Unit 3: Fair Housing

Question 1

What was one of the government’s first efforts to end discrimination in the housing industry?

Answer 1

The civil rights act of 1866

Question 2

What court decision in 1954 held that separate black and white schools were unconstitutional, and overturned the Plessy vs Ferguson (separate but equal) decision?

Answer 2

Brown v Board of education

Question 3

In 1968 the court held that the civil rights act of 1866 was constitutional, and banned racial discrimination. What was this ruling called?

Answer 3

Jones vs Mayer

Question 4

What is another name for the Title VIII of the civil rights act of 1968?

Answer 4

Fair Housing Act

Question 5

The supreme court expanded the term race to include…

Answer 5

Ancestral and ethnic characteristics, including physical, cultural, and linguistic traits.

Question 6

What seven discriminations does Title VIII of the Civil Rights Act of 1968 (Fair Housing Act) prohibit?

Answer 6

1. Race
2. Color
3. National origin
4. Religion
5. Sex
6. Familial status
7. Disability

Question 7

What department administers the Fair Housing Act?

Answer 7

The department of housing and urban development (HUD)

Question 8

Which of the seven discriminations were added by the Housing and Community Development Act?

Answer 8

Sex

Question 9

Which of the seven discriminations were added by the Fair Housing Amendments Act?

Answer 9

Disability and familial status

Question 10

What is HOPA?

Answer 10

Housing for Older Persons Act, passed in 1995.

Question 11

What are the specifics of HOPA?

Answer 11

It repealed the requirement that housing intended for people over the age of 55 have “significant facilities and services,” but still requires that at least 80 percent of occupied units have one person 55 or older living in them.

Question 12

Define dwelling

Answer 12

Any building or part of a building designed for occupancy as a residence by one or more families.

Question 13

Define Familial Status

Answer 13

One or more individuals under age 18 living with a parent or guardian.

Question 14

Define disability

Answer 14

A physical or mental impairment that substantially limits one or more of a person’s major life activities, includes having a record of the impairment.

Question 15

What are the exemptions to the Fair Housing Act?

Answer 15

1. Owner occupied buildings with no more than 4 units.
2. Single-family housing sold or rented without the use of a real estate professional
3. Housing operated by organizations and private clubs that limit occupancy to members.
4. Sale of a home when the owner does not own more than 3 homes and sells only one in a two year period, and discriminatory advertising is not used.

Question 16

A landlord has a disabled tenant. What is that tenant permitted to do to the property?

Answer 16

Make necessary, reasonable modifications to the premise at their own expense. (Lower doorknobs, bath rails, etc)

Upon leaving, the owner may require the tenant to restore such updates to their original condition. He may not increase the deposit, but could create an interest bearing escrow account to cover the cost of restorations.

Question 17

What is HOPA exempt from, provided it fulfills the required conditions of HOPA housing?

Answer 17

Familial status protection

Question 18

What does the Americans with Disabilities Act have to do with real estate?

Answer 18

It requires that employers accommodate disabled workers, and any real estate firm with over 15 employees must comply.

Question 19

What 2 kinds of property are exempt from ADA (Americans with Disabilities Act) requirements?

Answer 19

1. Property that is covered by the Fair Housing Act, which already prohibits discrimination based on disability
2. Property that is exempt from coverage by the Fair Housing Act, such as housing for people 55 or older.

Question 20

What is an example of a property that is subject to both the ADA and FHA laws?

Answer 20

Apartment complex. The rental office is a place of business that must comply with ADA, and the units must comply with FHA.

Question 21

What is blockbusting?

Answer 21

The act of encouraging people to sell or rent their homes by claiming that the entry of a protected class of people will have a negative impact on property values.

Question 22

What is steering?

Answer 22

The channeling of home seekers to particular neighborhoods or discouraging potential buyers from considering some areas.

Question 23

Advertisements of property for sale or rent can not include language indicating…

Answer 23

Preference or limitation

Question 24

What is redlining?

Answer 24

The practice of refusing to make mortgage loans or issue insurance policies in specific areas for reasons other than the economic qualifications of the applicants.

Question 25

For screening and rental procedures, it is unlawful to screen applicants on what basis?

Answer 25

Race, color, religion, sex, national origin, disability, or familial status.

Question 26

If you are an aggrieved person who feels you are a victim of discriminatory practices, who do you file a complain with?

Answer 26

HUD, (department of urban housing and development) within one year of the incident.

Question 27

How long does HUD have to determine whether or not a victim has reasonable cause to bring a charge of illegal discrimination?

Answer 27

100 days

Question 28

What is conciliation?

Answer 28

It is the resolution of a complaint by obtaining assurance that the person against whom the complaint was filed will remedy any violation that may have occurred.

Question 29

The aggrieved person has the right to seek relief through administrative proceedings. The administrative proceedings are held before an…

Answer 29

Administrative Law Judge (ALJ)

The ALJ has the authority to award actual damages, and impose a monetary penalty.

Question 30

What is the financial penalty for discriminatory practices?

Answer 30

It can range from 16,000 for a first offense to 70,000 for a third offense within 7 years.

Question 31

What is the penalty range for complaints brought before the federal court, within two years of the incident?

Answer 31

Civil penalties may result in an amount not to exceed $50,000 for a first violation and an amount not to exceed $100,000 for a second and subsequent violations.

Question 32

Where are complaints under the civil rights act taken?

Answer 32

Directly to the federal court. The only time limit for action is based on the state’s statute of limitations for torts.