Chapter 7: Federal and State Laws Pertaining to Real Estate Flashcards Preview

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Flashcards in Chapter 7: Federal and State Laws Pertaining to Real Estate Deck (17)
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1
Q

Federal Fair Housing Laws

The ________ _______ ______ __ ____prohibits discrimination on the basis of race and was interpreted by the U.S. Supreme Court to prohibit all racial discrimination in the sale or rental of real property.

A

Civil Right Act of 1866

2
Q

Federal Fair Housing Act

The Federal Fair Housing Act is officially titled the _______ ______ _____ __ ____

A

Civil Right Act of 1968

3
Q

Federal Fair Housing Act

True or False

The Civil Right Act of 1968 expanded on the Civil Rights Act of 1866

A

True

4
Q

Federal Fair Housing Act

What does the Civil Right Act of 1968 prohibit?

A

The discrimination in the showing, negotiation, sale, rental, or financing of a dwelling when based on race, color, religion, sex, or national origin.

5
Q

Federal Fair Housing Act

What is not specifically prohibited under the 1968 Act but which may be covered under other civil rights statutes?

A

Marital status, age, and occupation

6
Q

Federal Fair Housing Act

What is blockbusting?

A

Inducing an owner to list or sell on the basis that the neighborhood is deteriorating or becoming transitional due to an influx of minorities

7
Q

Federal Fair Housing Act

What is steering or channeling?

A

directing an individual, directly or indirectly, into or away from a neighborhood or location in a multi-unit building on the basis of race, color, religion, sex, or national origin; using a sales pitch or catchword that are suggestive of race, religion, sex, or national origin

8
Q

Federal Fair Housing Act

What is redlining?

A

Refusal by a lender (or insurance company) to approve mortgage (or insurance) based on a property being located in a certain geographical area, the age of the property, the income level of the residents, or the racial composition of the area

9
Q

What is the name of the amendment that expanded the Civil Rights Act of 1968 to include handicap and family status?

A

The 1988 Fair Housing Amendment

10
Q

American with Disabilities Act (ADA)

The ADA was passed in 1990. What was its purpose?

A

Providing same employment opportunities to qualified individuals w/disabilities that are available to persons w/out disabilities

11
Q

American with Disabilities Act (ADA)

Owners of properties open to the public are required to remove barriers that ______ ______ or ___ to individual w/disabilities.

A

limit access or use

12
Q

American with Disabilities Act (ADA)

For existing properties that do not comply with the ADA, the owners are required to make necessary modifications whenever such changes are __________ __________ and __________ __________.

A

readily achievable and economically feasible

accomplished w/out much difficulty or expense

13
Q

Security Deposits and Advance Rents

What options and procedures does a landlord have for handling the security deposit and advance rent?

A
  1. Hold in a non-interest-bearing escrow account in Florida bank for tenant’s benefit; cannot commingle money
  2. Hold in an interest-bearing escrow account in Florida bank; tenant will receive 75% of the interest earned or 5% simple interest
  3. Post a surety bond w/clerk of court in the amount of money being held or $50,000 whichever is less; may commingle money under this circumstance; must pay tenant 5% simple interest annually
14
Q

Return of Security Deposit

When the tenant vacates the property, the landlord has ___ days to return the security deposit including accrued interest when there is no intention f making a claim for damages.

A

15

15
Q

Return of Security Deposit

When the tenant vacates the property, the landlord has ___ days to notify the tenant when he/she intends to make a claim for damages.

A

30

16
Q

Return of Security Deposit

Unless a tenant objects w/in ___ days after being notified by the landlord that they intend to make a claim for damages, the landlord may deduct the amount of the claim from the deposit and return the balance w/in ___ days.

A

15, 30

17
Q

Telephone Solicitation Laws

True or False

A licensee may call an owner whose name appears on a “do not call” list when representing a buyer interested in buying the property but may not use the showing in an attempt to obtain a listing.

A

True