Flashcards in Civ Right/ Fair Housing Deck (61):
This was the first federal antidiscrimination statute to have the greatest effect on real estate transactions.
The civil rights act of 1866
This act/ law:
prohibits all racial discrimination, public or private, in the sale or rental of all real property.
Grants all citizens the same rights with regards to property.
Civil rights act of 1866
This 1896 Supreme Court ruling was in favor of "separate but equal"doctrine of legalized racial segregation.
Plessy V Ferguson
In 1917 Supreme Court ruled that A city ordinance bar in blacks from buying property in certain neighborhoods violated the 14th amendment's due protection clause and was unconstitutional. Did not address private restrictive covenant.
Declared that residential ordinances was unconstitutional.
Buchanan V Warley
In this 1948 Supreme Court case it was ruled that the court may not constitutionally enforce a "restrictive covenant" which prevents people of certain race from owning or occupied property.
Shelly V Kraemer
In this 1954 Supreme Court case it was ruled that separate but equal doctrine was in fact, unconstitutional. The Supreme Court concluded that separate but equal educational facilities were inherently unequal, ruling that segregation violated due process clause of the Constitution and overturned Plessy V Ferguson.
Brown V. Board of Education
Upheld civil rights act of 1866 ruling that race was a protected class with no exceptions.
Jones V. Alfred H Mayer Co.
This prohibits discrimination in the sale or lease of residential property for protected classes. The protected classes including race, color, sex, religion, disability, family status, and national origin.
The Fair housing act of 1968
This act also prohibits discrimination in advertising, real estate brokerage,lending, and some other services associated with residential transactions.
The federal fair housing act of 1968
This refers to households that include individuals under the age of 18 who either live with their parents or legal custodians. It is illegal to discriminate against person whose household includes one more children under the age of 18.
The Family status
Does not apply to housing for older persons
Housing that is :
•Provided under a state or federal program to assist the elderly.
•Intended for and so the occupied by persons 62 or older.
•designed to meet the physical and social needs older persons, if management publishes and follows policies and procedures demonstrating an intent to provide housing persons 55 and over, least 80% of the units occupied by at least one person 55 and older.
Housing for older persons
•A physical or mental impairment that substantially limits are curtails one or more major life activities
• addictions to a controlled substance is an exception
Encompasses the building of new family dwellings for first occupancy on or after April 1, 1991 that do not include certain accommodations such as:
•accessible common areas
•modified light switches
In dealing with their own property in noncommercial transactions, these organizations or affiliated ____ _____ may limit occupancy or give preference to their own members provided at membership is it restricted on the basis of race, color or national origin.
Religious and nonprofit organizations (exemptions)
_____ ______ with lodgings that on open to the public and I operated for a commercial purpose may limit occupancy I give preference to their own members.
Private Clubs (exemptions)
The rental of the room in the unit in the dwelling with four or more units provided that:
•The owner occupied as one unit as his or her residence
•no discriminatory advertising is used
•no real estate broker or agent is used
Owner occupied buildings(no more than four units)
This exemption is for her to as "the Mrs. Murphy exemption
Channeling prospective buyers or renters away from a specific neighborhood based on their race/religion national origin, or other protected class, to maintain or change the character of a neighbor.
Inducing or attempting to induce, for profit, any person to sell or rent property based on representations made regarding entry into the neighborhood of persons of a particular race, color, sex, religion or national origin.
Discriminating against anyone by a commercial lender and making loans for buying, building, repairing, improving, or maintaining a dwelling or in terms of such financing. Addressed with the passage of the 1977 community reinvestment act RCA
This act is administered and enforced by the department of housing and urban development, through the office of fair housing and equal opportunity.
Federal fair housing act
Is a program designed to affirmatively promote fair housing to all home seekers through a series of commitments and shared responsibilities.
Voluntary affirmative marketing agreements
Is the department responsible for enforcing federal fair housing act
The department of housing and urban development HUD
If the administrative law judge rules in favor of the complaint, the judge can:
•issue an injunction against the respondent
•Award compensatory damages to the complaintant
•Award punitive damages
If the administrative law judge ruled in favor of the complaint and the judge can impose civil penalties of:
Up to $10,000 for the first violation
Up to $25,000 for another violation within five years
Up to $50,000 for two or more violations within seven years
Up to $100,000 for a pattern of discrimination
ADA gives civil rights protection to individuals with disabilities. Guaranteed equal opportunity for individuals with disabilities and public accommodations, employment, transportation, state and local governments, and telecommunications.
Americans with disabilities act
Under this section of the ADA discrimination of disabled people in public accommodations including such places as entertainment, education, restaurants, lodging, public gathering, and sales establishments.
Essentially, this title requires that all public and commercial facilities be 100% accessible to the disabled.
Existing buildings are required to comply on what's easily accomplished without much difficulty or expense. This is called reasonable accommodation and includes such things as grab bars and showers, providing handicap parking spaces, and widening and halls.
This law applies to the sale, rental, or lease, residential and public housing, commercial property, vacant land.
New York State human rights law
What are the protected classes under New York state human rights law?
Age: those 18 or older
Marital status: people who are either married or divorced
Military status: a person's participation in the military
Sexual orientation: hetero, Homo, bi, a sexual, with the actual or perceived.
Exemptions to the human rights law:
The rental of one unit of an owner-occupied two-family residence, for example a duplex.
A rental of the room in a housing accommodations were all rooms are rented to people of the same-sex, such as a dorm.
Restriction based largely on age and familial status for housing accommodations or public housing exclusively intended for people age 62 or older.
To file a complaint with the New York State division of human rights the DHR the statute of limitations is:
One year of the alleged act.
To Bring the civil suit in the New York Supreme Court the statute of limitations is:
Within 3 years of the incident
•intended to combat blockbusting
•prohibits the solicitation of residential property listings in a defined geographic area
•applies to brokers and salespersons
•challenged by the New York State of realtors in 2002 and ruled unconstitutional
Under the civil rights act of 1866 the protected classes extended to:
Race and color
Under The federal fair housing act of 1968 the protected classes expanded to include:
Religion and national origin
One of the housing and community development act of 1974 the protected classes to include:
Under the fair housing amendments of 1988 the protected classes expanded to include:
Disabled and familial status
Under New York State human rights law the protected classes grew to include:
age, marital status, sexual orientation and military status
Under New York City human rights law the protected classes going to include
partnership, alienage/citizenship, and lawful occupation/income
A person with a fair housing organization, pretend to be interested in buying or renting property from someone suspected of lawful discrimination. Also called a tester.
Monetary relief, in the form of fines or surcharges, against an individual as restitution for wrongdoing by the individual.
The practice of compelling a person to involuntarily behave in a certain way/weather through action or in action/bayous of threats, intimidation, and some other form of pressure or force.
A facility involved in work that is intended for the mass market.
Points or facts that must be revealed.
Professional liability insurance that protects real estate licensees from mistakes or negligence.
Errors and omissions insurance
A common name for title eight of the civil rights act of 1968
Fair housing act
Office of fair housing and equal opportunity
A court order prohibiting an act or compelling an act be done
An exemption to the Federal fair housing act which holds that the rental of the unit in a room in an owner occupied loving containing four units or less is exempt from federal fair housing act. Provided rental advertising is not discriminatory.
Mrs. Murphy exemption
A facility that is owned, least, least two, or operated by a private entity.
Action by an individual, rather than by the government.
A restriction on real property used, imposed by a former owner; promise to not do or to do an act relating to real property: usually owners from us to not use probably in a particular way. May or may not run with the land.
New York State sexual orientation non-discrimination act of 2002 (which added sexual orientation as a protected class to the New York State human rights law)
In constitutional law, action by a government(federal/state/or local)rather than by private party.
Generally, meaning that a lawsuit can only be filed by someone who was personally harmed by the potential defendants action. The Supreme Court has interpreted this very broadly with regard to housing discrimination lawsuit.
Standing to sue
The process of subsidizing lower income buyers to assist in purchasing property in a declining neighborhood as a means of raising housing standards.
A law passed by a local legislative body.
When a law that isn't discriminatory on its face value has a greater impact on the minority group than it has on other groups.
Pneumonic Device For Classes protected under fair housing act
ADA Title I refers to regulations on: