Flashcards in CH 3 - Fair Housing Deck (19):
Equal opportunity in housing
intended to create a marketplace in which persons of similar financial means have a similar range of housing choices.
Civil Rights Act of 1866
Prohibits all racial discrimination in real estate transactions with no exceptions. Case Example where it was upheld: Jones v. Mayer (1968)
Defined by the U.S. Supreme Court to include ancestral and ethnic characteristics, including certain physical, cultural, or linguistic traits that are shared by a group with a common national origin.
Federal Fair Housing Act
It is Title VIII of the Civil Rights Act of 1968, as amended, and prohibits discrimination in housing based on race, color, national origin, religion, sex, familial status, or disability. The Fair Housing Act DOES NOT prohibit discrimination based solely on a person's citizenship status. Illegal activities include steering, blockbusting, and redlining.
The Housing and Community Development Act of 1974
This act added sex to the list of protected classes.
The Fair Housing Amendments Act of 1988
This act added disability and familial status to the protected classes.
Housing and Urban Development (HUD)
They establish rules and regulations to further clarify the law and created the Equal Housing Opportunity poster
Exemptions from the Fair Housing Act
1. rentals in owner-occupied buildings with no more than four units
2. housing operated by organizations and private clubs that limit occupancy to members
3. the sale or rental of a single-family home when fewer than three homes are owned by an individual, discriminatory advertising is not used, and a real estate professional is not involved in the transaction
The Housing for Older Persons Act of 1995 (HOPA)
This act repealed facilities and services requirements for housing intended for persons age 55 or older. The law prohibits an award of monetary damages against those who reasonably rely in good faith on property designated as housing for older persons as being exempt from familial status provisions of the Fair Housing Act.
Exemption of housing
Housing is exempt from familial status protection if it is restricted to persons age 62 or older, or if 80% of the units are occupied by persons age 55 or older
Familial status Fair Housing Extensions
Familial status extends fair housing protections to families with children, meaning a family including a woman who is pregnant or in which one or more individuals under the age of 18 live with either a parent or guardian
Laws protecting Individuals
The law doesnt protect people that use illegal drugs unless they are in a addiction recovery program.
People with disbiliaties
The law protects disabled tenants that make modifications to the property, but they must return it to the original condition upon vacating the property.
The Americans with Disabilities Act (ADA)
prohibition discrimination in employment and public accommodations. Access to facilities and services in commercial properties must be provided when reasonably achievable in existing buildings. Sometimes properties can be exempt under the coverage of federal fair housing laws
More about HUD
HUD enforces the Fair Housing Act. A complaint must be brought within one year of the alleged act of discrimination. Within 100 days of filing a complaint that is not referred by HUD to a local enforcement agency, HUD dismisses or goes forward with a charge of illegal discrimination.
the resolution of a complaint within 100 days of filing when a respondent promises to remedy any violation.
Administrative Law Judge (ALJ)
A complaint brought to HUD may be heard by an Administrative Law Judge (ALJ) with remedies that may include a fine or injunction. A civil action may be brought in federal court by the complainant within two years of the alleged discriminatory act. The attorney general may bring a civil action in federal court.
Complaints under the Civil Rights Act of 1866
Go directly to Federal Court