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| true or false: Fair housing law first began with the civil rights act of 1866 which prohibited discrimination in housing based on race. |
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prohibited discrimination in housing based on race, color, religion or national origin.
In 1968 in a landmark decision, the Supreme Court in Jones v. Mayer ruled that discrimination on the basis of race is strictly prohibited. This means there can be NO EXEMPTIONS OR EXCEPTIONS with regard to race. |
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| true or false: title VI of the civil rights act of 1964 was enacted to prohibit discrimination on the basis of race, color or national origin in programs and activities receiving federal financial assistance. |
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| true or false: in 1974, the housing and community development act added sex to the list of protected classes |
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| true or false: in 1988, the fair housing amendments act added handicap and familial status |
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| list of protected classes of the Federal Fair Housing Act |
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race, religion, color, national origin, sex, handicap, familial status;
**Oklahoma's fair housing law adds "age" as a protected class |
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true or false: In buildings that are ready for first occupancy after March 13, 1991, and have an elevator and four or more units:
Public and common areas must be accessible to persons with disabilities.
Doors and hallways must be wide enough for wheelchairs.
All units must have all of the following:
An accessible route into and through the unit
Accessible light switches, electrical outlets, thermostats and other environmental controls
Reinforced bathroom walls to allow later installation of grab bars
Kitchens and bathrooms that can be used by people in wheelchairs |
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true or false: unless a building or community qualifies as housing for older persons, it may not discriminate based on familial status. that is, it may not discriminate against families in which one or more children under 18 live with one of the following persons:
A parent
A person who has legal custody of the child or children
The designee of the parent or legal custodian, with the parent or custodian's written permission. |
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true or false:
The Fair Housing laws allow for exemptions in some areas. However, please note as we stated earlier there are absolutely no exemptions, exceptions, or excuses for racial discrimination.
The Federal exemptions to the 1968-88 laws are listed below.
The sale or rental of a single-family home by an owner is exempt if the owner does not own more than three homes at one time, does not use discriminatory advertising and does not use a real estate licensee.
Rental of units in an owner-occupied, one-to-four family dwelling is exempt, as long as the owner does not use an agent to secure tenants.
Religious organizations may restrict housing to members of the same religious organization. Non-profit religious organizations can add a surcharge to the sale or rental of a property to a person that does not belong to their religious group, as long as the membership in the group is not limited by race, color or national origin.
Private clubs may restrict rental or occupancy of its dwellings to members only, as long as the dwellings are not commercially operated. However, the club may not discriminate in its membership requirements.
Senior citizen housing is exempt if the residents are at least 62 years old or 80% of the units are occupied by at least one person 55 or older (as we discussed on the previous page). |
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| true or false: the federal fair housing act is administered by the office of fair housing and equal opportunity (FHEO) under the direction of the secretary of housing and urban development(HUD) |
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| true or false: any person who believes he or she has been discriminated against, may file a complaint with HUD within 1 year of the alleged act. HUD may also initiate a complaint of its own |
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true;
When HUD receives a complaint, it will start an investigation. Within 100 days, HUD will determine if there is reasonable cause to charge discrimination or it will dismiss the complaint. |
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| During the investigation period, HUD can attempt to resolve the complaint by getting assurance from the person against whom the complaint was filed that he or she will remedy the alleged violation. This is called conciliation. A conciliation agreement must protect both the person filing the complaint and the public interest. If an agreement is signed, HUD will take no further action on the complaint. However, if HUD has reasonable cause to believe that a conciliation agreement is breached, HUD will recommend that the Attorney General file suit. |
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| true or false: in addition to or instead of filing a complaint with HUD, a person may file a suit in an oklahoma or federal court within two years of the alleged violation |
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| What is significant about the Fair Housing Amendments Act of 1988? |
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| it added handicap and familial status to the list of protected classes |
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| Describe the exemption that exists for familial status discrimination. |
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Definition
housing for older persons is exempt if one of the following conditions exists: The HUD secretary has determined that it is specifically designed for and occupied by elderly persons under federal, state or local government program.
It is occupied solely by persons who are 62 or older.
It houses at least one person who is 55 or older in at least 80% of the occupied units and adheres to a policy that demonstrates the intent to house persons who are 55 or older. |
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| Alex Jones owns a duplex and lives in one unit. He refuses to rent the other unit to families with children. What would you say about Alex's actions? |
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| Alex is within the guidelines of the Fair Housing Act since he is the owner of a dwelling that has less than four units, one of which is owner-occupied. |
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| If a person feels like he or she has been discriminated against, how long does that person have to file a complaint? |
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With HUD – within one year of the alleged act
In state or federal court – within two years of the alleged act |
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| Americans with Disabilities Act (ADA) which became effective in 1992 states: |
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| ADA mandates that persons with disabilities have equal access to jobs, public accommodations, government services, public transportation and telecommunications. It prohibits discrimination in the "full and equal enjoyment of goods and services" provided by public places, including hotels, shopping centers and offices, and it applies to the lease and operation of commercial facilities. |
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| The Department of Justice may file lawsuits in federal court to enforce the ADA, and courts may order compensatory damages and back pay to remedy discrimination if the Department prevails. The Department of Justice may also obtain civil penalties of up to $55,000 for the first violation and $110,000 for any subsequent violation. |
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| in regards to ADA, small businesses that serve the public must remove physical "barriers" that are "readily achievable," which means |
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Definition
| easy to accomplish without much difficulty or expense. The "readily achievable" requirement is based on the size and resources of the business, so larger businesses with more resources are expected to take a more active role in removing barriers than small businesses. |
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| true or false: Renovations or modifications are considered to be alterations when they affect the usability of the space, for example, installing a new display counter, replacing fixtures or flooring, or replacing an entry door. However, simple maintenance such as repainting a wall is not considered an alteration by the ADA. |
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| In mortgage lending, keep in mind that it is also illegal to: |
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| Advertise or make any statement that indicates a limitation or preference based on race, color, national origin, religion, sex, familial status, or handicap. This prohibition against discriminatory advertising applies to single-family and owner-occupied housing that is otherwise exempt from the Fair Housing Act. |
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| Making a profit by inducing owners to sell by telling them that persons of a protected class are moving into the neighborhood which will have detrimental results, such as the lowering of the property values, an increase in criminal behavior or a decline in the quality of the schools in the area. Blockbusting – also called panic peddling or panic selling – includes subtle as well as obvious actions or inducements. |
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| – Channeling homebuyers toward or away from homes in certain neighborhoods in order to preserve or alter the makeup of that neighborhood. Some examples of steering would be showing a white couple properties in areas that are occupied only by other whites or showing African- American buyers homes that are in integrated areas or areas occupied only by African Americans. |
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| Restricting the number of loans in certain areas of a community because of its racial or ethnic makeup. The usual justification for redlining is that the lender wants to limit the risks in a deteriorating area. The lender then discriminates against the whole class of risks rather than distinguishing among the individual risks. |
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| true or false: In an effort to help lenders meet the needs of the persons in their respective communities, including low-income persons, the Community Reinvestment Act requires the periodic evaluation of a lender's lending record. In a process known as filtering down, dwellings that were formerly occupied by middle- and upper-income families decline in quality and value and become available to lower-income families. Lenders are encouraged to make loans on these properties to lower-income families to prevent the deterioration of the community. |
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| true or false: It is probably safe to say that any advertising that describes the property would be considered acceptable, while advertising that describes buyers could be considered discriminatory, especially if the buyers are from a protected class. |
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| a simulated housing transaction designed to obtain evidence of differential treatment based on an individual's protected class status." Basically, what this means is that testers with similar profiles and housing needs, but different in their protected class status (for example, in race or sex), visit a real estate office and ask to see the same available unit to ascertain if they are treated differently because of this protected class status. |
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| Why is it important for licensees to understand the Americans with Disabilities Act? |
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| Brokers need to evaluate whether they need to make physical changes to their office space to comply with the law. Licensees should inform their commercial and investor clients of the need to have their leases professionally evaluated and their offices inspected for compliance. |
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| List three activities that are considered discriminatory in real estate. |
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Refusing to sell, rent or negotiate with any person who is a member of a protected class
Telling persons that a property is not for sale or rent when it is
Denying membership in any multiple listing service (MLS) or any broker's organization |
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| How is "testing" defined? |
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| A simulated housing transaction designed to obtain evidence of differential treatment based on an individual's protected class status |
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| What if a buyer asks you a question about the minorities living in a specific area? |
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Definition
It would be inappropriate and dangerous for you to answer this question. You could be in a lot of trouble for doing so.
However, you could refer the buyer to experts in this field -- someone who would actually be in possession of the demographics in a particular area. This way, the buyer gets a factual answer to his or her question, and not your opinion, which may or may not be a representation of the true statistics. Even if your opinion is fairly accurate, you are safest to avoid answering questions of this nature. |
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| If a client asks you a specific opinion question, such as, "Would you live in this home or this neighborhood?" |
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| it is illegal to voice an opinion based on race, religion, color, national origin, sex, handicap, familial status or any of the protected classes. It is okay to make factual statements based on various features within the home. |
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| You may run across a buyer who is genuinely interested in living in an area where he will be surrounded by members of his own race. If someone asks for the "black" or "Jewish" areas, what do you do? |
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Well, for one, you need to explain to the buyer that you, ethically and legally, cannot recommend housing based upon the race, religion, color, national origin, sex, handicap, or familial status makeup of the neighborhood.
Remember, selecting properties based on the ethnic makeup of the neighborhood could easily bring about a "steering" charge against you. |
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A real estate professional should make it clear from the beginning that his or her brokerage does take fair housing laws seriously. Before even entering into a listing agreement, a real estate professional should explain the importance of fair housing compliance and secure a commitment to this before agreeing to list the house. This way, if the seller chooses not to follow the fair housing laws, the licensee or broker can refuse the listing.
This discussion and the listing agreement should make it clear that the licensee will observe five rules in dealing with the listing and resulting prospective buyers. |
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Definition
1. the prospective buyer will only be described in terms that do not include race, religion, color, national origin, sex, handicap, familial status or other protected class status.
2. the prospective buyers will be identified not by name, but by occupation, present residence, or other characteristics of the buyer which could not identify them as members of a protected class.
3. The facts of the offer should be carefully documented so that the broker cannot be charged with failure to present the offer in a fair and nondiscriminatory manner.
4. the listing will be terminated if the seller refuses to consider an offer because the prospective buyer is a member of a protected class.
5. the supervisor and broker will be informed of any suspected attempts by the seller to illegally discriminate. |
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| If, as a real estate professional, you are posed questions about the buyer that have nothing to do with the sale, you have to handle the situation carefully. If you are asked about the color, religion, ethnicity, familial status or other "protected class" characteristics of the buyers, you must tell the seller |
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| it is inappropriate for you to give out such information. The seller cannot withhold property from a "protected class" individual, and the real estate professional must definitely not be involved, should this happen. If so, both the seller and the agent or broker could be found in violation of the law. |
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