Flashcards in Chapter 4 - Fair Housing Deck (13):
Attorney General's Memorandum
Written statement about Fair Housing laws to be presented to buyers and sellers
Also known as panic peddling, the illegal practice of inducing homeowners to sell their property by making representations regarding entry or prospective entry of minority persons into the neighborhood.
Civil Rights act of 1866
Outgrowth of 14th amendment, prohibits any type of discrimination based on race or color. in 1987, the Supreme Court broadened the definition of race, implying that it may also apply to ethnic or in some cases, religious groups. No exceptions are allowed under federal law.
Department of Housing and Urban Development (HUD)
A person believed to be discriminated against has up to one year to file a charge with HUD or two years to bring a federal suit. HUD will investigate and if the department believes a discriminating act occurred or is about to occur, it may issue a charge.
Fair Housing act of 1968
Contained in Title VIII of the Civil rights act of 1968. The law provides that it is unlawful to discriminate on the basis of race, color, religion,or national origin when selling or leasing residential property. Exemptions:
- when home is owned by an individual who does not own more than three at one time and (a) a broker, salesperson or agent is not used, (b) (b) discriminatory advertising is not used (one in 24 month period).
- Rental rooms or units is exempt in an owner-occupied one-to-four family dwelling
- Dwelling is owned by a religious organizations restricted to the same religion (not on the basis of race, color or natural origin, handicap or familial status
- A private club as long as lodgings are not commercially available
Law Against Discrimination
New Jersey's law listing protected classes for fair housing practice. Originally passed in 1945 and broadened over the years, is one of the strongest laws of its kind. By 1966 it covered housing and public accommodation and applies to all real property. Protected classes include race, creed, color, religion, ancestry, gender, marital or familial status, lawful source of income, affectional and sexual orientation and mental or physical disability. Marital now includes domestic partnerships and civil unions.
Mount Laurel I and II
Developing communities have to zone for their fair share of the regional needs for low-income and moderate-income families. In 1975, the court ruled that the poor may not be excluded from residential areas. in 1983 mount Laurel II resulted in the courts providing specific guidelines for all developing communities allowing for higher density developments with a 20% set aside, zoning for mobile homes and a requirement that communities must cooperate with efforts to maintain subsidies.
Specidic group that must receive equal treatment in housing.
Illegal practice of a lending institution's denying or restricting their number for certain areas of a community.
Also referred to as benign discrimination. Housing discrimination, usually based on quotas, designed by a municipality to achieve a racial balance perceived as desirable.
The illegal practice of channelling home seekers to a particular areas for discriminatory ends.
members of civil rights and neighborhood organizations,often volunteers, who observe real estate offices to assess compliance with fair housing laws.