Podcast
Questions and Answers
What is the broker's duty regarding answering questions about a buyer's ethnicity?
What is the broker's duty regarding answering questions about a buyer's ethnicity?
Which transaction is likely exempt from the federal Fair Housing Act but not from California's Fair Employment and Housing Act?
Which transaction is likely exempt from the federal Fair Housing Act but not from California's Fair Employment and Housing Act?
What should a broker consider when deciding whether to answer questions about buyer ethnicity?
What should a broker consider when deciding whether to answer questions about buyer ethnicity?
Under which condition can a broker answer questions about a buyer's ethnicity?
Under which condition can a broker answer questions about a buyer's ethnicity?
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Which of the following transactions does California's Fair Employment and Housing Act cover that the federal Fair Housing Act might exempt?
Which of the following transactions does California's Fair Employment and Housing Act cover that the federal Fair Housing Act might exempt?
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The federal Fair Housing Act prohibits discrimination based on any of the following factors except:
The federal Fair Housing Act prohibits discrimination based on any of the following factors except:
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An advertisement stating that condo units are available for 'adults only' may violate which law?
An advertisement stating that condo units are available for 'adults only' may violate which law?
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Blockbusting, a practice prohibited by the Fair Housing Act, is also commonly known as:
Blockbusting, a practice prohibited by the Fair Housing Act, is also commonly known as:
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When is an owner of a single-family home exempt from the Fair Housing Act?
When is an owner of a single-family home exempt from the Fair Housing Act?
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What is the primary purpose of the Home Mortgage Disclosure Act?
What is the primary purpose of the Home Mortgage Disclosure Act?
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Which of the following practices does steering refer to?
Which of the following practices does steering refer to?
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What does the Fair Housing Act specifically prohibit?
What does the Fair Housing Act specifically prohibit?
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What would prevent Mary from claiming exemption from the federal Fair Housing Act?
What would prevent Mary from claiming exemption from the federal Fair Housing Act?
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Which action is generally not considered price fixing in violation of antitrust laws?
Which action is generally not considered price fixing in violation of antitrust laws?
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Who falls outside the protections of discrimination based on disability under the federal Fair Housing Act?
Who falls outside the protections of discrimination based on disability under the federal Fair Housing Act?
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If an administrative law judge finds Broker Bill guilty of discrimination, which of the following may they not order?
If an administrative law judge finds Broker Bill guilty of discrimination, which of the following may they not order?
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A property with a restriction from the 1920s limiting its sale to Caucasians is:
A property with a restriction from the 1920s limiting its sale to Caucasians is:
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Under the Americans with Disabilities Act, which statement is true?
Under the Americans with Disabilities Act, which statement is true?
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Which agency is responsible for enforcing antidiscrimination laws in California?
Which agency is responsible for enforcing antidiscrimination laws in California?
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Under the federal Fair Housing Act, it isn't illegal to refuse to sell a condominium to a family with children if:
Under the federal Fair Housing Act, it isn't illegal to refuse to sell a condominium to a family with children if:
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What distinguishes the Civil Rights Act of 1866 from the Fair Housing Act?
What distinguishes the Civil Rights Act of 1866 from the Fair Housing Act?
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Which transactions could be exempt from the federal Fair Housing Act?
Which transactions could be exempt from the federal Fair Housing Act?
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Study Notes
Fair Housing Laws - Key Concepts
- Federal Fair Housing Act: Prohibits discrimination in housing based on protected characteristics.
- Protected Characteristics: National origin, disability, familial status, race, religion, color, and sex. Receipt of public assistance income is not a protected characteristic.
- Exemptions: Certain situations are exempt, like the sale of a single-family home by an owner who isn't using a real estate broker, provided that the sale isn't discriminatory.
- Blockbusting (Panic Selling): Illegal practice of inducing owners to sell by predicting a change in neighborhood demographics.
- Steering: Channeling prospective buyers to or away from particular areas based on protected characteristics.
Specific Act Violations
- "Adults Only" Ad: May violate fair housing laws, as it might discriminate against families with children. Prohibits discrimination based on familial status
- Redlining: Refusing housing loans in specific neighborhoods due to racial or ethnic composition.
- Discrimination based on disability: Excludes chronic alcoholism, heroin addiction, and mental disabilities.
- Price Fixing: Illegal discussions among competing brokers regarding commission rates.
- Home Mortgage Disclosure Act: Requires lenders to disclose APRs, but its role in fair housing enforcement should not be confused with fair housing acts, though this law helps prevent redlining
Exemptions and Enforcement
- Owner-occupied duplexes: Generally exempt from federal fair housing, unless involved in discriminatory practices. May be subject to state/local regulations.
- Administrative Law Judge Role: Can order punitive damages and attorney’s fees if found guilty of discrimination.
- California's role: California has its own anti-discrimination laws enforced by the Department of Fair Employment and Housing.
- Civil Rights Act of 1866: Applies to all housing and prohibits racial discrimination.
Specific Considerations
- Age restrictions: Condominiums can be designated as housing for older persons (with certain qualifications).
- Racial restrictions: Older restrictions limiting sales to specific races are unenforceable.
- Americans with Disabilities Act (ADA): Requires removal of architectural barriers for accessibility in public accommodations.
- Real Estate Broker's Role: Should not provide information that is not relevant to the sale, including discussing a buyer's ethnicity.
Key Differences
- Civil Rights Act of 1968 (Fair Housing Act): Covers discrimination in housing.
- Civil Rights Act of 1964: Covers discrimination in other areas.
- Civil Rights Act of 1866: Older law, covering racial discrimination across property types, including housing.
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Description
Test your understanding of the Fair Housing Laws, including the Federal Fair Housing Act and concepts such as protected characteristics, exemptions, and illegal practices like blockbusting and steering. This quiz will cover essential regulations and specific act violations.
