Chapter 4 Fair Housing
Federal Fair Housing Act of 1968 can not discriminate based on
race, color, religion, or national origin
The Federal Fair Housing Amendments of 1988 added which 2 protected classes
- 1. Mental or physical handicaps (including AIDS) - 2. Familial status (family members under 18 years of age)
Exemptions to the Federal Housing Act of 1968
- Units owned by religious organization can restrict ownership to people of same religion (e.g. a convent refuses to furnish housing for a Jewish man) - Private club that is not open to the public (e.g. Harvard Club in NY restriction to allow on Harvard graduates) - rental of rooms or units is exempted in an owner-occupied one to four family dewlling
Enforceable fines for illegal discrimination (NJ LAD)
- Up to $10000 for a first offense - Up to $25000 for a second offense - Up to $50000 for subsequent offenses
Enforceable fines for illegal discrimination (HUD)
- Up to $16000 for a first violation -$42500 for a second violation within 5 years - $70000 for further violations within 7 years
Time period to file a charge for illegal discrimination
- Up to one year to file a charge with the Department of Housing and Urban Development (HUD) and HUD will investigate - Up to two years to bring a federal suit
Civil Rights Act of 1866 is unique because it
- covers ONLY the areas of race and color - provides NO exceptions - requires a federal court suit by the complainant
Good precautions against even unintentional discrimination is
- detailed record keeping on each customer - use of standard financial interview form - routine follow-up phone calls
NJ LAD protected classes
- race - creed - color - religion - national origin - ancestry - GENDER - MARITAL OR FAMILIAL STATUS - LAWFUL SOURCE OF INCOME - affectional and sexual orientation - mental or physical disability
Housing intended for older persons is exempt from the familiar status requirements if it is solely occupied by persons aged
62 years and older, or if 80% of its units are occupied by at least one person 55 or older and the housing facility or community publishes and adheres to certain certain policies and procedures
What must be given to the homeowner at the time a property is listed IMPORTANT
Attorney's General's Memorandum against discrimination
Mount Laurel I and II
Court cases covering low income housing
Injunction
Enforcement for illegal discrimination where the offender has to take action-rent to the complaining party, for example-or to refrain from taking action
Refusing to rent an apartment to a couple because they are not married violates
NJ LAD
Refusal to rent to someone because they receive public assistance violates
NJ statutes
NJ Law Against Discrimination (LAD)
New Jersey's Law governing discrimination in real estate transactions
What must all real estate offices and rental offices in large apartment complexes in NJ conspicuously display
an antidiscrimination poster - failure to display the poster is punishable by a fine of $100 or more
The NJ LAD permits
an owner-occupant of a one or two family residence to select any tenant
Where can you file complaints under the NJ LAD
at any of the offices of the attorney general
Steering
channeling home-seekers to or away from certain areas
Reverse discrimination
discrimination intended to correct past wrongdoings
Department of Housing and Urban Development (HUD)
federal agency enforcing civil rights compliance
Federal Fair Housing Act of 1968
federal law setting many protected classes; SOME EXCEPTIONS - residential property ONLY - race, color, religion, national origin = protected classes
Civil Rights Act of 1866
federal law; protected classes are race and color; NO EXCEPTIONS
What was Mount Laurel I lawsuit caused by
illegal discrimination against low income person through use of EXCLUSIONARY ZONING
Blockbusting (panic peddling)
inducing panic selling based on prejudice (by making representations regarding entry or prospective entry of minority persons into the neighborhood)
When and where must complaints be filed under the NJ LAD
must be filed with the state's attorney general within 180 days after the alleged offense and the attorney general's office investigates promptly and has 45 days to attempt conciliation
Policy of never renting to persons with prison records violates
no law
Redlining
refusal to lend in certain areas, usually inner-city - refusing to make mortgage loans or issue insurance policies in specific geographic areas without regard to the economic qualifications of the applicant
Example of something permitted under Federal Fair Housing Act
refusing to sell a home to an individual because he or she has a poor credit history
Title VIII
section of federal Civil Rights Act that covers housing
Protected class
specific group that may not be discriminated against
Attorney General's Memorandum
statement about discrimination everyone listing property must receive
Tester
undercover checker who monitors fair housing compliance
Participation in the HUD/NAR Fair Housing partnership is
voluntary