Fair Housing Flashcards
(8 cards)
Equal Opportunity
intended to create a marketplace in which persons of
similar financial means have a similar range of housing choices. Equal opportunity laws
apply to owners, real estate professionals, apartment management companies, real estate
organizations, lending agencies, builders, and developers.
Civil Rights Act of 1866
prohibits all racial discrimination in real estate transactions,
with no exceptions, and was upheld in Jones v. Mayer in 1968.
Race
includes ancestral and ethnic
characteristics, including certain physic
FHA
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.
FHA Exemptions
rentals in owner-occupied buildings with no more than four units;
housing operated by organizations and private clubs that limit occupancy to members; and
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.
Housing for Older Persons Act of 1995 (HOPA)
repealed facilities and services
requirements for housing intended for persons age 55 or older. 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
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
ALJ
A complaint brought to HUD may be heard by an administrative law judge (ALJ), with remedies that may include a fine or injunction.
