REE Ch. 21 - Human Rights and Fair Housing

Questions and Answers

List 2 steps a broker should take to ensure compliance with fair housing laws.

Prominently display the Equal Opportunity Poster; 2. Provide ongoing training and education to all affiliated licensees.

What is significant about the Fair Housing Amendments Act of 1988?

It added handicap and familial status to the list of protected classes.

Describe the exemption that exists for familial status discrimination.

Housing for older persons is exempt if it is specifically designed for and occupied by elderly persons, occupied solely by persons who are 62 or older, or houses at least one person who is 55 or older in at least 80 percent of the occupied units.

If a person feels like he or she has been discriminated against, how long does that person have to file a complaint?

With HUD - within one year; in state or federal court - within two years of the alleged act. Signup and view all the answers

What was the significance of the Plessy v. Ferguson Supreme Court decision of 1896?

This decision allowed the use of 'separate but equal' racially-segregated accommodations and facilities. Signup and view all the answers

Why is it important for licensees to understand the Americans with Disabilities Act?

Brokers need to evaluate physical changes to their office space for compliance and inform clients about lease evaluations. Signup and view all the answers

What protected class or classes does New York State have in addition to those recognized by Federal Fair Housing laws?

Age, marital status, military status, sexual orientation. Signup and view all the answers

What would you say about Alex Jones's actions in refusing to rent to families with children?

Alex is within the guidelines of New York fair housing law since he is the owner of a two-family dwelling. Signup and view all the answers

List three activities that are considered discriminatory in real estate.

Refusing to sell, rent, or negotiate with a member of a protected class; telling persons a property is not for sale or rent; denying membership in any MLS. Signup and view all the answers

What would you say about Sally's behavior in guiding her senior citizen buyers away from a neighborhood with children?

Sally is guilty of steering, which is prohibited by Fair Housing laws. Signup and view all the answers

What is blockbusting?

Blockbusting is making a profit by inducing owners to sell by telling them that persons of a protected class are moving into the neighborhood. Signup and view all the answers

Provide four examples of discriminatory words or phrases regarding handicap when writing an ad.

No wheelchairs, able-bodied persons only, no deaf, no handicapped parking. Signup and view all the answers

What is testing in the context of fair housing?

A simulated housing transaction designed to obtain evidence of differential treatment based on an individual's protected class status. Signup and view all the answers

How can testing be beneficial?

Testing can demonstrate a real estate agency's innocence when faced with a fair housing complaint. Signup and view all the answers

What is a nonsolicitation order?

A directive to all real estate brokers and salespersons to refrain from soliciting listings for the sale of residential property within a designated area. Signup and view all the answers

Study Notes

Fair Housing Compliance

Brokers should prominently display the Equal Opportunity Poster from HUD in all offices.
Ongoing training and education for affiliated licensees must include seminars, workshops, videos, and guest speakers.

Fair Housing Amendments Act of 1988

The act expanded protected classes to include handicap and familial status.

Familial Status Discrimination Exemption

Housing for older persons is exempt if:
- Specifically designed and occupied by elderly persons per government programs.
- Occupied solely by individuals aged 62 or older.
- At least 80% of units house at least one person aged 55 or older and have an intentional policy for 55+ occupancy.

Filing Discrimination Complaints

Complaints to HUD must be filed within one year of the incident.
Complaints in state or federal court must be filed within two years.

Plessy v. Ferguson Significance

The 1896 decision upheld "separate but equal" policies, legalizing racially-segregated facilities as long as they were deemed equal.

Understanding the Americans with Disabilities Act

Brokers must assess whether physical modifications are necessary to office spaces for compliance.
Licensees should inform commercial clients about the importance of lease evaluations and office inspections for ADA compliance.

New York State Protected Classes

In addition to federal laws, New York State recognizes:
- Age
- Marital status
- Military status
- Sexual orientation

Owner-Occupied Housing Exemption

Alex Jones, as an owner of a duplex where he occupies one unit, is allowed to refuse renting to families with children under New York fair housing law.

Discriminatory Activities in Real Estate

Activities considered discriminatory include:
- Refusing to sell, rent, or negotiate with members of protected classes.
- Lying about property availability.
- Denying MLS membership to certain individuals.

Steering Violations

Sally’s behavior of steering senior buyers away from homes in neighborhoods with children is a violation of Fair Housing laws.

Blockbusting Definition

Blockbusting is the practice of inducing sales by falsely warning homeowners that members of a protected class will negatively affect property values.

Discriminatory Language in Advertising

Discriminatory terms include phrases like "no wheelchairs" and "no deaf."
Non-discriminatory terms include "fourth-floor walk-up" and "wheelchair ramp."

Testing in Fair Housing

Testing involves conducting simulated housing transactions to gather evidence of discriminatory practices based on protected class status.

Benefits of Testing

Documentation from testing can demonstrate an agency’s compliance and innocence if faced with a fair housing complaint.

Nonsolicitation Orders

A nonsolicitation order restricts real estate brokers and salespersons from soliciting residential property listings in specific geographic areas.

Cease and Desist List

A cease and desist list is a registry directing brokers and salespersons against soliciting individuals in designated areas.

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Description

Test your knowledge on human rights and fair housing laws with this quiz. It covers essential compliance steps and significant legislation including the Fair Housing Amendments Act of 1988. Perfect for real estate professionals looking to enhance their understanding of fair housing practices.