Ch 10: Special Issues - Discrimination & Choice of Law Flashcards
(12 cards)
The Fair Housing Act (FHA)
prohibits discrimination in the sale, rental, and financing of dwellings (homes, apartments, etc); also prohibits advertising that states a discriminatory preference
Who is covered by the FHA?
Primary focus is on multi family residential housing
Who is not covered by the FHA?
3 exemptions:
- Single family housing that is sold or rented w/o a broker
- Owner occupied buildings with four or fewer living units
- Religious organizations and private clubs
Who is protected under the FHA?
Protected traits include race, color, religion, national origin, sex, disability, and familial status
Familial status under protected traits means?
families that have children under 18 or someone is pregnant (there are special exemptions for senior living)
Disability provision in the FHA mandates?
reasonable accommodations for persons with disabilities
What is prohibited under FHA?
- Refusing to rent, sell, or finance
- Requiring different rents
- Falsely denying that a unit is available
- Providing different services to facilities
- Stating a discriminatory preference in an ad
FHA allows for both _____ and ______ cases
Intent (disparate treatment) and effect (disparate impact) cases
There has to be a link between _____ and _____ in FHA?
Prohibited behavior must be linked to the protected class
What is the basic rule for conflict of laws
In cases about property, the controlling law is based upon where the property is located
When do we care about conflict of laws?
In many testable issues like: foreclosure, land contract dispute, equitable interests, intestate successtion, interpreting conveyances
When do you ignore conflict of laws?
If the instrument in question designates an applicable jurisdiction; in cases involving marriage; in mortgage cases where the mortgage documents require repayment to be made in another state
