws at all times.

True or false: an individual who has aids is NOT protected under the disability clause of the federal fair housing act

False. Individuals who have any psychological disorder or condition, such as aids or HIV, are considered disabled on the federal fair housing act

True or false: The fair housing act requires landlords to make reasonable modifications to a dwelling or a common use area at their expense, to accommodate tenants with disabilities

False. Landlords must allow tenants with disabilities to make a reasonable modifications to a property at the TENANT'S expense

True or false: It is legal for a landlord of a suburban apartment complex to ask a 57 year old prospective tenant "does your grandson live with you?"

False. This would be discrimination based on familial status. The apartment complex must meet the specific criteria highlighted regarding older persons for the familial status exception to apply.

True or false: The civil rights act of 1866 post the first major legislation to address equal rights and housing by prohibiting discrimination based on color and religion

False. wow this was the first major act to address discrimination in housing, the civil rights act of 1866 addressed only racial discrimination. It did not address religion.

Mrs. Thomas Owns a duplex. She lives in one unit and rents the other. She tells Mr. fog that she won't rent to him because he has a child. Assuming no real estate broker or discriminatory advertising was involved, with Miss Thomas be in violation of the fair housing act? -yes because familial status is a protected class -no because she meets the criteria to be exempt

No, because she meets the criteria to be exempt. She could refuse to rent her unit to Mr. Fong because he has a child, under the Miss Murphy exemption, but not of her reason for refusing him was because he is of Asian ancestry.

The owner of a four unit apartment building lives in one of the four units. Can the owner discriminate based on race?

No, race is never an exception

A tenant with a disability once a wheelchair ramp built in at the entrance to an older apartment building and ask the landlord's permission. The tenant agrees to cover all costs and will have the ramp removed at his own expense when he leaves. The owner thinks the ramp for detract from the building appearance and declines the request. Is this legal?

No. It is not legal for an owner to prohibit a wheelchair ramp from being constructed on the property. A landlord may not refuse to let a renter make reasonable modifications to the housing unit or common areas at the tenants expense if such modifications are necessary for a person with a disability to use the housing.

Jane is a black female graduate student. A landlord refuses to rent a room in an all male off campus house with common areas to her because she is female. Did the landlord violate the 1866 Federal civil rights act?

No. The 1866 federal civil rights act protects discrimination based on race. Gender is not a protected class under this law.

What situation is exempt from fair housing provisions (housing operated by organizations)?

Noncommercial transactions, religious organizations, and nonprofit organizations may limit occupancy to or give preference to their own members

What situation is exempt from fair housing provisions (owner-occupied buildings)? "Mrs. Murphy Exemption"

Owner-occupied dwelling with no more than four independent units where the owner lives in a unit

A licensee is taking a listing, and the seller states that he wishes only sell to members of a particular race. Of these options, what do you think would be the licensee's best response? -comply with the seller's list -refuse to take the listing -take the listing but ignore the seller's request

Refuse to take the listing

Which of the following describes the Supreme Court decision in Plessy v ferguson? -A court may not constitutionally enforce a restrictive covenant which prevents people of certain race from owning or occupying property -A person who is addicted to alcohol is considered to be disabled and is therefore a member of a protected class -racial discrimination is prohibited by any party in the sale or rental of real estate -The court ruled in favor of a separate but equal doctrine of legalized racial segregation

The court ruled in favor of a separate but equal doctrine of legalized racial segregation.

Which act defined familial status as a protected class? -civil rights act of 1866 -Title VIII of the civil rights act of 1968 -The housing and community act of 1974 -The fair housing amendments act of 1988

The fair housing amendments act of 1988

Which ruling by the Supreme Court of the United States upheld the civil rights act of 1866, confirming that one can never discriminate on the basis of race or color? -brown vs board of education -Buchanan vs warley -jones vs Alfred h Mayer co -plessy vs ferguson

The jones v Alfred h Mayer co prohibits any racially based discrimination in housing

What situation is exempt from fair housing provisions (operated by private clubs)?

These groups may limit rental or occupancy to or give preference to their own members

Areas addressed in the Americans with Disabilities Act amendments

Title I-Employment Title II-Public Services Title III-Public accomidations Title IV-Telecommunications Title V-Miscellaneous Provisions

True or False: The civil rights act of 1866 protects both real and personal property.

True

True or false: exemptions to the federal fair housing act NEVER apply in a transaction that involves a real estate license

True

True or false: A woman renting a room in the house in which he lives can legally discriminate against men

True. Fair housing laws do not apply to the rental of a room in the owners personal residence as long as no real estate broker is used.

True or false: The civil rights act of 1866 prohibits racial discrimination in all property transactions

True. Prohibits racial discrimination in all property transactions including real or personal, residential or commercial, or improved or unimproved

Let's say you have a buyer client who confide in you that he's an alcoholic. Would you be in violation of the federal fair housing act if you showed him only properties that did not have a bar or tavern in close proximity? -yes because you're limiting the choices of someone with a disability -no because alcoholism it's not a protected class

Yes because you're limiting the choices of someone with a disability. Alcoholism falls under the definition of disabled according to the fair housing act. Unless the client made that specific request, you would be violating for housing laws by limiting his choices, assuming you knew what he wanted or needed. Always let the client tell you what they want.

Violet, who is six months pregnant, tries to rent an apartment in a six unit building with access to a shared swimming pool. The property manager rejects replication citing insurance liability concerns of having small children in the building. Does his refusal violate the federal fair housing act? -no, because safety is a little German reason for rejecting a rental applicant -no, because residential buildings with six units or less are exempt from the federal fair housing act -no, because the federal fair housing act doesn't apply to discrimination by real estate brokers -yes, because Discrimination based on familial status was a factor in the manager's decision

Yes, because discrimination based on familial status was a factor in the managers decision. A Woman who is pregnant is considered part of the familial status protected class. Unless the exemption criteria are met, is unlawful to discriminate based on the fact that Violet will soon have a child living with her.

Under the federal fair housing act, can a landlord refuse to rent an apartment to an unmarried couple?

Yes- marital status is not a federally protected class.

Marian turned 65 in May. She has full custody of her 15 year old grandson. She wants to move into Hometown village, a state operated condominium community specifically designed specifically for persons 65 and older, because it is close to the private school that her grandson attends. Is it lawful to ask Marian: "Will your grandson be living with you?"

Yes- the situation falls under a familial status exception. Because it is a state-operated housing community specifically designed to assist older persons, the subject of familial status may be legally questioned and she may be legally refused.

If Mrs. Thomas indicates in her ad, "quiet unit, no children," do you think she would be in violation of the fair housing act?

Yes. Discriminatory language in advertisement is always prohibited, even if she otherwise meets the exemption criteria.

Mrs. Thomas indicates in her ad, "smokers need not apply." Do you think she is in violation of the fair housing act?

Yes. While "smokers" are not a protected class, Miss Thomas has written an ad that excludes specific people, which could cause problems for her. A better solution would be to focus on the activity not the person for example "no smoking allowed on the premises".

What situation is exempt from fair housing provisions (single-family home)?

a single-family home sold or rented by a private owner provided that the owner owns no more than three such homes at one time

Civil rights act of 1866

allowed all citizens to get real and personal property. prohibited racial discrimination in all property transactions.

supreme court ruled separate educational facilities were unequal and violated the due protection clause of constitution (14th amendment)

brown v board of education

Which of these specific protected classes under the federal fair housing act and it's 1974 and 1988 amendments? -age -familial status -marital status -religion -sexual orientation

familial status and religion

1968 Fair Housing Act

first meaningful legislation to address discrimination in the sale and rental of housing (added religion and national origin to protected classes)

supreme court made a landmark ruling that upheld the 1866 civil rights act that prohibits racial discrimination by state and by any private organization. This case ruled that race is a protected class with no exceptions.

jones v alfred h. mayer co.

supreme court ruled that segregation public places facilities were legal as long as the facilites were "seperate but equal"

plessy v ferguson

1988 Fair Housing Amendments Act

prohibited discrimination based on disability or familial status

1974 Housing and Community Development Act

reinforced the Fair Housing Act by adding sex/gender to the list of protected classes

supreme court ruled that private restrictive covenants were unconstitutional but legal, and a govt action couldn't enforce it

shelley v kraemer