chapter 9

For an individual filing a complaint (for fair housing), three possible venues are available:

1. administrative hearing 2. federal district court 3. private litigation

complaint referrals (in fair housing and from HUD)

If HUD has determined that a state or local agency has the same fair housing powers as HUD, HUD will refer the complaint to that agency for investigation. That agency must begin work on a complaint within 30 days, or HUD may take it back.

VAMA

Voluntary Affirmative Marketing Agreement. contract that is negotiated between HUD and national associations that represent the housing industry promote equal housing opportunities for all. signing the VAMA makes associations promote voluntary compliance with civil rights laws and project a willingness to comply with the laws EX: REALTORS, home builders, apartment managers, appraisers and real estate license commissions

For an individual filing a complaint (for fair housing), three possible venues are available: 3. private litigation

a complainant may file a suit, at the expense of the complainant, in Federal District Court or State Court within two years of an alleged allegation. If the complainant cannot afford an attorney, the court may appoint one. The complainant may bring suit even after filing a complaint if a conciliation agreement has not been signed and an ALJ has not started hearing. A court may award actual and punitive damages plus attorney's fees and costs

fundamental concept of fair-housing legislation

housing should be available to all on an equal basis, subject only to the purchasers ability to pay

For an individual filing a complaint (for fair housing), three possible venues are available: 1. administrative hearing

if a case goes to this, HUD attorneys will litigate the case, and an Administrative Law Judge (ALJ) will consider the evidence. If the ALJ decides that discrimination occurred, the respondent can be ordered: 1. to compensate for actual damages, including humiliation, pain, and suffering 2. to provide injunctive or other equitable relief, for example, to make the housing available 3. to pay Federal Government a civil penalty to vindicate the public interest 4. to pay reasonable attorney's fees and costs if there is noncompliance with the order of an ALJ, HUD may seek temporary relief, enforcement of the order or a restraining order in a United States Court of Appeals

redlining

passed to ensure that banks would serve the needs of the community in which they were chartered to do business.

A landlord must make ______ in rules, policies, practices, or services if necessary for the disabled person to use the housing.

reasonable accommodation

most common complaint under the law?

steering (channeling)

steering (aka channeling)

taking buyers or renters to or away from a particular area based on race, religion, etc.

If a Fair Housing Act violation is causing a serious problem, HUD may be able to assist the complainant as soon as a complaint is filed. HUD may authorize the Attorney General to go to court to seek temporary or preliminary relief, pending the outcome of the complaint, if:

• Irreparable harm is likely to occur without HUD's intervention. • There is substantial evidence that a violation of the Fair Housing Act occurred. A builder agrees to sell a house. However, after learning the buyer is of a certain race or nationality, the builder fails to keep the agreement. The buyer files a complaint with HUD. HUD may authorize the Attorney General to go to court to prevent a sale to any other buyer until HUD investigates the complaint.

Housing for older persons is exempt from the prohibition against familial status discrimination if:

- HUD has determined that it is specifically designed for and occupied by elderly persons under a federal, state or local government program; or - 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 percent of the occupied units and adheres to a policy that demonstrates an intent to house persons who are 55 or older.

An individual who feels that he or she has been discriminated against has options. He or she may:

- file a complaint with the Texas Workforce Commission Civil Rights Division within 365 calendar days of the alleged harm - file a complaint with HUD within one year after the last date on which the alleged discriminatory practice occurs or ends. HUD will refer the complaint to the TWC Civil Rights Division - bring a private enforcement action with the courts (state or federal district court) within two years of the alleged act. the burden of proof of discrimination lies with the person filing the complaint. Remedies include actual damages and punitive damages. Because a violation of the law is considered a civil offense, there are no criminal penalties for fair housing violations. HUD seeks mediation or conciliation, which is quicker in resolution than seeking remedy through court action - file a lawsuit with the U.S. Attorney General

when a complaint is filed with HUD, HUD will:

- notify the alleged violator of the complaint and permit that person to submit an answer - investigate the complaint and determine whether there is reasonable cause to believe the Fair Housing Act has been violated - Notify the complainant if it cannot complete an investigation within 100 days of receiving the complaint

penalties for fair housing

Judges may award both economic and non-economic damages, issue injunctions, assess attorney's fees, and assess civil penalties. There are no criminal penalties. The maximum penalty for a fair housing violation is $150,000.

what is required to demonstrate compliance with fair housing?

Placing the equal housing sign in the office window signing the Voluntary Affirmative Marketing Agreement (VAMA) having and adhering to standard office procedures for working with customers and holding regular meetings on fair housing practices are required to demonstrate compliance.

buildings read for first occupancy after March 13,1991 (and have an elevator and four or more units)

Public and common areas must be accessible to persons with disabilities. • Doors and hallways must be wide enough for wheelchairs. all units must have: • An accessible route into and through the unit. • Accessible light switches, electrical outlets, thermostats, and other environmental controls. • Reinforced bathroom walls to allow later installation of grab bars. • Kitchens and bathrooms that can be used by people in wheelchairs If a building with four or more units has no elevator and will be ready for first occupancy after March 13, 1991, these standards apply to ground-floor units.

Blockbusting (panic peddling)

any attempt to induce panic selling in a neighborhood for financial gain most common tactic: imply the entrance into the neighborhood of a new ethnic or racial group and suggest to homeowners that they sell now "while values are still high"

a conciliation agreement must protect both the ___ and the ____.

complainant and the public interest If an agreement is signed, HUD will take no further action on the complaint. However, if HUD has reasonable cause to believe that a conciliation agreement is breached, HUD will recommend that the Attorney General file suit.

Texas Fair Housing Act 1989

does not list sexual orientation or gender identity as protected classes. However, certain cities in the state, namely Austin, San Antonio, Dallas, Fort Worth, and El Paso, have local ordinances that prohibit housing discrimination based on sexual orientation and gender identity.

Fair Credit Reporting Act

governs consumer reporting agencies and those who access consumer credit reports a federal law designed to protect consumers against unfair credit reporting practices and protect credit privacy. The act governs the consumer reporting agencies and those who access consumer credit reports. The general purpose of *it* is to ensure that these agencies are fair, accurate, and exhibit confidentiality in their credit reporting methods. The law allows an individual access to his or her credit reports and the right to offer an explanation about any exceptional item in the report. The user of a consumer credit report (lender, insurance company, etc.) must notify the consumer against whom an adverse action has been taken and supply the name and address of the consumer reporting agency making the report in the following circumstances: • Whenever credit for personal, family, or household purposes is denied. • Whenever insurance for personal, family, or household purposes is denied. • Employment involving a consumer is denied. • The charge for credit or insurance is increased because of information contained in a consumer report.

For an individual filing a complaint (for fair housing), three possible venues are available: 2. Federal District Court

if the complaint or the respondent chooses to have the case decided in *here*, the Attorney General will file a suit and litigate it on behalf of the complainant. Like the ALJ, the District Court can order relief, and award actual damages, attorney's fees, and costs. In addition, the court can award punitive damages. the Attorney General may file suit in a Federal District Court if there is reasonable cause to believe a pattern or practice of housing discrimination is occurring

Unless a building or community qualifies as housing for OLDER PERSONS, it may not discriminate based on familial status. meaning?

it may not discriminate against families in which one or more children under 18 live with: -A parent -A person who has legal custody of the child or children; or -The designee of the parent or legal custodian, with the parent or legal custodian's written permission

equal credit opportunity (Act - ECOA))

passed in 1974, prohibits discrimination in lending based on race, color, religion, national origin, sex, marital status, age, or the receipt of income from a public assistance program. each credit applicant must be evaluated based on the same information as every other applicant passed in 1974, prohibits discrimination in lending based on race, color, religion, national origin, sex, marital status, age, or the receipt of income from a public assistance program.

Community Reinvestment Act

passed to ensure that banks would serve the needs of the community in which they were chartered to do business. prohibits redlining by banks

Civil Rights Act of 1866

prohibited discrimination in housing based on race or color by affording all persons in the United States the right to make and enforce contracts lawsuits under this act are filed directly in federal court

Americans with Disabilities Act (ADA)

prohibits discrimination against those with disabilities by denying them the full and equal enjoyment of goods, facilities, accommodations, services and privileges an expansive law that affects almost all public accommodations, including retail stores, real estate offices, concert venues, government buildings, professional offices, restaurants, bars, and hotels, etc. Both a tenant in a commercial space and the landlord are potentially liable for violations of the ADA. When readily achievable, the ADA requires the removal of architectural and communication barriers. Ramp installations, curb cuts in sidewalks, repositioned shelves and telephones, flashing alarm lights, marked elevator control buttons, wider doors, elimination of turnstiles, alternate paths for travel, and levered door handles for easy access are also required. Single-family homes, private clubs, historic buildings, and religious organizations are exempt from the ADA.

Federal Fair Housing Law (Title VIII of the Civil Rights Act of 1968)

prohibits discrimination based on race, color, religion and national origin. sex added as a protected class in 1974, then physical handicap and familial status in 1988.(age not protected category)

Consumer Financial Protection Bureau (CFPB)

responsible for enforcing "federal consumer financial law"-essentially, almost all existing federal laws regulating consumer financial products and service providers are under this bureau's jurisdiction. has the authority to examine and enforce consumer protection regulations for all mortgage-related businesses, large non-bank financial companies, and banks and credit unions with assets greater than $10 billion. also has the authority to oversee non-bank businesses, regardless of size, in certain markets: mortgage companies (originators, brokers, and servicers, and loan modification or foreclosure relief services), payday lenders, and private education lenders.