Chapter 7: Federal and state laws pertaining to real estate
Housing for older persons is exempt from the familial status protection under the Fair Housing Act provided what percentage of the units are occupied by one or more persons 62 years of age or older?
100% Housing for older persons is exempt from the familial status protection under the Fair Housing Act, provided all units are occupied by persons 62 years of age or older.
The Fair Housing Amendments Act includes pregnant women under "FAMILIAL STATUS"
FAMILIAL STATUS
Which entity does NOT help enforce the Fair Housing Act?
Fannie Mae Fair housing laws are enforced by the Department of Housing and Urban Development (HUD), the Department of Justice (DOJ), state and local fair housing enforcement agencies, and through private lawsuits in federal and state courts.
A prospective buyers offer is not considered because the buyer is of asian descent.
National origin
SOP The Civil Rights Act of 1866 prohibits racial discrimination in all real estate transactions without exception.
SOP The Jones v. Mayer case upheld the Civil Rights Act of 1866.
A landlord prefers to rent units to females only.
Sex
Gender (male or female). A landlord may not take into account one's gender as a condition of renting an apartment.
Sex
The Civil Rights Act of 1866 prohibits discrimination on the basis of race in residential and commercial real estate. True
The Civil Rights Act of 1866 prohibits any type of discrimination based on race in any real estate transaction (sale or rental) without exception.
The Fair Housing Act recommends the use of an equal opportunity poster that features the equal housing logo and a statement that pledges adherence to the Fair Housing Act. false
key word... recommends. The Act requires, not recommends, the use of an equal opportunity poster featuring the equal housing logo and a statement that pledges adherence to the Fair Housing Act.
Number of days to inform tenant how advance rent and security deposit are being held
30 dAYS
Number of days for landlord to notify tenant if making a claim on the deposit
30 days
Civil Rights Act of 1866 prohibits discrimination based on "RACE" in a real estate transaction.
An insurance company that denies coverage for homes in certain neighborhoods is "REDLINING"
Which housing is exempt from the familial status protection under the Fair Housing Act?
At least 80% of the units are occupied by one or more persons 55 years of age or older. Certain housing for older persons is exempt from the familial status protection under the Fair Housing Act, provided all the units are occupied by persons 62 years of age or older, or at least 80% of the units are occupied by one or more persons 55 years of age or older.
A man with albinism is refused a service because of his condition
Color
Pigmentation or shade of a person's skin. For example, a person is discriminated against because of albinism.
Color
From which source can a broker obtain a copy of the equal housing opportunity poster for a new real estate office?
Department of Housing and Urban Development
All developers must provide buyers with a property report. false
Developers of 25 or more lots must provide buyers with a property report.
Discrimination in general There are some categories of people that in some situations are considered protected classes and in other settings are not. For example, no protection is given under the Fair Housing Act to individuals based on age, occupation, marital status, or sexual orientation. However, there are federal laws that protect people based on age and marital status when seeking credit (see Equal Credit Opportunity Act, Unit 13).
Discrimintaito in genera
There are some categories of people that in some situations are considered protected classes and in other settings are not. For example, no protection is given under the Fair Housing Act to individuals based on age, occupation, marital status, or sexual orientation. However, there are federal laws that protect people based on age and marital status when seeking credit.
F Familial status R Race S Sex H Handicap status C Color R Religion N National origin
An apartment complex places tenants with small children in buildings close to the playground.
Familial status
Families with one or more children under 18 and pregnant women. For example, requiring families with young children to rent apartments only on the first floor of a midrise building.
Familial status
A person with down syndrome is not allowed to rent an apartment complex
Handicap status
Physical and mental impairments that limit major life activities. For example, refusing to allow a disabled individual to have a service animal live in the apartment.
Handicap status
The Fair Housing Amendments Act of 1988 added which protected class to the Fair Housing Act?
Handicap status In 1988, Congress amended the Fair Housing Act of 1968 to include two additional protected classes: familial status and handicap status.
Florida Fair Housing Act The objective of the Florida Fair Housing Act is to provide for fair housing throughout the state. The Florida act is similar in scope to the federal Fair Housing Act.
It is a violation of the Florida Fair Housing Act to do any of the following discriminatory acts if based on race, sex, disability, nationality, religion, color, or familial status: -Refuse to rent or sell housing -Falsely deny that housing is available for inspection, rental, or sale -Refuse to make a mortgage loan -Impose different conditions or terms on a loan -Threaten, coerce, or intimidate any individual exercising a fair housing right -Refuse reasonable changes to a dwelling to accommodate a disability
Joseph Lee Jones filed a complaint in 1965 in district court alleging that Alfred H. Mayer Company had refused to sell him a home because he was black. The famous legal case Jones v. Alfred H. Mayer Company reached the U.S. Supreme Court in 1968. The court upheld the Civil Rights Act of 1866, which prohibits all racial discrimination without exception. The Supreme Court declared that the 1866 act still applies today and that it prohibits all racial discrimination (public and private) in the sale of all real property (residential and commercial). Remember, when race is involved, no exemptions apply. This court decision allows a person who has experienced discrimination on the basis of race to sue the individuals who committed the alleged discrimination despite certain exemptions in the Civil Rights Act of 1968 (discussed later) when the discrimination is based on race.
Jones VS Mayer
Landlords of five or more units may verbally inform tenants of how tenant security deposits will be held at the time the deposits are paid to the landlord. false
Landlords of five or more units must give tenants written notice of the advance rent or security deposit either in the lease agreement or within 30 days after receipt of advance rent or security deposit.
The country of birth or from which a person's ancestors came. For example, discrimination against an individual because the individual's last name is of Greek origin.
National status
The Fair Housing Act provides protection from discrimination to individuals based on age. false
No protection is given under the Fair Housing Act to individuals based on age, occupation, marital status, or sexual orientation.
The Interstate Land Sales Full Disclosure Act allows a 10-day period to cancel the sale agreement for prospective purchasers who receive the property report before signing the purchase agreement. false
Purchasers who timely receive the property report may cancel the contract anytime before midnight of the seventh day after signing the contract.
A FSBO seller refuses to show the property to a person who is African American
Race
A family, tribe, or group of people coming from the same common ancestors. For example, a seller instructs the real estate associate to find another buyer because the buyer making an offer to purchase is African American.
Race
A real estate broker who has been hired to manage an apartment complex on behalf of the landlord must place the advance rent and security deposits into the broker's escrow account. true
Real estate brokers must abide by Chapter 475, F.S., with regard to handling deposits and advance rent. The deposits and advance rents are trust funds and, as such, must be deposited into the broker's escrow account by the end of the third business day after receipt of the trust funds.
A person is refused service because of her Hindu faith
Religion
Civil Suits Filed in Federal District Court A suit can be filed in federal district court under the 1866 Civil Rights Act or the 1968 Fair Housing Act (as amended). The Fair Housing Act allows for awards of monetary and punitive damages.
Responsibility and Liability of Real Estate Licensees HUD considers any charge of discrimination to be true unless disproved by evidence to the contrary. A person bringing a discrimination complaint against a licensee under the Fair Housing Act does not have to prove that the licensee had knowledge or intent to discriminate. The burden of proof is placed on the broker to prove no discrimination has occurred. Licensees who are charged with discrimination cannot use the defense that they did not know they were discriminating or that they did not intend to discriminate. Furthermore, the Florida Real Estate Commission may initiate an administrative proceeding against a licensee found guilty of a discriminatory act. Real estate licensees must act legally and ethically to ensure equal access to housing.
SOP The Civil Rights Act of 1968 (called the Fair Housing Act) and amendments, protects people from discrimination because of their race, color, religion, sex, handicap status, familial status, or national origin in the sale or rental of housing or residential lots. The Fair Housing Act does not protect individuals based on age, occupation, marital status, or sexual orientation.
SOP Several exemptions from the Fair Housing Act apply to individuals selling or renting their own property. However, if racial discrimination occurs, the individual is in violation of the Civil Rights Act of 1866. If a real estate licensee is involved in the transaction, the Fair Housing Act applies.
Housing for Older Persons Certain housing for older persons is exempt from the familial status protection under the Fair Housing Act, provided: all units are occupied by persons 62 years of age or older; or at least 80% of the units are occupied by one or more persons 55 years of age or older, and housing policies are published and followed that demonstrate an intent to be housing for persons 55 and older.
Special Exemptions Under the Act Housing operated by religious organizations and private clubs is exempt from the Fair Housing Act, provided the housing is not operated for commercial purposes: Religious organizations may restrict dwelling units they own or operate to members of their religion if the organization does not otherwise discriminate in accepting its membership. Private clubs may restrict rental or occupancy of its units to its members.
Discrimination in general Legal forms of discrimination are present in everyday society. Some property owners may discriminate against smokers by refusing to rent to tenants who smoke. To refuse to rent to smokers is not illegal. However, when discrimination is directed at a "protected class" that is designated under law, it is illegal. There are many characteristics and behaviors that have no protection. For example, pet ownership is not a protected class.
State and local governments may expand the classes afforded fair housing protection in their jurisdiction. Provided a state includes the seven protected classes of the federal Fair Housing Act, the state may include additional categories. If a county or a city decides to pass a fair housing ordinance, it must include the protected classes designated under its state's fair housing statute. Because protected classes for fair housing vary from jurisdiction to jurisdiction, it is important that the licensee be familiar with the laws enacted at each level of government.
ADA is a federal statute that protects the employment rights of persons with physical (but not mental) disabilities. false
The ADA is a federal statute that protects employment and accessibility rights of individuals with mental and physical disabilities.
Which statement is TRUE regarding a racial discrimination case involving commercial real estate?
The Civil Rights Act of 1866, which is enforceable today, makes racial discrimination illegal in residential and nonresidential transactions. he Civil Rights Act of 1866 prohibits any type of discrimination based on race in any real estate transaction without exception. This law is still in force today.
_________________________________ is contained in Title VIII of the Civil Rights Act of 1968. The Fair Housing Act of 1968, including amendments, prohibits discrimination on the basis of race, color, religion, sex, and national origin when selling or renting residential property. This law covers residential dwellings and apartments (single-family and multifamily), as well as vacant land acquired for the purpose of constructing residential dwellings. The act prohibits discrimination in sales, leasing, advertising sales or rentals, financing, and brokerage services.
The Fair Housing Act (Act
A real estate licensee lists a single-family dwelling. The seller owns two other single-family properties that are not listed for sale. This real estate transaction is exempt under the Fair Housing Act. FALSE
The Fair Housing Act applies to privately owned residential real estate transactions when a broker is employed to sell or rent the property.
The Fair Housing Act applies to single-family residential property and multifamily housing. Commercial property is not covered under the Fair Housing Act
The Fair Housing Act, as amended, covers the following residential real estate: -Government owned residential property. -Privately owned residential property if a broker is employed to sell or rent the property. -Single-family homes owned by a business entity (such as a development corporation or partnership). -Sale or rental of single-family property by an individual who owns four or more houses. -Multifamily housing of five or more units. -Multifamily housing of four or fewer units, if the owner does not reside in one of the units.
Equal Housing Opportunity Poster The 1988 amendment also created the equal housing opportunity poster. The poster features the equal housing logo and a statement pledging adherence to the Fair Housing Act. The poster (click here) is available without charge from the Department of Housing and Urban Development (HUD).
The poster must be displayed at real estate offices and other businesses involved in the housing industry. In the event a discrimination complaint is made against a broker, HUD considers failure to prominently display the equal housing opportunity poster in the broker's place of business as evidence of discrimination.
The sale of tenant-occupied residential property automatically terminates the lease. false
The sale of a property does not terminate a lease unless the lease specifically provides for its termination when title is transferred to a new owner.
Under ILSA, developers of 25 or more lots must provide buyers with
a property report. Developers of 25 or more lots must provide buyers with a property report before signing the sale contract.
Landlords must give reasonable notice before entering a tenant's apartment, except in emergencies. true
f the rent is current and the tenant notifies the landlord of an intended absence, the landlord may not enter the premises during the period of absence, except with the tenant's consent or in an emergency.
In 1988, Congress amended the Fair Housing Act of 1968 to include two additional protected classes:_____________ and _______________
familial status and handicap status.
The ADA's definition of public accommodation does NOT include a
private home. Public accommodations are facilities open to the public, including sales and rental establishments, hotels, restaurants, and shopping centers.
SOP The Americans with Disabilities Act (ADA) prohibits discrimination in places of public accommodation and commercial facilities such as hotels and real estate offices.
sop The Interstate Land Sales Full Disclosure Act allows a purchaser who received the required property report before signing the contract to cancel the contract within seven days. Developers must register subdivisions of 100 or more lots with the Consumer Financial Protection Bureau.
Redlining is the practice of denying loans by a lender that present different terms or conditions for homes of certain neighborhoods. True
Redlining is the practice of denying loans or insurance coverage by a lender or an insurer that present different terms or conditions for homes in certain neighborhoods.
If a landlord does not intend to make a claim on a tenant's security deposit, how long does the landlord have to return the deposit?
15 days A landlord who does not intend to make a claim on the security deposit has 15 days to return the security deposit.
One's spiritual beliefs. For example, discrimination against a person of Islamic faith.
Religion
Land developers are NOT permitted to sell or lease lots in subdivisions of 100 or more lots unless they have registered the subdivision with the Consumer Financial Protection Bureau. true
Before selling or leasing lots in subdivisions of 100 or more lots, developers first need to register the subdivision with the Consumer Financial Protection Bureau.
Prohibited Activities Discrimination against any of the protected classes in the sale or rental of housing, financing of housing, or the provision of brokerage services is illegal. It is a violation of the Fair Housing Act to do any of the following activities:
-Channel homeseekers to or away from particular neighborhoods because they are members of a protected class (commonly called steering). -Use the entry, or rumor of the entry, of a protected class into a neighborhood to persuade owners to sell (commonly called blockbusting) -Deny loans or insurance coverage by a lender or an insurer that present different terms or conditions for homes in certain neighborhoods (commonly called redlining) -Refuse to rent to, sell to, negotiate with, or deal with a member of a protected class -Quote different terms, conditions, or privileges for buying or renting -Advertise that housing is available only to people of a certain race, color, religion, sex, national origin, handicap status, or familial status -Deny membership in or use of any real estate service, broker's organization, or multiple listing service -Make false statements concerning the availability of housing for inspection, rent, or sale
Deposits and Advance Rents A security deposit is typically paid to guarantee that the property will be left in good condition. Rent in advance is also often paid (typically the last month's rent). The Landlord and Tenant Act mandates how landlords (not real estate brokers) must account for and handle tenants' deposits and advance rents. The landlord is typically the owner of a dwelling unit. When money is given to a landlord as a security deposit or advance rent, the landlord is obligated to account for such deposits in one of three ways:
1. Hold the money in a separate non-interest-bearing Florida bank account for the benefit of the tenant. The landlord may not commingle, hypothecate—that is, pledge as security for a debt—or use any such funds until the funds are due the landlord. 2. Hold the money in a separate interest-bearing Florida bank account for the benefit of the tenant. In this case, the landlord must pay the tenant at least 75% of the annualized average interest rate payable on the account or 5% per year, simple interest, whichever the landlord elects. The landlord must not commingle, hypothecate, or use any such funds until actually due the landlord. 3. Post a surety bond with the clerk of the circuit court in the county in which the rental property is located in the total amount of the security deposits and advance rents or $50,000, whichever is less. The landlord must pay the tenant interest on the security deposit or advance rent held on behalf of the tenant at the rate of 5% per year simple interest. Landlords who choose this method are not obligated to place the funds (deposits) into a separate account.
The Civil Rights Act of ________ prohibits any type of discrimination based on race in any real estate transaction (sale or rental) without exception (see Protections Under Civil Rights Acts and Fair Housing Act). This law is still in force today. A suit can be filed in a federal court under the ______ Civil Rights Act. The court may award actual (monetary) damages and punitive damages for racial discrimination.
1866. Civil Rights Act of 1866: All real estate (residential and commercial) Protected class- Race only Civil Rights Act of 1964: Public accommodations and public facilities Protected class- Race, color, religion, and national origin; Ended racial segregation Fair Housing Act (as amended): Sale or rental of single-family and multifamily residential property, including advertising sales and rentals, financing, and brokerage services. Protected class- Race, color, religion, sex, national origin, familial status, and handicap status
The Civil Rights Act of ______was landmark legislation that ended racial segregation in schools, workplaces, and public accommodations. Title II of the ______ act prohibits discrimination on the basis of race, color, religion, and national origin in places of public accommodation engaged in interstate commerce, including hotels, motels, restaurants, gas stations, and places of entertainment. Title III prohibits state and municipal governments from denying access to public facilities on the grounds of race, color, religion, or national origin (see Protections Under Civil Rights Acts and Fair Housing Act).
1964
sop The Florida Residential Landlord and Tenant Act requires landlords to (1) maintain security deposits and advance rent in a separate non-interest-bearing escrow account, (2) maintain security deposits and advance rent in a separate interest-bearing account and pay the tenant at least 75% of the annualized average interest rate payable on the account, or 5% per year, simple interest, or (3) post a surety bond for the lesser of the amount of the funds or $50,000 and pay the tenant 5% interest. If a real estate broker holds the funds on behalf of the landlord, the broker must abide by real estate license law concerning escrow funds.
A licensed sales associate collects rent from a tenant. The sales associate must -deliver the rental money to the employing broker by the end of the next business day. The answer is deliver the rental money to the employing broker by the end of the next business day. Sales associates who collect rent or deposits from a tenant must deliver the funds to their broker-employer no later than the end of the next business day.
Action Taken by the Department of Justice The Department of Justice (DOJ) may initiate a suit in federal court if there is a breach in the conciliation agreement or there is a pattern or practice of discrimination or a number of persons have been injured. Furthermore, any party may choose to have the case brought in federal district court by the DOJ. The DOJ brings suits on behalf of individuals based on referrals from HUD. After a party elects to go to federal court, the DOJ will commence a civil action on behalf of the aggrieved person in U.S. district court.
Civil Suits Filed in Federal District Court A suit can be filed in federal district court under the 1866 Civil Rights Act or the 1968 Fair Housing Act (as amended). The Fair Housing Act allows for awards of monetary and punitive damages.
Enforcement of the Fair Housing Act Fair housing laws are enforced by the Department of Housing and Urban Development (HUD), the Department of Justice (DOJ), state and local fair housing enforcement agencies, and through private lawsuits in federal and state courts.
Complaints Filed With HUD Under the Fair Housing Act A person has one year from the day the discriminatory act occurred to file a complaint with HUD. Complaints can also be initiated by HUD. HUD investigates complaints of housing discrimination and decides whether reasonable cause exists to bring a charge of discrimination. In certain cases, HUD may forward the complaint to the state fair housing agency for enforcement. The Fair Housing Act requires HUD to bring the parties together to attempt conciliation in every fair housing complaint. The choice to conciliate the complaint is voluntary on the part of both parties. Sometimes HUD is able to mediate the complaint and have the parties sign a conciliation agreement. If either party breaches the agreement, HUD can recommend that the U.S. Department of Justice (DOJ) file suit to enforce the agreement.
Under which circumstance is a landlord relieved from the requirement to place security deposits into a special rental account?
D) Landlord posts a surety bond with the clerk of the circuit court. The answer is landlord posts a surety bond with the clerk of the circuit court. If the landlord posts a surety bond with the clerk of the circuit court in the county where the rental property is located, the landlord is not obligated to place the funds into a special account. The bond must be for the total amount of the security deposits and advance rents or $50,000, whichever is less. When posting a surety bond, the landlord must pay the tenant 5% per year simple interest.
Certain residential real estate transactions are exempted under Fair Housing Act provided a real estate brokerage was not involved in the transaction and no discriminatory advertising was used to market the property: -The sale or rental of a single-family residential property, provided the seller does not own more than three dwellings, and no more than one house is sold during a two-year period in which the owner was not the most recent resident. -Rental of multifamily residential property of four or fewer units and the owner resides in one of the units.
Discriminatory advertising includes print ads, billboards, direct mail, and promotional materials such as flyers and handouts. Remember, even though the previous transactions are exempted under the Fair Housing Act, discriminatory advertising may not be used. Any advertising that implies preference against one of the protected classes is a violation of the Fair Housing Act. Furthermore, if racial discrimination occurs in any real estate transaction, the individual may be liable under the Civil Rights Act of 1866. Example: A property owner owns a four-unit multifamily dwelling. The owner lives in one of the units. The owner advertises a vacant unit for rent, stating that no children are allowed because the existing residents are all couples with no children. The owner resides in one of the units in a four-unit multifamily dwelling. The rental transaction would be exempt from the Fair Housing Act, provided the owner did not use discriminatory advertising to market the unit. Advertising that no children are allowed is discriminatory advertising against a protected class (familial status).
Today, the Fair Housing Act includes seven protected classes: race, color, religion, sex, handicap status, familial status, and national origin. The protected classes are described in detail in Fair Housing Protected Classes.
Race, color, religion, sex, handicap status, familial status, national origin
A property owner owns a four-unit multifamily dwelling. The owner lives in one of the units. The owner advertises a vacant unit for rent, stating that no children are allowed because the existing residents are all couples with no children. This transaction is exempt from the Fair Housing Act. FALSE
The rental transaction would be exempt from the Fair Housing Act, provided the owner did not use discriminatory advertising to market the unit. Advertising that no children are allowed is discriminatory advertising against a protected class (familial status).
ADA requirements apply to a real estate brokerage office located in a private residence. true
The statement is true. ADA requirements apply to private entities that own, lease, or operate commercial facilities, including real estate brokerage offices, even if the broker's office is located in a private residence.
The protected class of individuals with mental or physical impairments is "HANDICAP STATUS"
"BLOCKBUSTING" is rumor of entry of a protected class into area to persuade owners to sell.
Number of days for landlord to return security deposit if not making a claim on the deposit
15 days
Number of days for tenant to file a written objection to the landlord's claim on the deposit
15 days
The Florida Commission on Human Relations enforces the Florida Fair Housing Act. The Commission on Human Relations works cooperatively with its federal counterpart (HUD). When a case of discrimination is filed with the Commission on Human Relations, it is usually also filed with HUD. Housing discrimination complaints must be filed in writing within one year of the date the act of discrimination is alleged to have occurred. The Commission on Human Relations may institute a civil action if it is unable to obtain voluntary compliance. The court may impose up to a $10,000 fine for a first-time offense and up to $25,000 if the violator has been found guilty of a prior violation within the preceding five years.
Key Points of Civil Rights Act of 1866 and Fair Housing Act, as Amended: -Jones v. Mayer U.S. Supreme Court case upholds Civil Rights Act of 1866. -Discrimination based on race is prohibited in all real estate transactions. -Seven protected classes under Fair Housing Act, as amended. -The Fair Housing poster must be displayed at real estate offices and businesses involved in the housing industry. -Fair Housing Act applies to only residential property; commercial property is not covered by the Act. -Some real estate transactions are exempted under Fair Housing Act provided a real estate brokerage was not involved in the transaction; and no discriminatory advertising was used to market the property: -The sale or rental of a single-family residential property, provided the seller does not own more than three dwellings, and no more than one house is sold during a two-year period in which the owner was not the most recent resident. -Rental of multifamily residential property of four or fewer units and the owner resides in one of the units. -Certain housing for older persons is exempt from the familial status protection. Religious organizations may restrict dwelling units they own or operate to members of their religion, provided the organization does not discriminate in accepting its membership, and private clubs may restrict rental units to its members. -The Fair Housing Act prohibits certain activities, including steering, blockbusting, and redlining.
SOP Prohibited activities under the Fair Housing Act include refusing to rent to, sell to, negotiate with, or deal with a member of a protected class; quoting different terms or conditions for buying or renting; advertising that housing is available only to people of a certain race, color, religion, sex, national origin, handicap status, or familial status; denying membership in or use of any real estate brokerage services, brokers' organization, or MLS; and making false statements concerning the availability of housing for inspection, rent, or sale.
SOP The Fair Housing Act also prohibits blockbusting (inducing homeowners to sell their property by making misrepresentations regarding the entry of minority persons in order to cause a turnover of properties in the neighborhood); steering (channeling homeseekers to or away from particular neighborhoods because they are members of a protected class); and redlining (denying loans or insurance coverage or offering loans or insurance coverage with different terms or conditions for homes in certain neighborhoods).
.The Fair Housing Act is contained in "TITLE VIII" of the Civil Rights Act of 1968.
The Fair Housing Act prohibits discrimination based on race, color, religion, sex, and "NATIONAL ORIGIN"