Chapter 20 real estate
To avoid visitors tramping in at odd hours of the night, she only rents to single men if they are Christian. This is two-fold discrimination, based on______________ since it only applies to men, and based on _____________, since she is showing a preference for Christians.
sex and religion
What's the term for the illegal practice of nudging buyers away from or toward a specific area based on the presence or absence of protected class members?
steering
what is this an example of? When working with African-American clients, Nancy makes an effort to show them homes in primarily African-American communities.
steering
steering
steers people to or away from specific neighborhoods
blockbusting.
talking to her neighbors and convincing them to sell because a minority group was moving in
In 1988, _______________________ act extended the federally protected classes to include familial status and disability.
the Fair Housing Amendments Act
what act added sex to the list of protected classes in 1974?
the housing and community develoment act
what act provided exceptions for housing designed specifically for seniors.?
the housing for older persons act of 1995
Which of these groups is responsible for receiving fair housing complaints?
the office of fair housing and equal opportunity
respondent
the one who the complaint is against
when there are differences bw federal fair housing act and the TN fair housing law which one do you follow?
the state law
who are the THRC (TN human rights commission) appointed by?
the state's speaker of the house, the speaker of the senate, and by the governor
Cara, the property manager, greets Lee and her daughter warmly. She proceeds to show Lee two units that are available, both on the ground floor of the two-story building. Lee likes the size of the units, and they are both clean and functional. They're in her price range, as well. But she'd feel safer on the second floor. She asks Cara, "Are there any units on the second floor available? That would be my preference." "No," Cara says politely. "These are the only two that will be available for some time." As they walk toward the management office, Lee notices a couple carrying boxes downstairs to their car. They're clearly moving out of an upstairs unit. If Cara has lied about the upstairs apartment being available, is this a violation of the Fair Housing Act?
yes
Brown vs. Board of Education
"Separate but equal" is not really equal. Segregation in public schools is unconstitutional.
settlement
-The complainant or respondent can propose this at any time during an investigation. - This is offered if the commissions finds reasonable cause for discrimination.
What are the three options a respondent can choose from to respond to complaint?
1. accept offer of meditation described in letter 2. accept offer of conciliation described in letter 3. settlement = submit a position statement describing responders version of events which leads to a investigation to be moved forward
A tenant in Memphis files a fair housing complaint. Her complaint states that she's been discriminated against on the basis of her creed. Which of the following statements is true?
Creed as a protected class hasn't been legally defined yet in Tennessee.
Which answer describes what Rachel needs to do to start the complaint process with the THRC?
Visit the THRC website and complete a formal complaint form. (must sign it and submit the hard copy to the THRC.)
Your client submits an application to rent a condo unit. He has excellent credit and has had the same job for a long time. He uses a cane to help with his mobility. When his application is rejected, he feels it's due to his disability. He is protected under the _______.
fair housing amendments act of 1988
Cara knows sound travels easily in her buildings, so she encourages anyone with kids to rent a ground floor unit. This is discrimination based on __________________
familial status
is meant to prevent housing discrimination against those in any of the seven protected classes. & is to protect buyers' (and renters') rights to seek a home that meets their needs in the area of their choice.
federal fair housing act
what was created to prevent unlawful discrimination and to prevent injustice and damage & is meant to prevent housing discrimination against those in any of the seven protected classes.
federal fair housing act
Prior to the _______, there was no legal protection for women who endured sexual harassment from landlords and sellers when they attempted to obtain housing.
housing and community develoment act of 1974
Which of these is the most ethical reason to comply with fair housing laws?
it shows the societal strength in diversity
what type of discrimination? Cara avoids renting to everyone who seems to be of Middle Eastern descent.
national origin
Which of the following is prohibited under federal fair housing laws?
offering different terms, conditions or privilege based on protected class status
what type of discrimination? When prospects want to see a unit, Cara shows Hispanic families the new building and shows Asian American families the run-down building.
race
neither party agreed to conciliation or a settlement, the investigation continued until the THRC
reached a determination
In 1934, when the Federal Housing Administration was created, it adopted the practice of crossing off cities and neighborhoods it considered risky and withheld mortgage funds from those areas. What is this action called?
redlining
How would you respond if your seller makes the following request? "We've lived here 10 years and love our neighbors. They're really concerned about the changes happening to the blocks around us, so we want to be careful about who we sell this house to. You know what we mean. You'll help us find the 'right' kind of buyer, won't you?"
"It would be illegal to limit the search based on race or religion or anything like that, but I promise I'll find you the most qualified buyer I can, and we'll sell this house for the highest price possible."
Plessy vs. Ferguson
"Separate but equal" is sufficient. Segregation is allowable.
You're a licensee representing a client who wants to buy a condo. She'd like to buy a unit in a small complex near her work. You discover that the complex does have an available unit, and you contact the broker. You ask if you can show your client the unit, but the broker refuses, saying he can't sell to your client. Under what two circumstances would this be allowed under fair housing law?
1. The property is owned by a religious organization or a private club. 2. residency in the condo complex is restricted to members of the organization that owns the complex.
which act HUD enforces the portion of this act that applies to public housing, housing assistance, and housing referrals.?
Americans with Disabilities Act
how does the THRC (TN human rights commission) accomplish its mission to safeguard individuals from discrimination through enforcement and education?
It accomplishes its mission by conducting investigations into complaints of discrimination; by studying human rights policy issues; and by educating members of the public about their rights.
Buchanan v. Warley case
Laws requiring segregation in housing are unconstitutional.
Annie and George have been saving and are finally ready to purchase their first home for their family (including their two toddlers). They want to make an offer on a sweet little bungalow in a quiet neighborhood. If the sellers are represented by a real estate licensee, which situation would be a violation of fair housing laws?
Their offer is rejected because the seller knows the neighbors don't like children.
What's the primary purpose of the federal Fair Housing Act?
To protect buyers' and renters' right to have choices in housing without discriminatory limitation
Your client expresses a firm belief in the rights of animals to be treated in a way that respects their needs. You find this utterly ridiculous, and try to joke with your client about it, but the client isn't amused. You then find that this client's needs begin to take a lower priority for you than those of other clients. Which answer identifies whether your behavior could be considered discrimination under Tennessee fair housing laws?
Yes, because the client's beliefs could be defined as a creed, and you're treating that client unequally on that basis.
Which act was the first to prohibit any exceptions for discrimination based on race or color?
civil rights act of 1866
A family of four, with children ages six and nine, is denied the opportunity to view an available unit at a community that caters to seniors. Which of the following statements is true?
The federal Fair Housing Act allows an exemption for communities that are designed and operated for senior use.
complaint form must be received within____________ days for TN fair housing act
180
how long in the receiving of a complaint does the respondent have to respond?
20 days
how many members does the THRC (TN human rights commission) have and for how long do they have to serve?
9 members, 6 years
If the private individual owner doesn't own more than three single-family homes at one time, which exemption from the Fair Housing Act could apply?
Single-family housing sold or rented without the use of a broker
Regarding protected class status, a Tennessee licensee should ____
Understand what it means, but behave the same way with all clients and customers regardless of their protected class status
Title VIII of Civil Rights Act of 1968 (Federal Fair Housing Act)
prohibits housing discrimination based on race, color, national origin, and religion.
what is this an example of? A lending company denies all loans for properties south of the river because of the demographics of the are
redlining
There are a handful of exemptions to federal fair housing laws. For example, let's say Mrs. Murphy is planning to rent out a room in her home. She's very concerned about the idea of a man in her home, and she thinks a family will be too boisterous, so she wants to rent only to a single young woman. Technically, she's allowed to screen people accordingly. But even in this scenario, she can cross the line into violating fair housing laws. Which two of these actions would violate fair housing laws?
- she puts an ad on craiglists that specifies "young, single woman only" - she hires a real estate agent to help find a single, white tenant
TN human rights commission (THRC)
- the agency responsible for enforcing fair housing laws - mission is to safeguard individuals from discrimination through enforcement and education - oversees the state's execution of federal laws prohibiting discrimination, not just in housing but also in public accommodations and in employment - makes sure that the state has legislation that supports and expands, as needed, on federal civil right laws
mediation
-Mediation is an option for resolving a complaint, but must be used within 45 days of the complaint being filed. - led by a trained, neutral mediator, and is offered free of charge. - Discussions during mediation remain confidential. - if can agree case is closed - if can't its ruled an impasse
creed
-subsets or sects of religions are considered creeds. For example, a landlord who was Jewish and welcomed Jewish tenants may yet discriminate based on creed if the landlord refused to rent to Hasidic Jews. - creed is also dened as a set of moral or ethical beliefs that guides a person or group's actions, and is not necessarily tied to religion. For example, in 1918, the House of Representatives passed a resolution called "The American's Creed," which describes a political faith and commitment to the U.S., but has no religious contex
conciliaton
-the THRC investigator will convey offers and counter-offers between the complainant and the respondent to agree upon a resolution. -If conciliation is successful, the case is closed. -If conciliation is unsuccessful, the investigator continues with the investigation until the commission reaches a determination.
how many years do you have to submit a complaint before its too late?
1 year
what should you try to do when advertising with fair housing laws to avoid discrimination?
1. Focus on physical property features rather than demographics. 2.Express no preference for any sort of resident or buyer (e.g., avoid wording like "perfect for families," or "Brazilian neighborhood"). 3.Avoid targeting ads to specific demographics (aka steering).
Lee is a single woman from South Africa, living and working in the U.S. She has a two-year-old daughter. She contacts Cara, a property manager, about apartments for rent. Which four of these are Lee's rights as a prospective tenant?
1. No limitations on the units made available to her on the basis of her sex, familial status, national origin, race, color, religion, or disability 2. No differences in the terms offered with the rental on the basis of her sex, familial status, national origin, race, color, religion, or disability 3. All units that are available and within her price range will be presented for her consideration 4. An expectation that she won't be harassed or threatened if she has to proactively claim her rights as a tenant
Federal Fair Housing Law Exemptions
1. Owner-occupied dwellings with no more than four families living independently of each other(ex: Suppose an elderly widow were to rent out rooms in her home to help make ends meet. This imagined "Mrs. Murphy" is exempt from fair housing laws., but if she used the services of a real estate agent the exemption would not apply) 2. Single-family housing sold or rented without the use of a broker(This is applicable if the private individual owner does not own more than three such single-family homes at one time.) 3. Housing operated by religious organizations and private clubs that limit occupancy to members(Religious organizations are allowed to give preference to and/or restrict occupancy in non-commercial housing to individuals of the same religion, as long as the religion doesn't restrict membership based on race, color, or national origin.) 4. Housing designated for senior use: Federal law allows an exemption on the basis of familial status only for senior housing (not all protected classes). Senior housing must meet any of the following specific requirements to qualify for this exemption: -HUD has determined that the dwelling is specifically designed for and occupied by elderly persons under a federal, state, or local government program -It is occupied solely by persons who are 62 or older -It houses at least one person who is 55 or older in at least 80% of the occupied units, and adheres to a policy that demonstrates intent to house persons who are 55 or older.
consequences of violating fair housing law
1. license suspension or revocation 2. lawsuits 3. damage, fines, and attorney fees
state fair housing (Tn human rights act) 8 protected class
1. race 2. color 3.religion 4.creed 5.national origin 6.sex 7.familial status 8. disability
The Seven Federally Protected Classes
1. race (Race refers to a group of people who share common characteristics. The group is socially constructed, typically by physical characteristics, such as skin color). 2. color 3. national origin 4. religion 5. sex 6. familial status(refers to the presence of children under the age of 18 who are members of the household because of their birth or adoption, or because they have been legally placed in the household. Discrimination against this protected class includes placing limitations on the number or age of the children in the family.) 7. disabilities
covered transaction by the fair housing act
1.The sale or rental of housing or residential lots 2.the provision of real estate brokerage services 3.The appraisal of housing 4.The financing of housing 5.Advertising the sale or rental of housing
Redlining
A process by which banks draw lines on a map and refuse to lend money to purchase or improve property within the boundaries. - reviles a red line on a map where no one can get a mortgage
jones Vs Mayer case
Discrimination is prohibited, even when selling your own property.
You're attending a speech on the societal impact of fair housing and the speaker, who is an advocate for diversity in communities, begins the speech by asking who benefits from enforcement of fair housing law. Which of these is likely the answer the speaker is seeking?
Everyone, because diverse communities are stronger communities
Your client tells you to do something. It would violate fair housing laws, but it will earn you an amazing commission. What should you do?
Explain that you cannot do it, because it's a fair housing violation, and you could both get into trouble for doing what she's asked.
Chad, a landlord, made a pass at one of his tenants. She refused his advances, and her rent increased the following month. The other tenants didn't receive a rent increase. How did Chad violate fair housing law?
He created special terms for a tenant based on sex.
The National Fair Housing Alliance has voiced concerns that programs designed to address the financial and mortgage lending crisis have increased instances of ______.
segregation
The ______ enforces federal fair housing laws at the state level in Tennessee.
THRC (TN human rights commission)
the agency responsible for enforcing fair housing laws - mission is to safeguard individuals from discrimination through enforcement and education
TN human rights commission (THRC)
Plessy vs. Ferguson is important because it was the source of the doctrine that would commonly be known as "______."
separate but equal
The Housing and Community Development Act of 1974 added which protected class to federal fair housing law?
sex
Which of these statements best represents what happens after a federal fair housing complaint is made?
a fair housing specialist will review the complaint
what is this an example of ? A real estate agent approaches a homeowner as soon as a demographic shift starts to occur in her neighborhood and convinces her that she needs to sell now, or she'll never be able to sell.
blockbusting
what is this an example of? Nancy encourages residents to sell now and avoid declining house values that are likely to accompany an influx of minorities.
blockbusting
Which Supreme Court case involved a city ordinance that prohibited blacks from living on a block where the majority of the residents were white?
buchanan vs Warley
civil rights act of 1866 vs fair housing act of 1968
civil rights act = protects the rights of every U.S. citizen, with no exceptions for discrimination based on race or color. fair housing act= prohibits housing discrimination based on race, color, national origin, and religion
Renae moved to the U.S. from Nigeria and became a citizen. Which act specifically provides Renae with the right to buy, sell, convey, inherit, and possess property?
civil rights act of 1866
what type of discrimination? Cara requires a $1,000 deposit from all black South African tenants, but only $500 from all white South African tenants.
color
A strongly held system of beliefs that may or may not be a religious belief
creed
what's the difference in TN human rights act (State's fair act) from federal state fair act's protected class?
creed
Which of the following is considered illegal based on a buyer's race, color, national origin, sex, religion, familial status, or disability?
denying that a house is available for sale when it actual is
Which agency enforces Title II under the Americans with Disabilities Act of 1990, when it relates to state and local public housing, housing assistance, and housing referrals?
departments of housing and urban develoment
A landlord with a strict "no pets" policy won't rent to a woman who uses a service animal to assist with her epilepsy. Which of the following is a true statement about this situation?
discrimination based on disability
When housing discrimination occurs, studies show that the effect is to deny _______.
equal access to healthy public spaces
This act prohibits discrimination in lending by requiring lenders to give equal access to credit.
equal credit opportunity act
Which act created the Office of Fair Housing and Equal Opportunity under the Department of Housing and Urban Development?
federal fair housing act of 1968
Which Supreme Court case found that even private individuals aren't allowed to discriminate on the basis of race when selling a property?
jones vs Alfred H.Mayer Co
Lee and her daughter have lived in the apartment for about six months, and they're pretty happy there. One day, as she arrives home from picking up her daughter from daycare, she finds the landlord, Bill, standing outside her apartment. He greets her, saying, "I've just been noticing the way you've decorated your balcony with these beautiful flowers. I'd really like to spiff up the office a little. Would you be interested in keeping the office decorated with some plants? I'd give you a discount on your rent in return." Is Bill's offer a potential violation of the Fair Housing Act?
no
is this a violation of the fair housing act? Vickie's staging company works with investor clients to stage vacant properties.
no bc The federal Fair Housing Act doesn't impact third-party providers who don't engage in real estate, financing, or appraisal services, though other anti-discrimination laws prevent businesses from discriminating.
Which agency is charged with enforcing fair housing laws and holding all parties accountable for compliance with these laws and regulations?
office of fair housing and equal opportunity
