Questions and Answers
Which exemption applies to the rental of rooms or units in owner-occupied property?
The Mrs. Murphy Exemption applies on a federal level to every state in the country.
True
What does Exemption #3 pertain to?
Dwellings belonging to religious organizations or private clubs.
The law allows a religious group to sell or rent to people only of their same _____ .
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Which of the following conditions applies to Housing for Older Persons exemption?
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What was the allegation made by the city of Miami against Bank of America and Wells Fargo?
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The court ruled that the city of Miami was not injured by the banks' alleged discrimination.
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How many instances of housing discrimination occur every year in the rental market according to the Fair Housing Trends Report?
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What is the Civil Rights Act of 1866?
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What does the Fair Housing Act prohibit?
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Define disability as per Fair Housing laws.
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What is steering in real estate?
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What is one of the protected classes in the Fair Housing Act of 1968?
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What does the Americans with Disabilities Act aim to remove?
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What is the goal of the Fair Housing Act?
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The Fair Housing Act covers all types of buildings.
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Which act was passed to guarantee basic rights regardless of race, color, or previous condition of servitude?
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What must landlords allow tenants to do under the Fair Housing Act?
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Which of the following is a violation of the Fair Housing Act?
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The term 'exclusive neighborhood' is acceptable in housing advertisements.
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The Fair Housing Act includes the protected class of __________ status.
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What does HUD enforce?
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What must property managers do when a tenant requests modifications for a disability?
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Study Notes
Fair Housing Laws Overview
- The Civil Rights Act of 1866 established rights for all citizens, prohibiting discrimination based on race or color.
- The Fair Housing Act of 1968 prohibits housing discrimination on the basis of race, color, religion, national origin, sex, disability, and familial status.
- Disability is defined as physical or mental impairments that limit major life activities.
- Steering is the illegal practice of channeling buyers or tenants to certain areas based on assumptions about their demographics.
Protected Classes Under Fair Housing Act
- Protected classes include race, color, religion, national origin, sex, disability, and familial status (familial status allows for protection of households with children).
- Income is not included as a protected class.
Key Legislative Acts
- The Americans with Disabilities Act (ADA) aims to eliminate barriers for individuals with disabilities in various sectors, including housing.
- The Civil Rights Act of 1964 expanded federal protections against discrimination in federally funded programs and services.
- The Fair Housing Act establishes that it is unlawful to refuse to sell, rent, or negotiate based on a person’s protected class.
Responsibilities of Landlords and Property Managers
- Landlords must allow reasonable modifications for tenants with disabilities, while tenants must cover costs and may need to restore the property after lease termination.
- Property managers are responsible for preventing and addressing harassment among tenants.
Exemptions to Fair Housing Laws
- Certain transactions may be exempt from the Fair Housing Act under specific conditions, such as:
- Homeowners selling their own property (if they own no more than three homes).
- Rental of rooms in an owner-occupied residence with no more than four families.
- Dwellings owned by religious organizations or private clubs can limit sales/rentals based on religion or membership.
Violations and Enforcement
- Violations include refusing to rent/sell based on protected classes, discriminatory advertising, and coercive practices.
- The Department of Housing and Urban Development (HUD) enforces Fair Housing Laws, which applies to all real estate activities.
Understanding Disability Accommodations
- Disabilities encompass various physical and mental impairments, such as hearing, mobility, and chronic illnesses.
- Requests for modifications by tenants with disabilities must be considered carefully to avoid violations of the Fair Housing Act.
Best Practices for Real Estate Professionals
- Avoid discriminatory advertising language and focus on inclusivity in marketing.
- Be mindful of tenant requests for modifications and handle such requests in accordance with the law.
Noteworthy Terms and Conditions
- HUD advises against specific phrases in advertising that could imply discrimination, like "exclusive neighborhood" or "no kids allowed."
- Fair Housing protections apply even if the landlord is a private party as long as a real estate professional is involved in the transaction.
Case Scenarios to Understand Fair Housing
- Even if landlords live in the property they are renting, they cannot discriminate against families with children if they are assisted by a real estate agent.
- It is crucial for property managers to recognize that not all disabilities are visible and to respond appropriately to accommodation requests to remain compliant with the law.### Religious Laws
- Religious laws allow specific religious groups to limit sales or rentals to individuals sharing the same beliefs.
- In Texas, some subdivisions implement restrictions ensuring residents adhere to particular religious affiliations.
- Such deed restrictions form real estate developments targeting specific religions while excluding others.
Exemption #4: Housing for Older Persons
- Housing for older persons can bypass familial status requirements under the Fair Housing Act if it meets certain criteria.
- Eligibility is established if the housing is exclusively occupied by individuals 62 years or older.
- At least 80% of units occupied by persons 55 years or older also qualifies for exemption.
- Housing provided under state or federal programs aimed at assisting the elderly may also be exempt.
Bank of America v. Miami
- In 2017, Miami filed a lawsuit against Wells Fargo and Bank of America, alleging racially discriminatory lending practices.
- The city claimed banks targeted minority groups with high-interest, risky mortgages despite borrowers having poor credit.
- When borrowers sought help to refinance or modify loans, banks often refused, leading to increased foreclosures.
- Data showed minorities were more likely to receive predatory loans compared to white individuals.
Bank of America v. Miami, continued
- The court acknowledged Miami was harmed by the banks' alleged discriminatory practices.
- Discrimination contributed to foreclosures and vacancies in minority neighborhoods, harming property values.
- The decrease in property values adversely affected the city's tax revenues and budget.
- Increased foreclosures required the city to allocate more funds for municipal services to address related issues.
Housing Discrimination
- Each year, over 4 million incidents of housing discrimination are reported in the rental market alone.
- Historical context includes systematic segregation influenced by discriminatory policies at various governmental levels, leading to ongoing inequalities.
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Explore key terms and concepts related to Fair Housing Laws in this Chapter 7 flashcard quiz. Test your knowledge on the Civil Rights Act, the Fair Housing Act, and the implications of disability in housing regulations. Perfect for anyone studying housing law and civil rights.
