History – 617 words – Flashcard Answers

Equal opportunity for those white males that owned property. After the American Revolution (during President Jackson's term) the common man began to be included in the American quest for equal opportunity.

Ended in 1865 and was followed by the Reconstruction Period.

Prohibits discrimination based on race Passed by Reconstruction Congress was to create equal opportunity at the federal level. All citizens of the US shall have the same right in every state..enjoyed by white citizens to inherit, purchase, lease, sell, hold, convey real personal property.

US Supreme Court established separate but equal doctrine. Equal opportunity could be achieved by racial segregation. That promoted segreagation. The supreme court only prohibited racial, government discrimination such as racial zoning. Not private discrimination which made the 1866 act ineffective combating private discrimination.

1948 Supreme Court decision that judicial enforcement of agreements barring persons from ownership or occupancy of real property on racial grounds is forbidden by the 14th amendment.Also, determined that enforcement of racial covenants by federal courts violated the Due Process Clause of the 5th Amendment to the US Constitution.

Private agreements with restrictions for the occupancy or ownership of real property on racial grounds were still permitted as long as the state was not called upon to enforce the private agreements. Private agreements destroyed restrictive covenant since could not be enforced by any court.

1962 Kennedy signed an executive order prohibiting discrimination in housing owned, operated, or assisted by the federal governament. The ordered required all Fed. agencies to prevent discrimination based upon race, color, creed or national origin. It had little impact on housing market.

District Court for Easter District of Missouri. Refused to sell a home tin the Paddock Woods community of St Louis County because he was NEGRO. The court ruled it was prohibited discrimination based upon the CRA of 1866 the constituionality rested upon the 13th amendment.

Section 1. Neither slavery nor involuntary servitude, except as punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction. Section 2. Congress shall have the power to enforce this article by appropriate legislation. (Ratified December 1865.) * Superseded by section 3 of the Twentieth amendment.

released in 1968 focused on problems associated with segregated housing and schools as a major cause of racial disorder of the mid- 1960's. the CRA of 1968 was passed soon after the release of the Kerner Commission Report.

1974 added sex (gender) to the list of protected classes provided for in the 1968 CivilRA

1988 added handicap status and familial status.This act amends the Fair Housing Act of 1968 by prohibiting discrimination in housing based upon disability or familial status (presence of child under 18, pregnant women). The 1988 amendments also create an exemption to the provisions barring discrimination based upon familial status for those housing developments that qualified as housing for persons age 55 or older. The act also strengthened the administrative and judicial enforcement process for HUD complaints and provided monetary penalties in cases where housing discrimination was found.

1974 was designed to prevent discrimination in lending practices. For housing and other types of consumer loans.

race, color, religion, national origin, sex, age, marital status, and those on public assistance income.

The laws above are collectively the Fair Housing Act.prohibits discrimination in housing and lending practices based on race, color, religion, sex, handicap, familial status, or national origin. Also protects discrimination because of association with protected class.

a.k.a., Title VIII of the Civil Rights Act of 1968) - Prohibits discrimination in housing based on race, color, religion, or national origin

Prohibits discrimination against persons with disabilities in any program or activity receiving federal financial assistance. Any housing that receives federal funds, in whole or in part, directly or indirectly (such as loan guarantees), falls within the scope of this act.

Prohibits discrimination in housing based upon sex

Prohibits discrimination in lending based upon race, color, religion, national origin, sex, age, marital status, and because a person may be on public assistance income.

Title II of the ADA prohibits discrimination against a person with disabilities in all services, programs, and activities made available by state and local governments, including those that do not receive federal financial assistance.

Makes several changes to the 55 and older exemption provided for in the 1988 amendments to the Fair Housing Act.

Race Color Country of national origin Religion Sex Handicapped individuals (disability) Familial Status (families with children under 18 and pregnant women)

Administers federal housing laws.

Make their own, may be more restrictive. federally funded local government programs are subject to section 504 of the Rehabilitation act of 1973 and the American with Disabilities act of 1990

-refuse to rent or sell -refuse to negotiate for housing -to make housing unavailable -to deny a dwelling -to process an application more slowly, delay, hinder, avoid the sale, or financing of property. - to set different terms/privelages -provide differing housing or services -falsely deny housing is available -to channel or steer -to persuade to sell or rent (blockbusting) -deny a person access or membership -to refuse to make a loan -to refuse to provide info regd loan -t0 impose different terms- interest, fees -to discriminate when appraising -to threaten, coerce, intimidate or interfere with anyone who exercises rights. -to advertise any statment that indicates a limitation or prefernce based on the seven protected classes and it applies to single family and owner-occupied housing that is otherwise exemp from the FHA. -to refuse to let make reasonable modifications, at their expense for disabled. -to refuse to make reasonable accommodations to rules, policies, practices for services, for the disabled person.

falls into two categories: private sector and public sector.

Rental housing of four or fewer apts. where the landlord is living in one

Single Family housing that is rented or sold by an owner who does not use a broker, real estate agent, or any form of advertising and the owner does not own more than three such homes at one time. Only one such sale by An owner who does not live in the dwelling at the time of the transaction, or who is not the most recent occupant, is exempt from the law within any 24- month period.

Dwelling units owned by a religious organization may be restricted to members of that religious organization so long as the membership in the religion is not limited because of race, color, or national origin.

Private clubs that are not open to the public may restric the rental of its lodging units to members of the club, so long as the lodging units are not operated commercially.

Housing does not have to be made available to any individual whose tenancy would pose a threat to the health and safety of other tenants or would result in potential substantial physical damage to the property being rented.

WARNING REGARDING DISCRIMINATION BASED ON RACE: The Jones v. Mayer Supreme Court decision, in upholding the Civil Rights Act of 1866, prohibits all discrimination, without exception, based upon race. Therefore, none of the above exemptions applies in the case of race. In addition, the Supreme Court has expanded the definition of race to include ancestral and ethnic characteristics, which may include cultural, linguistic, or physical characteristics that may be commonly shared by a national origin group.

One cannot be discriminated against (protected classes) in the private sector -Property owners -Lenders -Sellers -Banks - Management companies -Real estate licensees -Building managers -Agents, owners, or landlords -Rental agents

If supported in any way by federal funds housing considered public housing and protected under the civil rights act of 1866 and Fair Hou Act of 1968 Housing and Comm Dev Act 1974 Fair Hou Amendmnt Act 1988 Equal Credit Opp Act 1974 The Rehab. Act of 1973 The Americ. W/Disab. Act 1990 extends to all "public entities" regardless of fed funding.

Prohibits discrimination based on a disability or handicap in housing practices by requiring reasonable accommodations to be made for those persons having a disability requiring certain construction standards for multi-family dwellings built for first time occupancy after March 1991.

Applies to public housing or public-assisted housing providers that receive federal dollars directly or indirectly.

The section of this act applicable to housing is Title II, which extends protection to those with disabilities to all public entities. Public entities are state and local governments or authorities, regardless of whether they receive any federal funding for a specific program.

Must meed fed definition of disability defined by statute under Fair Hou Act of 1988, sec 504 fo the rehab act of 1973 and the A.D. Act of 1990. Physical or mental impairment that substantially limits one or more major life activities.

breathing, walking, hearing, seeing, learning, spaking, or working.

May also be defined in terms of a record or past history of having a disability. Therefore if the disability was in the past and that past impairment is now used as the basis for current discrimination it is prohibited.

compulsive gambling, pyromania, or kleptomania psychoactive substance-use disorders resulting from the current use of illegal drugs. Transvestitism, transsexuals, pedophilia, exhibitionism,gender-identity disorders not resulting from physical impairments, or other sexual behavior disorders Homosexuality and bisexuality Persons that pose threat to safety of others.

Providing notes to visually impaired. modifying a "no pet" policy to permit a guide dog. Giving a reminder call on the day before the rent is due for those with cognitive disabilities. using alternative pest control methods for those with allergies. Providing a reserved parking spot near the disabled person's unit in an apartment complex that only has unassigned parking.

lowering cabinets if in wheelchair installing grab bars in bathroom change door knobs for those with hand disabilities. installing an electric range and oven replacement for those allergic to gas lowing switches for those in wheelchairs. installing visual alarm systems for hearing impaired

MODIFICATIONS THAT MIGHT BE NECESSARY TO COMMON AREAS, such as the lobby, main entrance, or laundry room, are to be made at the expense of the owner in the event modifications are necessary for the full use and enjoyment of the housing by the disabled person.

New Construction requirements after march 13 1991 including accessibility features (building with 4 or more units) Include: Accessibility to public and common area accessible entrances usable doors and hallways for wheelchairs light switches, plugs thermostats at right height Kitchen counter top floor surfaces, cabinets, appliance arrangement. reinforced walls to install grab bars bathroom fixture arrangements to permit wheelchair access.

ADA not law, per se. The act addresses discrimination in the areas of employment, public services, public accommodations,. ADA does not apply to residential facilities that are covered under the Fair Hou Act of 1988.

Include facilities used for temporary lodging, food and drink establishments,convention centers of auditoriums, sales or rental (retail stores), service establishments (attorneys, accountants, brokers) public transportation, parks, education facilities, recreational facilities.

Those whose operations affects commerce. Factories, office building warehouses awnd any facility where employment may occur.

provide detailed specification for designing parking spaces, curb ramps, elevators, drinking fountains, toilet facilities, and directional signs.

The ADA under title 3 requires that architectural and communication barriers in the existing facilities must be removed where such removal is "readily achievable"

Ensures that a disabled person is not denied services or treated differently, unless the public accommodations can demonstrate significant difficulty or expense in providing of the auxiliary aids and services.

title 3 requires that public accommodations and commercial facilities make accessible all primary function areas. meeting rooms restrooms and other main rooms.unless the cost to do so is disproportionate to the overall alteration.

All New construction of public accommodations and/or commercial facilities must be designed and constructed to ensure access to facility.

NOTE: ALL REAL ESTATE PRACTITIONERS DEALING WITH COMMERCIAL FACILITIES OR PUBLIC ACCOMMODATIONS SHOULD ADVISE THEIR CLIENTS TO SEEK THE ADVICE OF ATTORNEYS, architects, or consultants who specialize in ADA compliance. The ADA compliance rules and regulations are very technical and beyond the scope of this course.

Economic Credit Opportunity Act (ECOA) prohibits discrimination of the basis of sex or gender with respect to credit transactions.

Fair Hou Act 1988 protect families. It is unlawful to deny housing to families with children under 18 living with parents. Single exception is housing for older persons.

Fair Hou Act of 1988 1.Housing provided under state and fed programs specifically for elderly. 2. Housing intended for and solely occupied by persons 62 years and older. 3.Housing in communities known as retirement communities by one person whi is age 55 or older. thus 20% of the units may be occupied by one person less than 55 and still be able to refuse families. However when less than 80 % of the units are occupied by a person less than 55 families with children may not be barred.

must demonstrate owner adheres to policy and procedures or by publication demo the intent to provide housing for 55 years and older.

must show the existance of "significant facilities and services specifically designed to meet the physical and social needs of older persons". if owner can show intent to provide and cal demonstrate economic factors that would make implementation prohibitive, community may still qualify.

First, eliminated 55 and older requirement of "significant facilities and services" Second, HOPA establishes "good faith reliance" immunity from damages for persons in good faith believe that 55 older exemption applies to a property and if the property owner formally stated in writing that it qualifies for exemption.

SPECIAL NOTE ABOUT MOBILE HOME PARKS: It is often assumed that mobile home parks may exclude families with children. This assumption is often made because mobile homes are often the only affordable housing available to older persons and, consequently, older persons tend to have a high concentration in mobile home park communities. The federal law does not allow exclusion from mobile home parks because of familial status (child under the age of 18 or pregnant woman) unless all the required factors discussed above are met under the retirement community classification.

Refusing to make mortgage loans or issue insurance policies in specific geographical areas for reasons other that the qualification fo the applicant. Lender can consider conditions of a neighborhood to avoid bad business decision.

Is discouraging buyers from considering certain neighborhoods or channeling buyers to particular neighborhoods.

common during 1950's and 60's. Moving inner city populations to the suburs with resulting negative impact on the property values for fear the minorities entering the neighborhood will bring down property value. Owners usually sell at depressed prices to the blockbuster and blockbuster will sell same property at a higher price to another making a profit.

When a white community changes into a predominantly black or other racial minority community. Supplying truthful and factual information about the racial composition of a neighborhood in response to a buyer's stated desire to live in a neighborhood of a particular racial composition, is not a prohibited activity.

An Agent may not discriminate and has the burden to prove that he/she did not. If the request is that of the buyers for a specific neighborhood, then that customer's preference is nondiscriminatory under the supreme courts ruling.

professionals who prepare appraisals or statements of property value may consider all factors that affect value except factors of race, color, religion, national origin, sex, handicap, and familial status. Including sales of like-kind properties from MLS or county records in depressed neighborhoods.

Any type of advertising that includes language indicating a preference or limitation on the type of people to which a property is available to buy or rent is discriminatory. Any type of advertising that has a discriminatory impact is also prohibited.

Close to downtown Den Family Room Near (such as "near UCLA") No smoking/drinking Number of bedrooms One apartment Play area Privacy Private setting School district Schools Secluded Security provided Senior discount Seniors (if certified by HUD as senior housing) Square feet Townhouse Tradition (style of home) View Walking distance to...

Adult (adult building, adult park, etc) Adults only Bachelor pad Black Blind Board approval Catholic church Christian Couple (couples preferred, couples only, etc.) Crippled Deaf Drinker(s) Ethnic landmarks Executive Exclusive Family (great for families) Female Gentleman's farm Grandma's house Handicap limitations (not suitable for) Integrated Jewish Male Man Marital status Membership approval Mentally handicapped Mentally ill Mentally retarded Mormon temple Muslim Name of religious school Nationality (Oriental, Hispanic, etc.) No children No play area Number of people Older person, senior citizen One child One person Oriental Physically fit person (ideal for or limited to) Private Race Religious landmark Religious name Restricted Retired Sex (except in advertising for roommates) Single Single person Smoker(s) - note, owner can establish rules relating to smoking on the premises Student Traditional (settings) Two people White Woman Words descriptive of dwelling landlord or tenants

Do not permit the selective use of advertising media that can be determined discriminatory.

Selective use of models, photographs, illustrations of people or ad content can be perceived as discriminatory against a protected class.Exclusive use of Englis only media in an area where minority media sources are also available.

FEHA (Rumford Act predecessor repealed in 1980 concurrent with the enactment of FEHA) prohibits discrimination in employment and housing in the state of California.

provides protection from harassment or discrimination in employment because of: age(40 and over) acestry, color, creed, denial of family and medical car leave, denial of pregnancy disability leave, disability (mental and physical, including HIV and AIDS) marital status, medical condition (cancer and generic characteristics) sex, race, sexual orientation, genetic information, military or veteran status, national origin, race, and gender identity or expression

Persons who rent, lease, or buy a home are protected from discrimination based on their sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, or genetic information.

to discriminate against based on the covered or protected status in all aspects of housing including sales and rentals, evictions, terms and conditions, mortgage loans, insurance, land use, and zoning.

for any owner of housing to make or cause to make any written or oral inquiry concerning any protected class

For any person to make, print, publish, or cause to be made, printed, or published any notice, statement, or advertisment with respect to the sale or rental of housing that indicates any preference, limitation, or discrimination based upon membership in a protected status.

For any owner of housing to harass, evict, or otherwise retaliate against anyone who has filed a FEHA complaint, participated in a FEHA investigation, or opposed any activity prohibited by FEHA

Include improved or unimproved real property or any portion thereof which is used or occupied or is intended or designed to be used or occupied as the home, residence, or sleeping place of one or more persons.

includes not only anyone who has a legal or equitable right of ownership to rent, lease, or sell housing accommodations, but also include the managing agent, real estate broker or salesperson, the lessee, sub lessee, or assignee. The act also includes private persons including individuals, partnerships, associations, corporations, legal representatives, trustees in bankruptcy and other fiduciaries, as well as the state and any of its political subdivisions and any agency thereof.

is primarily initiated by private individuals who file a complaint with the california department of fair employment and housing DFEH. Complaint must be filed within one year unless person complaining did not become aware of the violation until after the first period had already expired. State attorney general can also file a complaint.

mediation conference, conciliation, or persuasive efforts.

may order the sale or rental of the housing accommodation if available the sale or rental of the next similar property that becomes available the payment of actual damages plus civil damages up to $1o,000 plus reimbursement of legal fees, punitive damages can be unlimited.

refusing to sell, rent or finance refusing to show property or give info discrimination in the negotiation sale or service related to loans or installments sales contracts offering discriminatory terms conducting any discriminatory business practice is prohibited making false statements processing a person's app more slwoly refusing to cooperate with another licensee because of race Discouraging the purchase or rental of property cz race Asking questions or making statements that imply racial or other bias. Exercising or encouraging coercion regarding area where person might live Soliciting rental or sales on discriminatory basis refusing to inform of wait list or future availability of propty. Discouraging rental or sale because of presence or absence of certain groups Giving different info to different groups refusing to accept rental, listing or financing because of race entering any agreement that forbids showing, selling, renting, financing, because of race Issuing any statment or advertisement that indicates preference except handicapped Placing or displaying selective advertisements to attact only a specific group. Except affimative marketing campaigns to attract races that may not otherwise be attracted to a certain area Quoting different prices or fees to different groups. Advising a prospect about property based on race or characteristics. Treating people in a discriminating way while providing property management services except differing charges for physically handicapped facility. Discriminating against property owners based on guest racial makeup Instructing or encouraging discrimination Using rules which limit a person's opportunity to benefit from MLS. Assisting anyone in sale, rental, financing of property when reasonable basis to believe person will discriminate. Participating in any activity that would promote panic selling.

is grounds for disciplinary action. The Bureau of Real Estate has the right to investigate any discriminatory conduct by a licensee and can discipline a licensee by a reprimand, license suspension, or revocation. In addition, discrimination is a violation of the REALTOR® Code of Ethics and may subject a licensee to disciplinary action by the local board of REALTORS®.

The California legislation that prohibits financial discrimination in housing. Effective January 1, 1978. Prohibits redlining.

Lending in areas where conventional financing has traditionally been unavailable. Increasing availability of housing to creditworthy persons. Ensuring the supply of decent and safe housing throughout California. Preventing the abandonment and decaying of neighborhoods.

Financial institutions from engaging in any discriminatory loan practices due, in whole or part, to the condition, characteristics, or trends in neighborhood or geographic areas surrounding the housing unit being financed. Also prohibited is any appraising practice that uses neighborhood trends based on changes in race, color, etc.

all state of California chartered savings and loan associations, state-chartered banks, personal property brokers, industrial loan companies, insurance companies, credit unions, thrift companies, and mortgage bankers. Federally-chartered banks or savings and loans are exempt from The Holden Act, but would be covered under federal law.

The Holden Act not only applies to the purchase of a single-family home or existing one-to-four unit owner-occupied dwellings, but also the financing to construct, rehabilitate, improve, or refinance one-to-four unit owner-occupied dwellings. **All applicants required to be given notice by financial institution of rights under the Holden Act and where questions and complaints can be addressed.

AIDS is considered a disability and is protected from discrimination.

California law requires disclosure of death in residence if occupant died in the past three years to any potential buyer. However only disclose AIDS if buyer asks must make truthful disclosure.

VAMA in 1975 provides a meaninful tool that promotes the achievement of fair housing laws without the force of government.

Promotion of affirmative marketing advertisement Use f Equal opp logo or slogan advertising the display of fair housing logo in RE, lender, and title offices. development of educational material to promote fair housing. recruitment of minority salaried employees in positions within real este Recruitment of minority brokers to joing NAR Effective use of local boards to process civil complaints violations.

HUD requires it posted to promote fair housing practives in the broker's place of business In the model of single-family sale or rental project.(not required in each unit) In any other place of business where a dwelling is offered for sale.