Questions and Answers
Is it a violation of fair housing law to refuse to show a sex offender a home?
False
With which agency can a complaint of discrimination be filed under the Texas Fair Housing Act?
Texas Workforce Commission Civil Rights Division (TWCCRD)
Which phrase, when used in advertising, would be considered unacceptable?
What is a 'substantial equivalency' fair housing law?
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May Hispanics live in predominantly African American neighborhoods?
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Complaints of discrimination under the Civil Rights Act of 1866 must be taken directly to which entity?
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What are 'paired testers'?
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Is there a difference in punishment for violating the racial aspects of fair housing law compared to complaints about familial status?
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Must a listing agent comply if a homeowner instructs not to show their property to a real estate investor?
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May a person with a neurological disease that affects muscle control live in an upscale white neighborhood?
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What law requires public reporting of economic and ethnic characteristics of neighborhoods served by lending institutions?
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Is it discriminatory to refuse to show a property to an undocumented worker?
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Do private homeowners who are for sale by owners need to comply with fair housing advertising law?
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What was determined by the National Advisory Commission on Civil Disorders after the race riots in 1968?
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What concerns the government regarding display advertising of new homes?
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If a woman who is a homeowner wants to take in a boarder, which advertisement would be considered discriminatory?
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Can tenants who are members of a protected class file a complaint if their landlord delays repairs to drive them out?
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Are words like 'desirable neighborhood' and 'master bedroom' acceptable in advertising?
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Which court decision undermined the Civil Rights Act of 1866?
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What law requires a report from lenders on their participation in community reinvestment efforts?
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What is the best way to comply with fair housing laws when creating real estate advertising?
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If a potential buyer is turned down for a loan, can they request an explanation?
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The federal Fair Housing Act of 1968 prohibits discrimination based on race, color, national origin, and religion.
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Which of these symbols should NOT appear in display advertising about homes?
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Is a property owner with fractional interest in rental units exempt from fair housing law if he sells his own home without a license holder?
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What has been the real estate brokerage community's role throughout history in segregation, integration, and equal housing?
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What specific issues might women confront when seeking a mortgage?
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Under the 'Mrs. Murphy' exemption, how many families can live in her house?
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Is it a violation of fair housing law to provide warnings about neighborhoods to buyers of a protected class?
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The Equal Credit Opportunity Act (ECOA) prohibits discrimination based on which factors?
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Would placing a for-rent advertisement stating 'kids OK' represent a violation of the Fair Housing Act?
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If police have been called to an apartment for domestic violence, may the leasing agent evict the woman involved?
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Is it proper to delay presenting a low offer from a minority buyer in hopes of a better offer?
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Is it a violation of fair housing law for a black family's offer to be turned away?
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Is it fair housing violation for a Catholic-owned hospital to refuse to sell property for family rentals?
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Which situation is considered discriminatory under the federal Fair Housing Act?
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Are lower-income individuals allowed to purchase homes in upper-income neighborhoods?
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Under fair housing law, a landlord may refuse to rent a room based on sex if a real estate agent is not involved.
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Who is protected under the handicap classification of the Fair Housing Act?
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Are all forms of media obligated to follow fair housing advertising law?
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Who is allowed to send paired testers to apartments to check for fair housing mistreatment?
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If a minority buyer requests to see properties only in 'white' neighborhoods, is it discriminatory for the agent to comply?
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If a Hispanic applies for an apartment and meets all criteria, can they still be denied for having a lesser-paying job?
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Study Notes
Fair Housing Laws Overview
- Sex offenders are not protected by fair housing laws; discrimination against them is permissible except where other laws apply.
- Discrimination complaints under the Texas Fair Housing Act can be filed with either the U.S. Department of Housing and Urban Development (HUD) or the Texas Workforce Commission Civil Rights Division (TWCCRD).
- Advertisements cannot indicate preferences for specific demographics, such as "no children under six years of age."
Legal Framework
- "Substantial equivalency" laws align closely with federal fair housing standards, involving the same protected classes and penalties.
- Ethnic groups, including Hispanics, are protected classes, permitting them to reside in any neighborhood regardless of the predominant demographics.
- For complaints regarding the Civil Rights Act of 1866, actions must be taken directly to federal courts.
Testing and Discrimination
- "Paired testers" are individuals who pose as different applicants to assess discrimination by landlords.
- Punishments for violations of familial status and racial discrimination under fair housing laws are equivalent, upholding civil rights for families.
Fair Housing Violations
- Real estate agents are allowed to refuse service to non-protected classes, such as investors.
- Individuals with disabilities have the right to live anywhere without discrimination.
- Redlining practices are counteracted by the Home Mortgage Disclosure Act (HMDA), requiring lenders to report neighborhood demographics.
Advertising and Discrimination
- FSBO (For Sale By Owner) must adhere to fair housing advertising laws; discrimination in advertisements is illegal.
- Certain expressions in advertisements, like "kids OK," can imply preference and therefore violate the Fair Housing Act.
- The Equal Credit Opportunity Act permits rejected borrowers to request reasons for denial.
Historical Context
- The Fair Housing Act of 1968 prohibits discrimination based on race, color, national origin, and religion.
- The Civil Rights Act of 1866 was undermined by the Plessy v. Ferguson decision, establishing the "separate but equal" doctrine.
Compliance and Reporting
- The Community Reinvestment Act (CRA) mandates lenders to provide reports on housing and community development involvement.
- Fair housing laws extend to all media types, including online platforms.
Protected Characteristics
- Women, particularly those who are widowed or divorced, may face unique challenges in obtaining mortgages due to credit ratings.
- The handicap classification under the Fair Housing Act includes individuals with mental health issues.
- Local rental laws differ if the landlord operates without a real estate agent, allowing for limited legal discrimination in personal-owned dwellings.
Agent Responsibilities
- Agents must present all offers without delay, regardless of the buyer's demographic background.
- Tenants who feel targeted for harassment or neglect based on race or familial status can file complaints.
- Non-citizens are protected under fair housing laws, making discrimination based on national origin illegal.
Summary of Key Definitions
- All forms of real estate can be challenged legally for discriminatory practices, emphasizing the importance of equitable treatment for all individuals seeking housing.
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Test your knowledge of fair housing laws with these flashcards. Explore key concepts, violations, and protections under the law, specifically focusing on discrimination in housing practices. Perfect for anyone studying real estate or law.