Antidiscrimination Laws and Marketing Regulations

Antidiscrimination Laws and Marketing Regulations

• Protected characteristics under the federal Fair Housing Act include race, color, religion, national origin, sex, familial status, and disability.
• Four types of transactions exempt from the Fair Housing Act are: sales or rentals by owners of no more than three homes, rentals of up to four units where one is owner-occupied, religious organization rentals, and private club transactions.
• Examples of discriminatory practices include blockbusting, steering, and redlining.
• Blockbusting induces homeowners to sell by suggesting that a protected group is moving into the area to reduce property value.
• Steering channels prospective buyers or tenants to or away from certain neighborhoods based on race or other protected characteristics.
• Redlining is the refusal to make mortgage loans in particular neighborhoods.
• Public accommodations are covered under the Americans with Disabilities Act (ADA).
• Three major ADA requirements for public accommodations are readily achievable architectural and communication barriers removals, reasonable modifications, and auxiliary aids and services.
• California's Fair Employment and Housing Act (FEHA) prohibits more forms of discrimination than the federal Fair Housing Act.
• Price fixing, group boycotts, tie-in arrangements, and market allocations are all forms of prohibited anti-competitive marketing practices.
• Marketing is restricted by the Do Not Call registry and federal anti-spam law.

Federal Antidiscrimination Laws

• The Civil Rights Act of 1866 prohibits discrimination on the basis of race or ancestry in real estate transactions.
• The Civil Rights Act of 1964 prohibits discrimination in federal government programs related to housing.
• The Fair Housing Act (Title VIII of the Civil Rights Act of 1968) prohibits discrimination in housing based on race, color, religion, sex, national origin, disability, or familial status.

Federal Fair Lending Laws

• The Equal Credit Opportunity Act prohibits discrimination in consumer credit transactions based on protected characteristics.
• The Home Mortgage Disclosure Act requires lenders to report on their lending activities, which helps in identifying patterns of redlining.

California Antidiscrimination Legislation

• The Unruh Civil Rights Act prohibits discrimination in the provision of services by businesses, including real estate brokerages.
• The Fair Employment and Housing Act (FEHA) prohibits discrimination in housing and employment based on additional protected characteristics not included in the federal Fair Housing Act.
• The Housing Financial Discrimination Act prohibits redlining.

Discriminatory Restrictive Covenants

• Discriminatory restrictive covenants that prevent selling or leasing property to specific types of individuals are unenforceable.

Antitrust Laws

• Antitrust laws prohibit agreements or actions that cause unreasonable restraint of trade or create monopolies.
• Examples of prohibited practices include price fixing, group boycotts, tie-in arrangements, and market allocation.
• Federal antitrust laws include the Sherman Act, and California has the Cartwright Act.

Telephone and Email Marketing

• The Do Not Call Registry prevents cold calls to individuals who have registered to not receive these types of calls.
• Anti-spam laws prevent unwanted communications via email and other methods.

Fair Housing Act

• Prohibits discrimination in housing transactions.
• Addresses issues of blockbusting, steering, redlining, and other discriminatory practices.
• Covers protected classes and reasonable accommodations.
• Details exemptions applying to specific types of transactions.

Specific Types of Discrimination

• Blockbusting
• Steering
• Redlining
• Discrimination based on disability
• Discrimination based on familial status
• Types of prohibited anti-competitive marketing practices
• Marketing restricted by Do Not Call registry and anti-spam laws

This quiz covers key concepts related to antidiscrimination laws, particularly the Fair Housing Act, including protected characteristics and discriminatory practices such as blockbusting and redlining. It also touches on the Americans with Disabilities Act and requirements for public accommodations. Test your knowledge on these important legal frameworks!