Flashcards in Section 7 Federal And State Laws Pertaining To Real Estate Deck (20)
True or false, the housing for older persons act of 1995 (an amendment to the fair housing act) makes it legal for communities to market themselves as a 55+ or an age restricted community provided they maintain that 80% of the occupied units are occupied by at least one person who is 55 years of age or older.
True or false, the civil rights act of 1964 ended racial segregation in schools, workplaces and public accommodations. And prohibits discrimination based on race, color, religion, or national origin.
True or false, it is optional for real estate brokers and agents to post and maintain a fair housing poster at all of their places of business.
It is required by law
True or false, blockbusting is the practice of persuading owners to sell property cheaply because of the fear of people of another race or protected group moving into the neighborhood, and thus profiting by reselling at a higher price.
True or false, under the Florida residential landlord and tenant act, a tenant must allow a landlord to enter a property to make inspections, provide services, make repairs, and to show property if given at least a 12 hour notice or immediately if an emergency.
True or false, exemptions to the fair housing act are not allowed if a real estate agent is used to sell the property or discriminatory language is used to advertise the property.
True or false, a Catholic church offering housing to only their parish members would be a form of discrimination.
Religious organizations may restrict units to members of their religion provided they do not discriminate in accepting membership
True or false, redlining is the process whereby builders, brokers, and rental property managers induce purchasers or lessees of real property to buy land or rent premises in neighborhoods composed of persons of the same race
This is steering
True or false, any person who claims to have been injured by a discriminatory housing practice may file a complaint with HUD.
True or false, failure to display the fair housing poster shall be considered as proof that a brokerage is engaged and discriminatory housing practice.
Per the interstate land sales full disclosure act (ILSA), which of the following is false?
1. Developers of 25 or more lots must provide buyers with a property report
2. Developers must register subdivisions of 200 or more lots with the bureau of consumer financial protection
3. The act was implemented to prevent fraudulent marketing schemes when land is sold without ever being seen by the buyer
4. Doesn't apply when sold to a Florida resident even though the property isn't exempt from requirements
Doesn't apply when sold to a Florida resident even though the property isn't exempt from requirements
Per Florida residential landlord and tenant act, landlords must account for deposits and advance rents in the following acceptable ways except for one:
1. Hold money in a separate not interest – bearing Florida bank account for the benefit of tenants
2. Hold money in a separate interest – bearing Florida bank account and pay the tenant at least 75% of the interest earned or 5% per year simple interest
3. Post a bond for amount of security deposit and advance rents or $50,000 (which ever is less) and pay tenant 5% per year simple interest
4. Notify the tenant in writing within 60 days as to which option was elected in where the money is being held
You must notify the tenant within 30 days not 60.
Which law prohibits discrimination based on race in all real estate transactions without exception:
1. Civil rights act of 1964
2. Fair housing act of 1968
3. Civil rights act of 1866
4. Florida fair housing act
Civil rights act of 1866
A landlord who is making a claim on a deposit must send written notice by certified mail within how many days?
Which Supreme Court decision set the standard and held that the civil rights act of 1866 applies to private home sales:
1. Jones vs Mayer
2. Brown vs Board of Education
3. Roe vs Wade
4. Dred Scott vs Sanford
Jones vs mayor
Broker Rafael received a formal and signed complaint from HUD's investigator by mail. What should Rafael do next?
1. Within 10 days of receiving the notice, the respondent must submit to HUD an answer to the complaint.
2. Within 15 days of receiving notice, the respondent must submit to HUD an answer to the complaint.
3. Within 30 days of receiving the notice, the respondent must submit to HUD an answer to the complaint.
4. Within 60 days of receiving the notice, the respondent must submit to HUD an answer to the complaint.
Within 10 days of receiving the notice, the respondent must submit to HUD an answer to the complaint
The fair housing act applies in all of the following situations except which that is exempt:
1. An older woman who uses a real estate agent to sell the home she has owned for 50 years
2. A for sale by owner who is "flipping" his third non-owner occupied home within two years
3. In the sale of a seven unit apartment complex
4. The owner who lives in a duplex and wants only someone without kids to apply but does not include this information in her advertising and does not use the assistance of a real estate licensee
The owner who lives in a duplex and wants only someone without kids to apply but does not include this information in her advertising in does not use the assistance of a real estate licensee
Mary wanted to rent a home but needed to make changes to accommodate her disability. Which one of the following changes would be considered unreasonable under ADA:
1. Install a ramp into the Home paid by Mary
2. Install grab bars in the bathroom paid by Mary
3. Widen all the doorways in the home at the owners expense
4. Lower the threshold of the front door he by Mary
widen all the doorways in the home at the owners expense
Under title VIII of the civil rights act of 1968, discrimination is illegal in sales, leasing, advertising sales or rentals, financing, or brokerage services if based on all of the following except:
3. Marital status
4. National origin