Flashcards in Unit 7 Deck (54):
Prohibits racial discrimination in all real estate sales."All citizens have the same rights to inherit, buy, sell, or lease all real and personal property."
Civil Rights Act of 1866
forbids discrimination in federally subsidized housing
The Civil Rights Act of 1964
prohibits discrimination in housing based on race, color, religion or national origin when selling, buying or leasing residential real estate.
Federal Fair Housing Act of 1968
Supreme Court Case which prohibits racial discrimination in any real estate transaction (residential or commercial)
Jones v. Mayer 1968
added gender (sex) to the protected classes
Housing and Community Development Act of 1974
added mental or physical handicap and familial status (people with children under 18) to protected classes.
Federal Fair Housing Amendments Act of 1988
Passed in the year after the Civil War, this law said that:
All citizens shall have the same rights to inherit, buy, sell, Or lease all real and personal property
The Civil Rights Act of 1866
The Civil Rights Act of 1866 was largely ignored until the court case of ____________ which was heard by the Supreme Court in 1968
Jones v. Mayer
Describe Jones v. Mayer
The buyer Jones sued the builder Mayer in a new home case in St. Louis which had an ordinance forbidding black housing ownership in the new area. The Supreme Court ruled that because of the Civil Rights Act of 1866, discrimination based on race was prohibited. This statute has no time limitation: racial discrimination in housing is prohibited forever.
Racial Discrimination is NEVER allowed in any type of housing, whether selling, leasing or renting because of the:
Civil Rights Act of 1866
This Civil Right Act was passed shortly after the death of President ___________ and was signed by President ___________ as part of the civil rights movement.
John F. Kennedy; Lyndon Johnson
The 1964 Civil Rights specifically:
gave the federal government the right to end segregation in the South,
prohibited segregation in public places (a public place was anywhere which received any form of federal [tax] funding),
created an Equal Employment Commission,
determined that federal funding would not be given to segregated schools,
determined that any business which wanted federal business had to have a pro-civil rights charter
This law specifically prohibits discrimination in the sale, lease, or rental of real property. Also prohibited is discriminatory advertising related to these activities or any financing or brokerage service. It created the protected classes of race (already in the Civil Rights act of 1866), color, religion, and national origin.
The law says:
It is illegal to discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith, because of race, color, religion and national origin.
The Civil Rights Act of 1968
What are the 4 exceptions to the Civil Rights Act of 1968?
An owner of no more than three single family dwellings at any one time is exempt. The owner can only use these exemptions once in 24 months.
An owner of an apartment building containing up to four units is exempt if the owner occupies one of the units as a personal residence
Religious organizations are exempt with properties owned and operated for the benefit of their members only and not for commercial purposes, provided that membership in the religious organization is not restricted on account of race, color, or national origin.
A private club (such as the Elk's Club) which is not open to the public is exempt if the properties that the club does own, provides lodging only for the benefit of the membership, and not for commercial purposes.
Exemptions to the Civil Rights Act of 1968 are NOT available if any the following has occurred:
discriminatory advertising has been used.
the services of a real estate broker were used (either in renting, leasing or selling)
Describe prohibited acts of the Civil Rights Act of 1968
Refusing to sell, rent or negotiate with any protected class;
Changing terms, conditions or service for different individuals as a means of discrimination;
Stating or advertising that the property is restricted;
Telling persons that a property is not for sale or rent when it is;
Giving different terms for loans to buy or repair or denying a loan altogether;
Denying membership in any multiple listing services (MLS) or any broker's organization.
All these acts are illegal unless an owner is selling his own property by himself without discriminatory advertising or using the services of the broker.
The law includes mortgage loan originators and lenders as well as real estate professionals. No one can discriminate unless they meet the exemptions on the previous screen.
advertising in any media with the purpose of discriminating for or against a certain group of the protected classes. The advertisement implies acceptance (or denial) of certain groups.
Give examples of Discriminatory Advertising.
an advertisement for rent only in a Spanish-speaking neighborhood and not in general newspapers may presume that the broker is promoting Spanish-speaking housing.
Ads that use phrases such as "women-only", "females-only" and "no children" are clearly discriminatory and illegal. Ads which want "Asians Only" are clearly discriminatory. Even directions such as near "St. Paul's Catholic Church" can imply that Catholics-only need apply.
Anyone who uses discriminatory advertisements is in violation of the:
Federal Fair Housing Acts
In Civil Rights Act of 1968, the following acts in financing are also illegal when the decisions are based on race, color, national origin or religion:
Refusing to make a mortgage loan
Refusing to provide information regarding loans
Imposing different terms or conditions on a loan
Discriminating in appraising property
Refusing to purchase a loan
Setting different terms or conditions for purchasing a loan.
Certain specific acts are also forbidden.
The illegal act of inducing panic selling in a neighborhood for gain by a broker or sales associate. "You'd better sell now, because they are moving in." is a clear violation of the law
Blockbusting (or Panic Peddling)
This is directing a buyer to or away from a certain area because of race, color or national origin. Such statements as "You'll be more comfortable with your own kind" or" you don't want to live there, they're not your kind of people." are against the law. Decisions about buying property should be based on financial concerns, rather than race, color, religion or national origin. Even if a buyer wishes to be located in a segregated area, sales associates are cautioned to ensure that they show the buyer all properties which they are qualified to buy, then let them make the decision after seeing what is available to them
This is the practice by some lenders to refuse to lend or insure in certain areas because of race, color, national origin or religion, regardless of the ability of an individual person to pay. Lenders actually outlined the area on a map (usually with red marker!) This is forbidden by law.
This law added gender by inserting the protected class of "sex" to the wording of the 1968 Civil Rights Act. By the end of that year the protected classes were race, color, religion, national origin and sex
The Housing and Development Act of 1974
Congress determined that though the intent of the 1968 Civil Rights Act was to prohibit segregation in housing, it had only been partially effective. Congress passed the ____________ which added more protected classes to the 1968 Law and gave greater punishments to those who broke the law. The protected classes of handicap and familial status were added in 1988
Civil Rights Act of 1988
Under the Civil Rights Act of 1988, the seven protected classes became:
race, color, religion, national origin, sex, handicap and familial status.
defined as a physical or mental impairment that substantially limits one or more of major life activities (walking, seeing, hearing, learning, and working) or having a record of such an impairment, or being regarded as having such an impairment
defined as anyone who has a child under 18, who has temporary custody of a child under 18, is seeking custody of a child under 18 or is pregnant. This means a child (or children) under the age of 18. It means that the sign "No children allowed." is a violation of the Federal Fair Housing Law.
As of 1988, there are Seven Protected Classes:
Race, Religion, Color, National Origin, Sex, Handicap, and Familial Status
What is not protected classes under Federal Fair Housing?
Age, marital status, or sexual preference
Under the Disability Guidelines under the Civil Rights Act of 1988. If you or someone associated with you has a disability, the landlord may not:
Refuse to let a person with a disability make reasonable modification to a dwelling or common use area. If modification is required for tenant use of the facility, the landlord must allow the change; the expense is the tenants. Reasonable changes are permitted, only. The disabled person must agree to restore the property to original condition upon vacating if the improvement will interfere with a future tenant's use.
Prohibit the installation of grab bars in the bathroom, lowered kitchen cabinets, and light switches (should be restored to original condition when the lease expires). A wide door opening required for wheelchair access would NOT need to be made narrow because a future tenant could use a wide door opening without inconvenience.
Refuse to make reasonable accommodations in rules, policies, practices or service if necessary to the disabled person to use the housing. (For example, a building with a "no pets" policy must allow a visually-impaired tenant to keep a guide dog).
More recently Emotional Support animals have been a focus of concern with regard to the Americans with Disabilities Act. Always consult an attorney, if a question remains regarding animals and leasing or sales.
While the sign "Children not accepted." is generally illegal, there are some exceptions. Housing for older adults is exempt from the familial status protection section of the Federal Fair Housing Act of 1988 if:
The housing is occupied only by those 62 years or older
The housing is designed for occupancy by older persons.
The housing is occupied by at least one person 55 years of age or older per unit. (where 80 percent of the units are occupied by individuals 55 or older)
This means that retirement communities would be exempt from Federal Fair Housing if they follow the exceptions listed above
Since 1972, brokers and lenders have been required to display the _____________ in offices, model homes, and lending offices in a conspicuous place.
Equal Housing Opportunity Poster
Failure to display the Equal Opportunity logo and Poster is considered by the courts as prima facie evidence of:
discrimination on the part of the broker or lender if the broker faces charges of discrimination.
The person making a complaint to enforce Fair Housing Laws may make a complaint to either:
the Department of Housing and Urban Development (HUD).
Department of Housing and Urban Development
If a complaint to enforce Fair Housing Laws is made, the Department of Housing and Urban Development will:
Refer it to a Federal District Court
Appoint an administrative law judge to hear the case.
If a complaint to enforce Fair Housing Laws is made and an administrative judge is appointed, the administrative law judge has the following options:
Issue an injunction to make the party act.
Per Section 180.671(a) (1), (2), and (3), --OR-- the aggrieved party, with or without filing a complaint, may file a civil suit in Federal District Court within two years of the act, unless the complaint has been filed with HUD, in which case the period is one year.
The maximum penalty that the Administrative Law Judge may impose upon a respondent who is found to have engaged in a discriminatory housing practice was increased from:
$11,000 to $16,000, from $32,500 to $37,500, and from $60,000 to $65,000.
The Federal Civil Penalties of 1990 requires HUD to:
make inflation adjustments based on the Consumer Price Index to these penalties when necessary.
Complaints brought under the Civil Rights Act of 1866 must be taken directly to:
To prevent discriminatory practices, the role of a real estate broker or sales associate:
Real estate licensees should be knowledgeable of all Fair Housing Laws.
Real estate licensees should never discuss the race, color, religion, national origin, familial status or handicap of the potential buyer, renter, seller or tenant.
If the owner of a property asks a licensee to take a listing with the requirement of violating the Federal Fair Housing Act, the licensee should refuse the listing.
The broker is responsible for the actions of his sales associates so he must supervise all his licensees to prevent discriminatory practices.
Passed in 1990, the ______________ requires access to public transportation, public accommodation and commercial facilities. A disabled person must be given the same treatment as an able-bodied person. The law also addresses access to new construction and renovation of public accommodations and commercial facilities (including real estate offices) after 1991.
Americans with Disabilities Act
Requirements for new buildings included under the act are buildings built after March 13, 1991 with an elevator and four or more units include:
Public and common areas must be accessible to persons with disabilities.
Doors and hallways must be wide enough to accommodate wheelchairs.
All units must have:
An accessible route into and through the unit,
Accessible light switches, electrical outlets, thermostats, and other environmental controls,
Reinforced bathroom walls to allow installation of grab bars at a later time,
Kitchen and bathrooms that can be used by people in wheelchairs.
The Florida Fair Housing Act is similar to the _________ but where there is a conflict, the federal law will supersede.
Federal Fair Housing Act
The purpose of this Act is to provide equal protection under the law for both landlords and tenants. This law deals with non-residential tenancies, residential tenancies, and self service storage. The law describes landlord and tenant obligations as they apply to this act.
the Landlord and Tenant Act
An advance rent or security deposit received by a broker or owner must be handled in one of three ways.
Money is placed in a non-interest bearing account and not commingled with other funds.
Money is placed in an interest-bearing account with the interest to be paid to the tenant at a rate of 75% of any annualized annual interest or 5% at the option of the landlord.
A surety bond is posted in the county to the clerk of the circuit court where the property is located for the total amount of the money given in rents and deposits or $50,000 whichever is less and the tenant is paid 5% interest per year simple interest. This method allows for commingling of funds.
The tenant has to be informed where and in what manner the money is being held within 30 days of the contract date, including the bank's name and address, the rate of interest, and the date interest payments will be made.
For real estate brokers who manage properties, it is expected that deposits be handled as set forth in 475 F.S., ___________.
Upon completion of the rental period the landlord has __ days to return the deposits unless the landlord wishes to make a claim on the money, then he has 30 days to make a claim after the tenant vacates the property.
Under the Florida Landlord and Tenant Act, the landlord may enter the dwelling unit when necessary under any of the following circumstances:
(a) With the consent of the tenant;
(b) In case of emergency;
(c) When the tenant unreasonably withholds consent; or
(d) If the tenant is absent from the premises for a period of time equal to one-half the time for periodic rental payments. If the rent is current and the tenant notifies the landlord of an intended absence, then the landlord may enter only with the consent of the tenant or for the protection or preservation of the premises.
(3) The landlord shall not abuse the right of access nor use it to harass the tenant.
Timeframes for notice for Vacating Premises are as follows:
1.When the tenancy is from year to year, notice not less than 60 days prior to the end of any annual period;
2.When the tenancy is from quarter to quarter, notice not less than 30 days prior to the end of any quarterly period;
3.When the tenancy is from month to month, notice not less than 15 days prior to the end of any monthly period; and
4.When the tenancy is from week to week, notice not less than 7 days prior to the end of any weekly period.
If the landlord does not maintain the property, the tenant has a procedure to follow to terminate the agreement:
1.The tenant must give written notice to the landlord citing noncompliance and the intent to vacate if the situation is not corrected.
2.The landlord has 7 days to correct the situation.
3.If the landlord does not remedy the situation in 7 days; the tenant is entitled to terminate the agreement.
Termination of the Rental Agreement by the landlord:
1.Landlord must give written notice demanding rent within three days or possession of the property.
2.If rent is not paid in the proper time frame, the landlord must use formal eviction to evict tenant.
3.If possession is given; the landlord must give written notice of the security deposit or advance rent.
1.Notification must be given to tenant in writing demanding possession of premises. a.Notice may be mailed, hand delivered, or tacked to the door of the unit being noticed
2.A three day notice shall be given for non-payment of rent. If tenant is being evicted for cause, a seven day notice is delivered.
3.If tenant does not surrender possession three days or seven days after notification, landlord must file a complaint for eviction.
4.Tenant is allowed seven days to file a reply.
5.If tenant stays without answering, the landlord must obtain a final judgment from the court.
6.After obtaining the judgment in favor of the landlord, the sheriff is given a writ to obtain the premises for the landlord 24 hours after posting.
After the execution of the writ of possession, landlord may remove personal property from the premises