Podcast
Questions and Answers
What is an example of blockbusting as defined in fair housing laws?
What is an example of blockbusting as defined in fair housing laws?
Which of the following actions would be considered illegal under Section 804?
Which of the following actions would be considered illegal under Section 804?
Which of the following would NOT be considered housing discrimination?
Which of the following would NOT be considered housing discrimination?
Which statement best describes the Fair Housing Act?
Which statement best describes the Fair Housing Act?
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What is best definition of Steering below?
What is best definition of Steering below?
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Which term refers specifically to the physical traits associated with people of shared ancestry?
Which term refers specifically to the physical traits associated with people of shared ancestry?
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What does the term 'color' specifically pertain to in the context of protected classes?
What does the term 'color' specifically pertain to in the context of protected classes?
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Which protected class is defined by an individual's country of birth or ancestry?
Which protected class is defined by an individual's country of birth or ancestry?
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Which of the following best describes the protected class of religion?
Which of the following best describes the protected class of religion?
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What is included under the definition of 'protected classes' in housing laws?
What is included under the definition of 'protected classes' in housing laws?
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Which of the following conditions would be considered a violation of fair housing laws regarding familial status?
Which of the following conditions would be considered a violation of fair housing laws regarding familial status?
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What constitutes a denial of reasonable accommodations in the context of disability rights?
What constitutes a denial of reasonable accommodations in the context of disability rights?
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Which factor is NOT considered when evaluating claims of sexual harassment in housing?
Which factor is NOT considered when evaluating claims of sexual harassment in housing?
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Under fair housing laws, which situation is a form of discrimination based on sexual orientation or gender identity?
Under fair housing laws, which situation is a form of discrimination based on sexual orientation or gender identity?
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What aspect of design and construction in multi-family housing is mandated by fair housing laws?
What aspect of design and construction in multi-family housing is mandated by fair housing laws?
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Which individuals are considered to be covered under fair housing laws related to disabilities?
Which individuals are considered to be covered under fair housing laws related to disabilities?
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What is required for a request for reasonable modifications for a dwelling?
What is required for a request for reasonable modifications for a dwelling?
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Which situation is NOT protected under fair housing laws regarding disabilities?
Which situation is NOT protected under fair housing laws regarding disabilities?
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What does a request for accommodation generally involve in the context of disability rights?
What does a request for accommodation generally involve in the context of disability rights?
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Who is excluded from the protections offered by fair housing laws regarding mental or physical disabilities?
Who is excluded from the protections offered by fair housing laws regarding mental or physical disabilities?
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What information must be established for a housing provider to process a request related to a disability?
What information must be established for a housing provider to process a request related to a disability?
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Which of the following is NOT a requirement when making a request for accommodation?
Which of the following is NOT a requirement when making a request for accommodation?
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What should be included in a request for reasonable accommodations to adequately demonstrate need?
What should be included in a request for reasonable accommodations to adequately demonstrate need?
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In the context of disability accommodations, who may submit a request on behalf of a qualified individual?
In the context of disability accommodations, who may submit a request on behalf of a qualified individual?
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Which of the following statements is true regarding requests for accommodations from housing providers?
Which of the following statements is true regarding requests for accommodations from housing providers?
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Study Notes
Fair Housing Laws
- Fair Housing: Decisions about housing eligibility should be based on qualifications, not protected characteristics.
- Protected Characteristics: These include race, color, religion, national origin, sex, familial status, and disability.
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Section 804 of the Fair Housing Act (42 USC 3604): Prohibits discrimination in the sale or rental of housing.
- Prohibited Actions: Refusing to sell or rent, discriminating in terms or conditions, making discriminatory advertisements, falsely stating housing unavailability, inducing sales based on protected characteristics (blockbusting), and discrimination based on disability.
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Section 805 of the Fair Housing Act (42 USC 3605): Prohibits discrimination in residential real-estate related transactions.
- Prohibited Actions: Making real-estate transactions unavailable, discriminating in terms of transactions, and discriminating in areas like sales, loans, appraisals, insurance, and inspections.
Protected Classes under the Civil Rights Act of 1968
- Race: Refers to physical characteristics shared by people with common ancestry.
- Color: Encompasses skin pigmentation, an aspect of an individual's physical appearance.
- Religion: Includes both participation in organized religious practices and the absence of affiliation with any specific religion.
- National Origin: Indicates an individual's country of birth or the origin of their ancestors, encompassing ethnicity and cultural heritage.
Sex
- Prohibited discrimination based on biological sex, male or female
Sexual Harassment
- Prohibited discrimination based on unwanted sexual advances
- Unwelcome sexual requests
- Other verbal or physical harassment of a sexual nature
Domestic Violence Survivors
- Protection for individuals who have experienced domestic violence
- This includes threats of domestic violence, and violence against family members or intimate partners
Sexual Orientation and Gender Identity
- Prohibited discrimination based on an individual's sexual orientation and gender identity
- This includes protections for lesbian, gay, bisexual, transgender and queer individuals
Familial Status
- Prohibited discrimination based on having children under the age of 18 in the household, or pregnancy
- This includes discrimination based on marital status, parental status, or the existence of children
Disability
- Protection against discrimination based on mental or physical disabilities
- This includes protection against denial of services due to disability
- Prohibits denial of requests for reasonable modifications or reasonable accommodations related to disability
Design & Construction of Multi-family Housing
- Regulations ensure accessibility for individuals with disabilities in the design and construction of multi-family housing
Who is covered by the Fair Housing Act?
- Individuals with a physical or mental impairment are protected.
- Individuals with a record of such an impairment are protected.
- Individuals who are regarded as having an impairment are protected.
Who is NOT covered by the Fair Housing Act?
- Juvenile or sex offenders are not protected, due to their status.
- Persons currently using illegal controlled substances are not protected.
- Individuals with a disability whose tenancy would constitute a "direct threat" are not protected, unless the threat can be eliminated or significantly reduced.
Key Protections for Individuals with Disabilities
- Denial of services because of a mental or physical disability is prohibited.
- Denial of requests for reasonable modifications is prohibited.
- Denial of requests for reasonable accommodations is prohibited.
- Design and construction of multi-family housing must comply with accessibility standards for individuals with disabilities.
Reasonable Modifications
- A reasonable modification is a physical alteration of a dwelling and/or public and common areas that will afford a person with a disability full use and enjoyment of the dwelling.
Reasonable Accommodations
- A reasonable accommodation is an alteration to rules, policies, practices or services to afford a person with a disability equal opportunity to use and enjoy the dwelling unit, including common use areas, by ameliorating the symptoms of the disability.
Housing Provider's Right to Know
- Housing providers can request specific information about a person's disability if it is necessary to understand their need for a reasonable accommodation.
- The request cannot ask for a person's diagnosis or treatment plan, unless the provider already knows or can visibly see the disability.
- The person must demonstrate a "nexus" between their disability and the request for accommodation. This means the person must show a connection between their disability and their specific need for the accommodation.
- The accommodation must be necessary because the person's disability limits a major life activity, and this limitation relates specifically to the request and the need for that accommodation.
- The person must explain how their disability affects their daily activities, and how the accommodation will help them to minimize the impact of their disability on their major life activities.
- By granting the request, the housing provider must provide an equal opportunity to use and enjoy the premises for the person with a disability.
- Housing providers cannot require a person to submit their request in any specific language or form.
- Requests can be made verbally, in writing, or through another format.
- Requests for reasonable accommodation can be made on behalf of a person by another individual.
- A visitor with a disability may also submit a request for accommodation, but it is the responsibility of the resident to ensure that the request is complied with.
- Housing providers cannot require a person to waive their HIPPA protections when requesting a reasonable accommodation.
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Description
Test your knowledge on Fair Housing Laws and the protections against discrimination in housing. This quiz covers key components like Section 804 and Section 805 of the Fair Housing Act, as well as the protected characteristics that should not influence housing eligibility decisions. Understand the legal framework that ensures equal housing opportunities for all.