Fair Housing Laws - Key Concepts
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Questions and Answers

What is the broker's duty regarding answering questions about a buyer's ethnicity?

  • The broker must answer to uphold honesty.
  • The broker can only answer if the buyer consents. (correct)
  • The broker must not answer to comply with the Rumford Act.
  • The broker may answer but should advise the seller against using ethnicity for selling decisions. (correct)

Which transaction is likely exempt from the federal Fair Housing Act but not from California's Fair Employment and Housing Act?

  • Sale of a non-owner occupied duplex
  • Rental of an apartment in a building not occupied by the landlord
  • Sale of a single-family home
  • Rental of a room in an owner-occupied single-family home (correct)

What should a broker consider when deciding whether to answer questions about buyer ethnicity?

  • The broker should consider if the information is commonly known.
  • The broker must always answer to maintain transparency.
  • The broker should refer to the local housing authority guidelines.
  • The broker should take the buyer's consent into account. (correct)

Under which condition can a broker answer questions about a buyer's ethnicity?

<p>If the buyer consents to the disclosure. (D)</p> Signup and view all the answers

Which of the following transactions does California's Fair Employment and Housing Act cover that the federal Fair Housing Act might exempt?

<p>Rental of a room in an owner-occupied single-family home (C)</p> Signup and view all the answers

The federal Fair Housing Act prohibits discrimination based on any of the following factors except:

<p>receipt of public assistance income (C)</p> Signup and view all the answers

An advertisement stating that condo units are available for 'adults only' may violate which law?

<p>Civil Rights Act of 1968 (D)</p> Signup and view all the answers

Blockbusting, a practice prohibited by the Fair Housing Act, is also commonly known as:

<p>panic selling (B)</p> Signup and view all the answers

When is an owner of a single-family home exempt from the Fair Housing Act?

<p>only if the owner does not own more than three homes (D)</p> Signup and view all the answers

What is the primary purpose of the Home Mortgage Disclosure Act?

<p>to help enforce the Fair Housing Act's prohibition against steering (C)</p> Signup and view all the answers

Which of the following practices does steering refer to?

<p>directing potential buyers to certain neighborhoods based on their race (D)</p> Signup and view all the answers

What does the Fair Housing Act specifically prohibit?

<p>Discrimination based on race (A)</p> Signup and view all the answers

What would prevent Mary from claiming exemption from the federal Fair Housing Act?

<p>All of the above would prevent her from claiming the exemption (D)</p> Signup and view all the answers

Which action is generally not considered price fixing in violation of antitrust laws?

<p>Publication of a report on commission rates charged by members of a multiple listing service (D)</p> Signup and view all the answers

Who falls outside the protections of discrimination based on disability under the federal Fair Housing Act?

<p>Heroin addict (D)</p> Signup and view all the answers

If an administrative law judge finds Broker Bill guilty of discrimination, which of the following may they not order?

<p>Pay the victim's attorney's fees (D)</p> Signup and view all the answers

A property with a restriction from the 1920s limiting its sale to Caucasians is:

<p>Unenforceable, so the contract is void (A)</p> Signup and view all the answers

Under the Americans with Disabilities Act, which statement is true?

<p>A real estate office is considered to be a public accommodation (D)</p> Signup and view all the answers

Which agency is responsible for enforcing antidiscrimination laws in California?

<p>Department of Fair Employment and Housing (C)</p> Signup and view all the answers

Under the federal Fair Housing Act, it isn't illegal to refuse to sell a condominium to a family with children if:

<p>All of the above (D)</p> Signup and view all the answers

What distinguishes the Civil Rights Act of 1866 from the Fair Housing Act?

<p>The Fair Housing Act does not apply to nonresidential transactions (B)</p> Signup and view all the answers

Which transactions could be exempt from the federal Fair Housing Act?

<p>Sale of a single-family home by the owner, with no real estate agent involved (B)</p> Signup and view all the answers

Flashcards

Fair Housing Act

A federal law that prohibits discrimination in housing based on race, color, religion, national origin, sex, familial status, or disability.

Blockbusting

The practice of encouraging homeowners to sell their properties because of the entry of a protected group into their neighborhood.

Redlining

A practice where lenders refuse loans based on the neighborhood instead of a borrower's qualifications.

Steering

The practice of guiding homebuyers to or away from specific neighborhoods based on their race, religion, etc.

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Home Mortgage Disclosure Act

A federal law that requires lenders to disclose the number and amount of mortgage loans made in different neighborhoods to help enforce fair lending practices.

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Single-family home exemption

The Fair Housing Act exempts a single-family home owner from the requirements of the act if selling it without a broker and meeting specific conditions.

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Age-specific advertisement

Advertising that explicitly uses language like 'adults only' can violate the Fair Housing Act.

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Price Fixing

The act of setting prices or terms for a product or service in a way that restricts competition.

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Americans with Disabilities Act (ADA)

A federal law that prohibits discrimination against individuals with disabilities in employment, public services, public transportation, telecommunications, and public accommodations.

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Discrimination based on Familial Status

A discriminatory housing practice where a landlord refuses to rent to a family with children because of a policy that restricts occupancy to adults only.

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Housing for Older Persons Exemption

A provision in the Fair Housing Act that allows for exceptions to the ban on discrimination based on familial status for housing that qualifies as senior housing.

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Civil Rights Act of 1866

The landmark civil rights legislation passed in 1866 that prohibits discrimination in housing based on race or color.

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Restrictive Covenants

A restrictive covenant is a clause in a deed that restricts the use or sale of a property.

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Broker's Duty to Disclose Client Information

A real estate broker must disclose any relevant information to a client, even if it's about a buyer's ethnicity, as long as the buyer consents.

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Federal vs. State Fair Housing Exemptions

The Fair Housing Act exempts the sale of a single-family home by an owner without a broker from certain requirements, but this exemption does not apply under California's Fair Employment and Housing Act.

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Owner-Occupied Single-Family Home Exemption

The Fair Housing Act does not apply to renting out a room in your own home, but California's law may apply.

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Rental of an Apartment: Exemption?

The Fair Housing Act does not apply to renting out an apartment in a building not occupied by the landlord, but California's law may apply.

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Sale of a Single-Family Home: Exemption?

The Fair Housing Act does not apply to selling a single-family home, but California's law may apply.

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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.

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