Chapter 5 - Fair Housing Laws

Question 1

Civil Rights Act of 1866 (Race)

Answer 1

A federal law that prohibits all discrimination on the basis of race in every state and territory.

Actually held very little importance in fixing the issue of housing.

Complaints under this statutory are taken directly to Federal Court

Question 2

Civil Rights Act of 1964 (Race Housing)

Answer 2

A law that prohibited discrimination on the basis of race, sex, color, national origin, or gender in any housing program receiving federal money.

Question 3

Fair Housing Act of 1968 (More Specific Housing)

Answer 3

A federal prohibition on discrimination in sale, rental, financing, or appraisal of housing on the basis of race, color, religion, gender, national origin, handicap, or familial status.

Was passed shortly after MLK assassination. Was actually ineffective as the enforcement was weak.

Question 4

Americans with Disabilities Act (ADA)

Answer 4

A federal law protecting the rights of individuals with physical or mental impairments.

Question 5

Steering (Buying)

Answer 5

The channeling of home seekers to a particular area, or areas, on the basis of race, religion, country of origin, or other protected class either to maintain the homogeneity of an area, or to change the character of an area in order to create a speculative situation. (Buyers)

The defendant does not have to prove intent. Could do it without realizing it

Question 6

Blockbusting (Seller)

Answer 6

The illegal practice of inducing homeowners to sell their properties by making representations regarding the entry, or prospective entry of minority persons into the neighborhood. (Sellers)

Question 7

Redlining (Financial)

Answer 7

The practice of refusing to make loans or otherwise denying financial assistance for housing in a particular area.

Question 8

Familial Status

Answer 8

Anyone younger than 18 being domiciled with a parent or other person having legal custody of such individual, or the designee of such parent or other person having such custody, with the written permission of the parent.

Question 9

Physical Impairment

Answer 9

Any medical disorder, condition, disfigurement or loss affecting one of the body systems, such as neurological, musculoskeletal, special sense organs, respiratory, cardiovascular, reproductive, digestive, genitourinary, immune, circulatory, hemic, lymphatic, skin, and endocrine.

Question 10

Mental Impairment

Answer 10

Any mental or psychological disorder, such as intellectual disability, organic brain syndrome, emotional or mental illness, and specific learning disabilities.

Question 11

Community Reinvestment Act

Question 12

Fair Housing Laws (Generally)

Answer 12

makes it illegal to sale/rent/negotiate with based on ethnicity, religion, marital status, etc..

to create an unbiased housing market. First introduced by Lyndon Johnson in 1966

Question 13

Civil Rights Act 1988

Answer 13

extended protection to families with mental and physical disabilities. Gave HUD greater enforcement power

Question 14

Housing Community and Development Act 1974

Answer 14

added protection for sex/gender

Question 15

Fair Housing Act - 7 Exemptions

Answer 15

1) Religious Organizations
2) Private Clubs
3) Occupancy Standards (# of people living in a unit)
4) Drug Convictions
5) Family Status
6) Single Family Housing
7) Mrs. Murphy’s (owner-occupied dwelling for no more than 4 families living independently from each other)

Question 16

HUD

Answer 16

the enforcer of the fair housing act laws.

Question 17

Texas Fair House Laws

Answer 17

Texas Prop Cod Ch. 301 - Allow any party to file a complaint and to look for enforcement in proceedings

Question 18

Complaints can be filed with:

Answer 18

Texas Workforce Commission, Civil Rights Division, or US Department of Housing and Urban Planning

May file within 1 year after the alleged act

Question 19

Texas Fair Housing Act 1989

Answer 19

Texas Workforce Commission has 100 days to investigate the complaint and begin the process of obtaining an agreement

If no agreement is reached, the TWFC must dismiss or file charges. If filed, the wronged party has 100 days to file for court -> if not through court then will be assigned a judge to look for a settlement

offense can range from $10-25K

Question 20

Testers

Answer 20

Volunteers from state or private agencies who enforce fair housing by claiming to be home seekers, thereby finding out if brokers deal fairly with all clients/customers.

Question 21

Texas cities that have ordinances equiv. to Federal Fair Housing Laws

Answer 21

Dallas, Fort Worth, Garland, San Antonio, Corpus Christi, Austin

Question 22

Texas Real Estate License Act

Answer 22

prohibits any type of discrimination from a licensee

Question 23

Equal Credit Opportunity Act

Answer 23

Created in 1974 - Amended in 1976

Designed to make credit available to every qualified applicant. Does not apply to an owner/seller finance

All rejected applicants must be notified in writing within a 30 day period

If applicants want reason they have to request in writing within 60 days

Question 24

Home Mortgage Disclosure Act

Answer 24

Dec 31st 1975. To provide the public w/ data to show whether lenders are serving the needs of neighborhoods

Question 25

Community Reinvestment Act 1977

Answer 25

requires that all federally regulated lenders describe the market area that they serve and that deposits must be reinvested here when ever applicable.

Institutions must post annual statements including:
- Definition of the geographical boundaries of its community
- Identify the type of reinvestment credit offered to the community
- Comments from the public about the institution’s performance in meeting the community’s needs

Question 26

The Consumer Protection Bureau (CFB)

Answer 26

regulatory responsibility for ECOA, HMDA, CRA

Question 27

Texas Workforce Commission (TWC)

Answer 27

takes complaints within 1 year of alleged harm.
Exceptions:
- located in Austin, CC, Dallas, FW, or Garland (must be filed through fair housing offices)
- not able to take it if applied through HUD

Question 28

Familial Status Exemptions

Answer 28

• owner occupied w/ no more than 4 units
• single family sold w/o broker
• clubs that limit occupancy to its members
• aged 55 or older may be exempt on the basis of familial status

Question 29

Properties built after March 31st 1991

Answer 29

must comply with the design and construction requirements of the Federal and Texas Fair Housing Act

Question 30

HUDS Complaint Process (Similar to TWC)

Answer 30

1) Intake w/ an interview of facts
2) Filing - if accepted. Has 10 days to submit a response
3) Investigation
4) Conciliation
5) No cost determination

6) IF a cause is found, will submit charges to party and a judge is assigned
7) Hearing in US District Court
8) Hearing before the HUD administrative Law judge