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Real Estate Study Notes > SU # 33__Fair Housing > Flashcards

SU # 33__Fair Housing Flashcards

1
Q

List two steps a managing broker should take to ensure compliance with fair housing laws.

A

Prominently display in all offices the Equal Opportunity Poster that HUD distributes.

Provide ongoing training and education to all affiliated licensees by holding seminars and workshops, watching videos and bringing in guest speakers.

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2
Q

What is significant about the Fair Housing Amendments Act of 1988?

A

It added handicap and familial status to the list of protected classes.

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3
Q

Describe the exemption that exists for familial status discrimination.

A

Housing for older persons is exempt if one of the following conditions is exists:

The HUD Secretary has determined that it is specifically designed for and occupied by elderly persons under a Federal, State or local government program.

It is occupied solely by persons who are 62 or older.

It houses at least one person who is 55 or older in at least 80 percent of the occupied units, and adheres to a policy that demonstrates the intent to house persons who are 55 or older.

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4
Q

If a person feels like he or she has been discriminated against, how long does that person have to file a complaint?

A

With HUD – within one year of the alleged act

In state or federal court – within two years of the alleged act

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5
Q

What did the Illinois Human Rights Act do?

A

It added state-level protection against discrimination and named additional protected classes.

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6
Q

List three activities that are considered discriminatory in real estate.

A

Refusing to sell, rent or negotiate with any person who is a member of a protected class

Telling persons that a property is not for sale or rent when it is

Denying membership in any multiple listing service (MLS) or any broker’s organization

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7
Q

What is blockbusting?

A

Blockbusting is making a profit by inducing owners to sell by telling them that persons of a protected class are moving into the neighborhood which will have detrimental results.

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8
Q

How is discriminatory advertising defined?

A

Discriminatory advertising is defined as advertising that indicates a preference, limitation or discrimination based on race, color, religion, handicap, sex, familial status or national origin.

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9
Q

Which Fair Housing Law added handicap individuals to the list of protected classes?

Jones v. Mayer

Title VIII of the Civil Rights Act of 1968

Housing and Community Development Act

Fair Housing Amendments Act of 1988

A

Fair Housing Amendments Act of 1988

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10
Q

A person filing the complaint may be entitled to __________.

$10,000

50% of punitive damages

Actual damages

A monthly payment from the General Revenue Fund.

A

Actual damages

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11
Q

The following is evidence of guilt of a Fair Housing Violation

Having violated the act previously

Failure to display the Fair Housing poster as required by law

A charge that you advertised a property with location of schools nearby

Asking a buyer to prove they are over a certain age

A

Failure to display the Fair Housing poster as required by law

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12
Q

What is a good policy regarding a seller who refuses to accept an offer from a potential buyer that is in a specific protected class?

Do not advertise and hold open houses on this property.

Do not allow the brokerage’s licensees to show the property.

Document the discrimination

Terminate the listing.

A

Terminate the listing.

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13
Q

Which of these classes are protected by the Fair Housing Laws of Illinois?

Middle Income Renters

Criminal Record Holders

Military Status

Employment Status

A

Military Status

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14
Q

What is the limit for HUD to start a discrimination investigation?

90 days

30 days

1 year

120 days

A

30 days

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15
Q

Which governmental agency files suits in ADA cases?

Dept. of Justice

Dept. of Housing

Dept. of Revenue

Dept. of Government Operations

A

Dept. of Justice

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16
Q

Mortgage providers and Federal Loan programs base their loans on Debt to income ratios as determined by their own

Housing Affordability Ratios

evidence of debt payment

credit affordability history

trending payment evidence

A

Housing Affordability Ratios

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17
Q

Records show that Banker Fred has increased the interest rate on all loans to Native Americans by an additional 3%. Has Banker Fred violated any laws?

Yes, this would be viewed as discriminatory.

No, loan terms can be established independently of discrimination laws.

No, if the loan terms are not advertised.

Yes, this is a violation of usury laws.

A

Yes, this would be viewed as discriminatory.

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18
Q

If a person believes he or she has been discriminated against, how long does he or she have to file a HUD complaint?

30 days

90 days

1 year

2 years

A

1 year

19
Q

A broker only shows homes in certain neighborhoods based on matching existing residents with similar potential buyers. This broker is guilty of what prohibited activity?

Redlining

Blockbusting

Steering

Misrepresentation

A

Steering

20
Q

A broker induces an owner to sell by telling him that Hispanics are moving into the neighborhood. This broker is guilty of what prohibited activity?

Redlining

Blockbusting

Steering

Misrepresentation

A

Blockbusting

21
Q

Which of these phrases would not be considered discriminatory if used in advertising?

White family home

Christian home

Couples only

Wheelchair ramps

A

Wheelchair ramps

22
Q

Which Fair Housing Law added sex to the list of protected classes?

Jones v. Mayer

Title VIII of the Civil Rights Act of 1968

Housing and Community Development Act

Fair Housing Amendments Act

A

Housing and Community Development Act

23
Q

What practice helps move low-income persons into previously-owned higher income owner properties?

Layer Down

Filtering Down

Flatten Down

Roll Down

A

Filtering Down

24
Q

Which of the following classes are not protected by federal law?

Military status

Sex

Color

Handicap

A

Military status

25
Q

Which is a TRUE statement about the Americans with Disabilities Act?

The act applies to AIDS victims.

The act applies to all structures built in the last 50 years.

Shopping centers are exempt if built after March 13, 1991.

An apartment manager might be required to widen all doorways to 60 inches.

A

The act applies to AIDS victims.

26
Q

When must a model home comply with ADA guidelines?

If the home is price more than $250,000.

If the subdivision has more than 20 lots.

If the home is more than 2,000 sq. ft.

If the home also has a sales office area.

A

If the home also has a sales office area.

27
Q

Is any city in Illinois allowed to pass an occupancy law regarding number of tenants per apartment?

No, if the housing units were built prior to 1997.

No, unless the housing units are under Title 8.

Yes, if the requirement is judged as reasonable.

Yes, provided the city’s population is over 10,000.

A

Yes, if the requirement is judged as reasonable.

28
Q

Seller Jim tells his listing licensee that regardless of the offer, he will not sell to any Asian families. How does this impact the listing agent?

The licensee is still required to take the listing.

The licensee could be held liable if he or she knowing goes along with the request.

The licensee must note the request on MLS listing only.

The licensee must inform all agents regarding the request.

A

The licensee could be held liable if he or she knowing goes along with the request.

29
Q

The principal theme of federal fair housing laws is to

a. ensure all Americans a fair chance to own a home.
b. prohibit discrimination in housing transactions.
c. ensure that housing transactions are negotiated fairly.
d. prohibit agents from dealing unfairly with clients and customers.

A

b. prohibit discrimination in housing transactions.

30
Q

It is illegal to discriminate in selling a house based on race, color, religion, or national origin. This is provided for through

a. the Civil Rights Act of 1866.
b. Executive Order 11063.
c. the Civil Rights Act of 1968.
d. the Fair Housing Amendments Act of 1988.

A

c. the Civil Rights Act of 1968.

31
Q

Which of the following laws or rulings extended discrimination to include gender, handicapped status, and family status?

a. Executive Order 11063
b. the Civil Rights Act of 1968
c. the Fair Housing Amendments Act of 1988
d. Jones v Mayer

A

c. the Fair Housing Amendments Act of 1988

32
Q

An agent informs numerous families in a neighborhood that several minority families are planning to move into the immediate area, and that the trend could have adverse effects on property values. This activity is

a. blockbusting.
b. legal but unprofessional redlining.
c. discriminatory misrepresentation.
d. negligent misrepresentation.

A

a. blockbusting.

33
Q

A minority family would like to buy a home in a certain price range. The agent shows the family all available properties in a neighborhood of families with similar backgrounds. The agent did not mention a number of homes in the family’s price range in other neighborhoods. This agent could be liable for

a. blockbusting.
b. providing unequal services.
c. steering.
d. nothing; his services were legal and acceptable

A

c. steering.

34
Q

An agent does not like a particular minority buyer, and is very short with the person, refusing to engage in lengthy conversation or show him any properties. A second minority party visits the office the next day. The agent is very forthcoming, and shows the person five prospective properties. This agent could be liable for

a. providing unequal services.
b. steering.
c. misrepresentation.
d. nothing; both parties were minorities, and therefore no discrimination occurred.

A

a. providing unequal services.

35
Q

Following the client’s recommendation, an agent conceals the availability of a property from an employed but pregnant and unmarried minority woman. This agent could be liable for

a. discriminatory misrepresentation.
b. steering.
c. violating fiduciary duty.
d. nothing: an agent may show or not show any property at his or her discretion.

A

a. discriminatory misrepresentation.

36
Q

A condominium complex prohibits ownership of any unit by persons under 55 years of age. The association claims it has made the prohibition properly. Which of the following is true?

a. They are violating the Civil Rights Act of 1866.
b. They are violating the Fair Housing Amendments Act of 1988.
c. They are guilty of age discrimination.
d. The prohibition may be legal.

A

d. The prohibition may be legal.

37
Q

An owner suddenly pulls a property off the market after hearing from the agent on the phone that the agent had received a full-price offer from a minority party. The agent then informs the offeror that the home has been removed from the market and is unavailable. Which party or parties, if any, have violated fair housing laws?

a. The agent only
b. The owner only
c. The agent and the owner
d. Neither agent nor owner

A

c. The agent and the owner

38
Q

Real estate trade associations promote a code of ethics primarily to establish

a. minimum standards of practice as imposed by law.
b. fair housing law.
c. high standards of practice for all facets of the business.
d. grounds for license revocation

A

c. high standards of practice for all facets of the business.

39
Q

The parts of the Americans with Disabilities Act that most concern real estate agents are those that deal with

a. telecommunications and insurance.
b. public accommodations and employment.
c. state and local government.
d. agency and public service.

A

b. public accommodations and employment.

40
Q

If a licensee knows a negative material fact about a client’s property that the client has not disclosed, the licensee must

a. keep the fact confidential.
b. report the seller to the local real estate board.
c. disclose the information to others.
d. change the seller’s disclosure form.

A

c. disclose the information to others.

41
Q

How does CERCLA concern real estate agents?

a. It may cause them to be held liable for improper disclosure of potential violations.
b. It requires them to conduct Phase II Environmental Site Assessments.
c. It makes them subject to Environmental Protection Agency orders.
d. It absolves them of any responsibility for knowing about environmental hazards.

A

a. It may cause them to be held liable for improper disclosure of potential violations.

42
Q

Which of the following is a fact about home warranties that an agent should be sure a client knows?

a. If the homeowner has paid an annual fee for the warranty, there are no additional charges for service.
b. Conditions that pre-existed the coverage date of the warranty will not be covered.
c. Any item that is not specifically excluded in the warranty contract may be assumed to be covered.
d. Warranties are usually purchased to cover the full term of the mortgage loan.

A

b. Conditions that pre-existed the coverage date of the warranty will not be covered.

43
Q

What is an agent’s duty regarding inspections?

a. Personally conduct a detailed inspection of all major structures and systems
b. Accompany all inspectors as they inspect the agent’s listed property
c. Disclose the result of any inspection, if known to the agent
d. Interview and hire inspectors for clients.

A

c. Disclose the result of any inspection, if known to the agent

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