Chapter 7 Flashcards
Civil Right Act of 1966
Discrimination is never allowed whether selling, leasing or renting
Civil Rights of 1964
Specifically for housing, the law stated that all federally-funded housing must be integrated
Civil Right Act of 1968
It created the protected classes of race (already in the Civil Rights act of 1866), color, religion, and national origin.
Civil Right Act of 1968 exceptions
An owner of no more than three single family dwellings at any one time is exempt. The owner can only use these exemptions once in 24 months
Religious organizations are exempt with properties owned and operated for the benefit of their members only and not for commercial purposes, provided that membership in the religious organization is not restricted on account of race, color, or national origin.
A private club (such as the Elk’s Club) which is not open to the public is exempt if the properties that the club does own, provides lodging only for the benefit of the membership, and not for commercial purposes.
These Civil Right Act of 1968 exceptions are not applicable if
- Discriminatory advertising has been used.
2. The services of a real estate broker were used (either in renting, leasing or selling)
Other acts which are not accepted or forbidden
- Steering - directing a buyer to or away from
2. Redlining - refuse to lend or insure in certain areas
Discriminating against protected classes
Women only, no children, men only are not accepted
Civil Rights of 1988
- Added more protected classes to the 1968 Law and gave greater punishments to those who broke the law.
- The protected classes of handicap and familial status were added in 1988
- The seven protected classes became race, color, religion, national origin, sex, handicap and familial status.
Civil Rights of 1988
Remember, that as of 1988, there are Seven Protected 1. Classes:
- Race
- Religion
- Color
- National Origin
- Sex
- Handicap
- Familial Status
Groups Not Covered by Federal Fair Housing
These are age, marital status, and occupation.
Deposits and Advanced Rents
- Money is placed in a non-interest bearing account and not commingled with other funds.
- Money is placed in an interest-bearing account with the interest to be paid to the tenant at a rate of 75% of any annualized annual interest or 5% at the option of the landlord.
- A surety bond is posted in the county to the clerk of the circuit court where the property is located for the total amount of the money given in rents and deposits or $50,000 whichever is less and the tenant is paid 5% interest per year simple interest. This method allows for commingling of funds.
Upon completion of the rental period
the landlord has 15 days to return the deposits unless the landlord wishes to make a claim on the money, then he has 30 days to make a claim after the tenant vacates the property
Timeframe for notice when tenancy is for time shown
When the tenancy is from year to year, notice not less than 60 days prior to the end of any annual period;
When the tenancy is from quarter to quarter, notice not less than 30 days prior to the end of any quarterly period;
When the tenancy is from month to month, notice not less than 15 days prior to the end of any monthly period; and
When the tenancy is from week to week, notice not less than 7 days prior to the end of any weekly period.
Terminal of Rental Agreement by the tenant
The tenant must give written notice to the landlord citing noncompliance and the intent to vacate if the situation is not corrected.
The landlord has 7 days to correct the situation.
If the landlord does not remedy the situation in 7 days; the tenant is entitled to terminate the agreement.
Termination of Rental Agreement by the landlord
Landlord must give written notice demanding rent within three days or possession of the property.
If rent is not paid in the proper time frame, the landlord must use formal eviction to evict tenant.
If possession is given; the landlord must give written notice of the security deposit or advance rent.
