Fair Housing Practices and Responsibilities

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Questions and Answers

Which action could be considered an example of steering?

  • Showing minority clients properties only in predominantly minority neighborhoods. (correct)
  • Setting different commission rates based on the location of the property.
  • Advertising properties only in newspapers that target a specific racial group.
  • Refusing to show properties in a specific neighborhood to all clients.

A real estate agent includes the phrase 'perfect for a young family' in a property advertisement. Why might this violate fair housing laws?

  • It implies the neighborhood is not suitable for singles.
  • It explicitly excludes adults-only households.
  • It is a violation if children could damage the property.
  • It indicates a preference based on familial status. (correct)

What is the primary purpose of using testers in fair housing enforcement?

  • To assess the market value of properties in different neighborhoods.
  • To identify real estate agents who are engaging in discriminatory practices. (correct)
  • To mediate disputes between landlords and tenants.
  • To provide educational resources to potential homebuyers.

Under the Fair Housing Act, which of the following actions is permissible?

<p>Requiring a disabled tenant to pay for modifications to their rental unit. (B)</p> Signup and view all the answers

What is the legal consequence of violating a cease and desist order in a non-solicitation zone?

<p>Suspension or revocation of real estate license. (A)</p> Signup and view all the answers

In New York State, under what circumstances does the 'Mrs. Murphy's Exemption' apply?

<p>Only to owner-occupied two-family homes. (A)</p> Signup and view all the answers

Which of the following is a responsibility of a real estate brokerage regarding fair housing?

<p>Maintaining a fair housing office and providing ongoing training to staff. (A)</p> Signup and view all the answers

How does the Civil Rights Act of 1866 differ from the Fair Housing Act of 1968?

<p>The 1866 Act only prohibits discrimination based on race. (D)</p> Signup and view all the answers

Which of the following actions constitutes redlining?

<p>Refusing to approve loans for properties located in a specific geographic area due to its racial composition. (D)</p> Signup and view all the answers

What is the role of the Department of Housing and Urban Development (HUD) in fair housing?

<p>To create and enforce fair housing laws and address housing needs. (D)</p> Signup and view all the answers

A landlord refuses to rent to a qualified applicant because the applicant has a service animal. Which law is the landlord potentially violating?

<p>The Fair Housing Act of 1968. (D)</p> Signup and view all the answers

An agent notices another agent in their office is making discriminatory statements to clients. What is the appropriate course of action?

<p>Directly confront the other agent and report the behavior to the brokerage and relevant authorities. (C)</p> Signup and view all the answers

Which of the following scenarios best describes blockbusting?

<p>An agent encouraging homeowners to sell quickly due to the entry of a minority group into the area. (D)</p> Signup and view all the answers

According to the N.Y. State Human Rights Law, which of the following is a protected characteristic?

<p>Predisposing genetic characteristics. (D)</p> Signup and view all the answers

Which entity is responsible for establishing cease and desist zones in New York?

<p>The Secretary of State. (D)</p> Signup and view all the answers

A real estate agent is asked by a seller to only show their home to families. What is the agent's ethical and legal obligation?

<p>Explain that such a request violates fair housing laws and refuse to comply. (A)</p> Signup and view all the answers

What is a key difference between the Fair Housing Act and the Americans with Disabilities Act (ADA)?

<p>The Fair Housing Act applies to housing, while the ADA covers employment and public accommodations. (B)</p> Signup and view all the answers

Following the Jones vs. Mayer Supreme Court Decision (1968), what type of discrimination was prohibited in the sale or rental of property?

<p>All discrimination on the basis of race, both public and private. (C)</p> Signup and view all the answers

What does 'familial status' refer to under the Fair Housing Act?

<p>Having children under 18 living with parents or legal custodians. (C)</p> Signup and view all the answers

A landlord has a 'no pets' policy but refuses to allow a tenant with a documented emotional support animal. Which law are they potentially violating?

<p>Fair Housing Act. (C)</p> Signup and view all the answers

What should real estate agents do to stay compliant with fair housing laws when advertising properties?

<p>Focus on neutral descriptions of the property's features and location. (B)</p> Signup and view all the answers

A prospective buyer asks a real estate agent about the racial composition of a neighborhood. How should the agent respond?

<p>Decline to answer the question and explain that providing such information could violate fair housing laws. (B)</p> Signup and view all the answers

Which of the following is an example of an appropriate advertising message for a real estate listing?

<p>Two-bedroom apartment with updated kitchen. (A)</p> Signup and view all the answers

How should a real estate agent handle a situation where a seller explicitly directs them to discriminate against potential buyers?

<p>Withdraw from representing the seller. (D)</p> Signup and view all the answers

Why is it important for real estate agents to be aware of non-solicitation zones?

<p>Violating non-solicitation rules can lead to legal penalties and license suspension. (B)</p> Signup and view all the answers

If a disabled tenant makes modifications to a unit, who is generally responsible for the cost?

<p>The tenant is responsible for the costs, unless otherwise required by law. (D)</p> Signup and view all the answers

Which law prohibits discrimination based on race, color, religion, sex, or national origin?

<p>Civil Rights Act of 1964. (C)</p> Signup and view all the answers

What is the ruling in the 1896 Plessy vs. Ferguson Supreme Court case best known for?

<p>Separate is equal. (C)</p> Signup and view all the answers

Which Supreme Court case overturned the 'separate but equal' doctrine?

<p>Brown vs. Board of Education. (D)</p> Signup and view all the answers

What is the term for the decline in value of properties in neighborhoods that were once middle or upper-middle income?

<p>Filtering Down. (A)</p> Signup and view all the answers

What is the legal definition of 'disability' or 'handicap' in the context of fair housing?

<p>The consequence of an impairment that may be physical, cognitive, mental, sensory, emotional, developmental, or some combination of these. (D)</p> Signup and view all the answers

Why is offering different loan terms based on marital status a violation of fair lending practices?

<p>Marital status is a protected class under the N.Y. State Human Rights Law. (C)</p> Signup and view all the answers

Which action would be considered steering?

<p>Showing minority clients properties only in predominantly minority neighborhoods. (C)</p> Signup and view all the answers

Flashcards

Testers

Volunteers enforcing fair housing by posing as home seekers to check brokers' fairness.

Steering

Guiding home buyers to or away from certain neighborhoods based on race, which is illegal.

Blockbusting

The practice of inducing homeowners to sell quickly at low prices due to fear of minority groups entering the neighborhood.

Redlining

Refusal to lend money in a specific area, often discriminatory and therefore illegal.

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Americans with Disabilities Act (ADA)

A law prohibiting discrimination based on disability.

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Civil Rights Act of 1866

Federal law that prohibits discrimination based solely on race.

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Disability / Handicap

The consequence of an impairment that may be physical, cognitive, mental, sensory, emotional, developmental, or some combination of these.

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Fair Housing Act of 1968

Federal act preventing housing discrimination based on race, color, religion, sex, national origin, familial status and disability.

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HUD (Department of Housing and Urban Development)

Federal agency promoting housing and community development and enforcing fair housing laws.

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N.Y. State Human Rights Law

Protects against discrimination based on many factors (age, race, creed, etc.) within New York State.

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Steering

Guiding home buyers based on race.

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Blockbusting

The practice of inducing panic selling by suggesting that minorities entering a neighborhood will cause property values to decline.

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Cease and Desist List

A list of homeowners who don't want to be solicited by real estate agents.

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Civil Rights Act of 1866

Federal act that only outlaws housing discrimination based on race.

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Familial Status

A situation where a single person, pregnant woman or household with children under 18 living with parents or legal custodians might experience housing discrimination.

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Non-Solicitation Order

A rule which prohibits solicitation within a defined area.

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Testers

Volunteers who pose as home seekers to see if brokers deal fairly with all clients

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Civil Rights Act of 1964

Federal law that outlawed discrimination based on race, color, religion, sex, or national origin

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Steering

Guiding home buyers towards or away from certain neighborhoods based on their race.

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Blockbusting

Inducing homeowners to sell quickly by creating fear that minority groups will cause property values to decline.

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Redlining

Refusal to lend money within a specific area.

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Study Notes

  • Testers are volunteers from state or private agencies who pose as home seekers to ensure fair housing practices.
  • Steering is when real estate brokers guide home buyers to or away from certain neighborhoods based on race, which is illegal.

Broker & Salesperson Responsibilities

  • Maintain a fair housing office.
  • Advertise the presence of a fair housing office.
  • Uphold the concept of fair housing.
  • Have an in-house fair housing specialist to provide ongoing training and education.
  • Report any fair housing misconduct.

Advertising Messages

  • Appropriate advertising messages include: unit size, unit cost, and general location.
  • Inappropriate advertising messages include: "good for family with children," "good for retirees," or proximity to religious institutions.

Laws & Acts

  • The Americans with Disabilities Act (1990) prohibits discrimination based on disability.
  • The Civil Rights Act of 1866 prohibits all discrimination based on race.
  • The Fair Housing Act of 1968 protects buyers/renters from discrimination based on race, color, religion, gender, national origin, familial status, or disability.
  • Disability/Handicap refers to the consequences of an impairment (physical, cognitive, mental, sensory, emotional, developmental, or a combination).

Department of Housing and Urban Development (HUD)

  • HUD was established in 1965.
  • HUD aims to provide decent housing and living environments for all Americans.
  • HUD addresses housing needs, develops communities, and enforces fair housing laws.

N.Y. State Human Rights Law

  • This law protects against discrimination based on age, creed, race, color, sex, sexual orientation, national origin, marital status, disability, military status, domestic violence victim status, arrest record, conviction record, predisposing genetic characteristics, and familial status.

Exemptions

  • The single-family home exemption is also known as the "Ms. Murphy's exemption".
  • It applies to 2-family homes in NYS and 4 elsewhere.

Illegal Practices:

  • Steering: Illegally guiding prospective home buyers based on race.
  • Blockbusting: Inducing homeowners to sell quickly at low prices by creating fear related to minority groups entering the neighborhood.
  • Redlining: Illegally refusing to lend money in specific areas.

Brokerage Office Duties

  • Brokerage offices must advertise fair housing laws and ensure salespeople are familiar with them and receive continuing education on them.

Individual Agent Duties

  • Individual agents are responsible for staying updated on fair housing laws, including federal, NYS, and NYC laws.
  • Agents should know where non-solicitation zones are and exercise extra caution in those areas.

Modifications

  • Modifications inside a unit for a disabled tenant must be paid for by the tenant.

Cease and Desist List

  • This list contains homeowners who do not wish to be solicited by real estate brokers or salespersons.
  • Soliciting listed homeowners can lead to license suspension or revocation.

Familial Status

  • Includes single persons, pregnant women, or households with children under 18 living with parents or legal custodians.

Filtering Down

  • Filtering down refers to the decline in value of properties in formerly middle or upper-middle-income neighborhoods.

Jones vs. Mayer Supreme Court Decision (1968)

  • This decision allows Congress to regulate the sale of private property to prevent racial discrimination.
  • It bars all racial discrimination in property sales or rentals, both private and public.

Marital Status

  • Refers to whether a person is "married" or "single".

Non-Solicitation Order

  • This rule is adopted by the Secretary of State to prohibit solicitation in specific areas.
  • It is implemented after a public hearing shows that homeowners have been subject to intense solicitations that cause them to believe property values may decrease due to changes in the neighborhood.

Important Civil Rights Cases

  • Civil Rights Act of 1964: outlawed discrimination based on race, color, religion, sex, or national origin
  • Civil Rights Act of 1866: prohibits all discrimination on the basis of race only
  • Fair Housing Act of 1968: protects a buyer/renter of a dwelling from seller/landlord discrimination with regards to race, color, religion, gender, national origin, familial status, or disability
  • 1896 Plessy vs. Ferguson: concluded that 'separate is equal'
  • 1954 Brown vs. Board of Education: Supreme Court case which concluded that 'separate is NOT equal'

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