Level 7
Familial status
As for familial status, the federal Fair Housing Act protects families who have children under 18. This protection also covers pregnant women and people in the process of obtaining legal custody of a child.
Civil Action
As mentioned, the complainant has two years to file a civil suit directly with the federal court. A complainant can also file a civil suit after conciliation. Burden of proof is on the person making the complaint
FHAP
FHAP is funding provided by HUD to state and local agencies that enforce fair housing laws that HUD has determined to be substantially equivalent to the federal Fair Housing Act.
FHIP
FHIP can be broken down into four initiatives. These initiatives provide funding for fair housing organizations and other nonprofits that assist people who believe they have been victims of housing discrimination.
Blockbusting
Blockbusting is the illegal practice of causing owners to sell their homes by creating fear that members of a protected class are moving into the area. (Panic peddling) In history when Black people started buying in certain neighborhoods this has lead to white people sold their homes, usually below market value, and moved farther out into the county. This was known as white flight.
Public Accommodations Affected Businesses
Businesses with 15 or more employees Any facilities or offices affiliated with state or local government Public and private schools Hospitals and dental offices Restaurants Hotels and motels Grocery and retail stores Shopping malls Libraries and museums Banks Theaters Amusement and recreation parks
HUD
Department of Housing and Urban Development (HUD) enforces the Fair Housing Act Offices and Programs include: The Fair Housing and Equal Opportunity Office (FHEO) The Fair Housing Assistance Program (FHAP) The Fair Housing Initiatives Program (FHIP)
Property Report
Developers of 25 or more lots must provide the prospective purchaser with a property report before they sign the contract. A property report is a document that contains all essential information about the property, such as distance over paved roads to nearby communities, number of homes currently occupied, soil conditions affecting foundations and septic systems, type of title a buyer will receive, and existence of liens.
Equal Credit Opportunity Act of 1974 (ECOA)
Fair lending act
Home Owners' Loan Corporation (HOLC)
HOLC maps like this get passed down through the lifetime of various banks. The maps become self-fulfilling prophesies, as these "hazardous" neighborhoods—"redlined" ones—are not invested in. This, in turn, feeds white flight and racial segregation. Later, housing programs like the VA and FHA use these neighborhood classifications to decide whom to give home loans.
Protected Classes under the Fair Housing Act
Race Color Religion National origin Sex (amended to include in 1974) Disability (amended to include in 1988) Familial status (amended to include in 1988)
FHEO
The FHEO implements and enforces the Fair Housing Act and other civil rights laws, manages the Fair Housing Assistance Program (FHAP), works with other government agencies on fair housing issues, interprets policy, and processes complaints, among many other things.
Fair Housing Act vs. ADA
The Fair Housing Act covers multiple protected classes, including disability. ADA covers only disability. The Fair Housing Act applies to residential dwellings. ADA applies to employment, public accommodations and commercial facilities, public transportation, and telecommunications. The Fair Housing Act includes both service animals and emotional support animals as reasonable accommodations. ADA only includes service animals.
Fair Housing Act and animals
The Fair Housing Act, which covers residential dwellings, provides for both service animals and emotional support animals as an accommodation.
Option 3: Surety Bond
The bond should be: In the total amount of the security deposits and advance rent the landlord holds on behalf of the tenants, or In the amount of $50,000 If landlord owns in 5+ counties The bond must be: In the total amount of the security deposit or advance rent held on behalf of tenants, or In the amount of $250,000 Pays tenants back 5%, simple interest
Civil Rights Act of 1968
Title VIII of this Act, also known as the Fair Housing Act, prohibited discrimination in real estate practices. This Act says it is unlawful to refuse to sell, rent to, or negotiate with any person because of that person's inclusion in a protected class. The goal is a unitary housing market where a person's background does not restrict their access to good, fair housing.
The Florida Residential Landlord and Tenant Act
applies to the rental of a dwelling unit. It governs: Security deposits Eviction proceedings Tenant and landlord rights
Florida Americans with Disabilities Accessibility Implementation Act
similar to the ADA, as its purpose is to incorporate all of the ADA's requirements into Florida law plus 2 more: All new single-family houses, duplexes, triplexes, condominiums, and townhouses provide at least one bathroom with a door that has a 29-inch clear opening. Private clubs are NOT exempt from the Florida Americans Act. (Remember, the ADA exempts private clubs and religious organizations.)
Subdivided Land
subdivided land is simply the division of parcels of land into smaller units or lots.
Residential Accesibility
the Act requires all newly constructed multi-family dwellings of four or more units intended for first occupancy after March 13, 1991, to have certain features.
Fair Housing Amendment Act of 1988
Added disability and familia status to list of protected classes
How can a broker work to comply with the Americans with Disabilities Act?
Accomodations Removal of barriers
Modifications
A modification is usually an alteration of a structure.
Accomidations
Accommodations are typically alterations to policies.
The 4 exemptions to Fair Housing Act
Commercial transactions (non-dwelling buildings) Single-Family Residences Sold or Rented by Owner Rental of Rooms or Units in Owner-Occupied Property "Mrs. Murphy Exemption" Dwellings Belonging to Religious Organizations or Private Clubs Housing for Older Persons *Do not apply to: A real estate license holder is involved in the transaction. One of the parties is otherwise involved in the business of selling or renting.
HUD's Fair Housing Accessibility Guidelines
HUD recognized the need for clear and measurable standards to determine compliance with federal disability law. Consequently, it adopted the Fair Housing Accessibility Guidelines in 1991. Compliance with HUD's Fair Housing Accessibility Guidelines is not mandatory.
Americans with Disabilities Act
I've already mentioned it a few times, but the Americans with Disabilities Act, passed in 1990, is a federal civil rights law enacted to prohibit discrimination against and create standards for people with disabilities.
Administrative Hearing
If the case goes all the way to an administrative hearing, HUD attorneys will litigate the case for the complainant at no charge. Then, an administrative law judge, or ALJ, will consider evidence from both the complainant and the respondent. $20,000 for a first offense $50,000 for a second violation within five years $100,000 if two or more violations occur within seven years
Rent Non-compliance
In cases of rent noncompliance, the landlord must give the tenant written notice demanding either payment of rent within three business days or else the tenant will lose possession of the premise (i.e., be evicted).
ADA Exemptions
Like the Fair Housing Act, religious organizations and private clubs are exempt from the ADA.
Landlord's Termination of Rental Agreement
Noncompliance: Get Out! The tenant will have seven days from the date that the notice is delivered to vacate the premises. noncompliance: Fix It! is not corrected within seven days from the date that the written notice is delivered, the landlord will terminate the rental agreement.
Sexual Orientation and Gender Identity
Note that the federal Fair Housing Act does NOT include sexual orientation or gender identity as a protected class. The National Association of Realtors (NAR) includes sexual orientation and gender identity as protected classes, in addition to the classes protected under the Fair Housing Act.
Redlining
One important area of discriminatory lending is redlining, which is the illegal act of a lender refusing to issue mortgages in a specific area.
Security Deposits & Advance Rents
Option 1: Separate Non-Interest-Bearing Account Option 2: Separate Interest-Bearing Account Option 3: Surety Bond
Fair Housing Act of 1968
Protect from discrimation against: Residential property owned by the government Residential property that is privately owned, if a broker is employed to sell or rent it Single-family homes that are owned by a business entity like a corporation or partnership Single-family homes sold or rented by an individual who owns four or more houses Multifamily housing that consists of five or more units Multifamily housing that consists of four or fewer units, if the owner does not live in one of the units
Marital Status
Protected under ECOA
Exemptions of The Florida Residential Landlord and Tenant Act
Residency or detention in a public or private facility that provides medical, geriatric, counseling, religious, or similar services (for instance, nursing homes, psychiatric hospitals, etc.) Occupancy under a contract of sale of a dwelling unit in which the buyer has paid at least 12 month's rent, or one month's rent and at least five percent of the purchase price (for example, rent-to-own arrangements) Transient occupancy in a condominium, motel, rooming-house, or similar public lodging, or transient occupancy in a mobile home park Occupancy by a holder of a proprietary lease in a cooperative apartment Occupancy by an owner of a condominium unit
Steering
Steering is the illegal act of guiding prospective home buyers towards or away from certain neighborhoods or areas because of their membership in a protected class.
HUD complaint process
Step 1: Client gathers info Step 2: Client contacts HUD Step 3: HUD notifies everyone involved Step 4: HUD tries to reach an agreement through Conciliation (voluntary compliance) Step 5: Administrative Hearing or Civil Action (if not conciliation can be agreed upon) 1 year to file a complaint with HUD, from the time of the alleged violation
no registration is required by CFPB and there will be no property report if
Subdivisions containing less than 25 lots Lots in a subdivision where every lot is 20 acres or more in size Lots upon which a residential, commercial, or industrial building has been erected or where a sales contract obligates the seller to build one within two years Certain lots which are sold only to residents of the state or metropolitan area in which the subdivision is located Certain low-volume sales operations (no more than 12 lots a year) Certain lots that meet certain local codes and standards and are zoned for single family residences or are limited to single family residences by enforceable codes and restrictions
2010 ADA Standards for Accessible Design
The 2010 ADA Standards for Accessible Design set minimum requirements for newly designed and constructed or altered commercial and public buildings. Don't confuse HUD's Fair Housing Accessibility Guidelines with the ADA's 2010 Standards for Accessible Design, which are mandatory.
Commercial Accesibility
The ADA requires that public accommodations and commercial facilities that are newly constructed (built after 1993) be accessible.
ADA and animals
The ADA, which covers public spaces, provides only for service animals as an accommodation.
Civil Rights Act of 1866
The Civil Rights Act of 1866 prohibited discrimination in housing based on race or color.
Civil Rights Act of 1964
The Civil Rights Act of 1964 was federal legislation that prohibited discrimination on the basis of race, color, religion, sex, and national origin. Enacted on July 2, 1964, this Act granted equal access to employment, schools, and public spaces. Public spaces include locations like hotels, motels, restaurants, movie theaters, etc.
Buyers Contract Rights
The contract should state that the buyer has a "cooling-off" period of seven days (or longer if allowed by state law) following the day that the contract is signed to cancel the contract, for any reason, by notice to the seller, and get their money back. If the developer of 25+ lots (or their sales agent) does not give the buyer a copy of the current property report before the buyer signs a contract, the buyer has up to two years to cancel the contract and get their money back. That fact must also be clearly set forth in all contracts.
Interstate Land Sales Full Disclosure Act 1968
The law requires developers engaged in the interstate sale or leasing of 100 or more lots to file a statement of record and register the subdivision with the Consumer Financial Protection Bureau (CFPB). subdivisions containing less than 25 lots are exempt from ILSA.
Jones v. Mayer (1968)
The result of this court case was that all discrimination based on race and color is illegal in the selling or renting of residential property. No exceptions!
Tenant's Termination of Rental Agreement
The tenant delivers written notice specifying the landlord's noncompliance with the lease and indicating their intention to terminate, and The landlord then fails to comply with the rental agreement within seven days after receiving the written notice.
Formal Eviction Process
The tenant has five days to file a response in defense.
Option 2: Separate Interest-Bearing Account
The tenant will receive and collect interest in an amount of: At least 75 percent of the annualized average interest rate payable on such account, or Interest at the rate of 5 percent per year, simple interest
HUD Poster
This poster is required by HUD and is a declaration from the broker that the personnel of the company will give equal treatment to all who enter the office.
HUD's equal access rule
owners or operators of HUD-assisted housing, as well as Federal Housing Administration-approved lenders, may not discriminate on the basis of sexual orientation, gender identity, or marital status in HUD housing programs.
Rental Application by a Service Member
the landlord must complete processing of a rental application submitted by a prospective tenant who is a service member within seven days after submission.
