Federal discrimination laws Flashcards
(19 cards)
What is the Civil Rights Act of 1866?
Prohibits racial discrimination
Applies to all real estate transactions without exception and is tied to the case Jones v. Mayer.
What is Jones vs. Mayer related to?
The Civil Rights Act of 1866 - prohibits racial discrimination
What does the Civil Rights Act of 1964 prohibit?
Discrimination based on race, color, religion, or national origin
Applies to public accommodations and public facilities operated by the state or local government.
What is the Civil Rights Act of 1968 known as?
The Fair Housing Act
What protected classes were established by the Fair Housing Act of 1968?
Race, color, religion, sex, national origin
What does the Fair Housing Amendments Act of 1988 include?
Seven protected classes:
* Race
* Color
* Religion
* Sex
* National origin
* Disability
* Familial status
prohibits discrimination in sales, leasing, advertising sales & rentals, financing, and brokerage services
When did protection for sexual orientation & gender identity happen?
2021
Who issued the executive order regarding sexual orientation & gender identity in housing?
President Biden
Who enforces the Fair Housing Act executive order of 2021?
HUD enforces the Fair Housing Act to include sexual orientation & gender identity
What is included on the Equal Housing Opportunity Poster?
Housing logo and a statement pledging adherence to the Fair Housing Act
What must be displayed in real estate offices regarding discrimination?
The Equal Housing Opportunity Poster
What could happen if the Equal Housing Opportunity Poster is not displayed?
Could be considered evidence of discrimination if a complaint is filed
What are the 6 kinds of residential real estate transactions covered under the Fair Housing Act?
- Government-owned residential property
- Privately owned residential property if a broker is employed
- Single-family homes owned by a business entity
- Sale or rental of single-family property owned by a person who owns 4+ houses
- Multifamily dwellings of 5+ units
- Multifamily dwellings of 4 or fewer units if the owner doesn’t reside in one
What are the 2 main requirements for a real estate transaction to be exempted under the Fair Housing Act?
- Real estate brokerage NOT involved and
- No discriminatory advertising used to market the property
What kinds of real estate property are exempted from the Fair Housing Act?
- Sale or rental of single-family property if the seller owns 3 or fewer single-family dwellings
- Rental of multifamily dwelling of 4 or fewer family units if the owner lives in one
Can racial discrimination ever occur?
No, because of the Civil Rights Act of 1866; there are no exemptions
What are the two exemptions for housing older persons under the Fair Housing Act?
- All units occupied by persons 62+
- At least 80% of the units occupied by 1 or more persons 55 years of age or older
What is the special exemption for religious organizations?
Religious organizations can restrict the dwelling units they own to members of their religion
What is the special exemption for private clubs?
Private clubs can restrict rental or occupancy of its units to its members