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57 Cards in this Set
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- Back
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Civil rights act of 1866 |
Prohibited discrimination in housing based on race or color |
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Civil rights act of 1964 |
Federal legislation that prohibited discrimination on the basis of race color religion sex or national origin |
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Civil rights act of 1968 |
Congress passed the civil rights act of 1968 TITLE 8 of this act also known as the FAIR HOUSING ACT prohibited discrimination in real estate practices this access it is unlawful to refuse to sell rent or negotiate with any person because of that persons inclusion in a protected class |
The goal is a unitary housing market where a persons background does not restrict or limit them to good, fair housing. |
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The Fair Housing Act is? |
Federal Law that prohibits discrimination in housing |
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Protected Classes |
Race color religion national origin sex disability familial status |
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What is not a protected class under the Fair Housing act? |
Sexual orientation |
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Familial status |
Families who have children under the age of 18 are Protected under the Fair Housing Act |
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Protected Classes F.C.R.N.S.D.R. |
Families Crave Resorts Not Small Damp Rooms.
Familial Status Color Religion National Origin Sex Disability Race |
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Who isn’t protected? |
People younger than 18, who cannot enter a contract. People who have a poor credit history. |
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Steering |
Is the illegal act of guiding prospective homebuyers towards or away from certain neighborhoods or areas because of their membership in a protected class |
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Block busting |
Is the illegal practice of causing owners to sell their homes by creating fear that members of a protected class or moving into the area. Also known as panic peddling or panic selling. |
Making owners afraid because black people are moving into the community. |
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White flight |
When white people sold their homes usually below market value and moved further out into the country. |
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Redlining |
The illegal act of a lender refusing to issue mortgages in a specific area |
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A brokers real estate office will have a copy of the fair housing poster because? |
-it is required by HUD -It shows that the person all of the company will give equal treatment to all who enter the office. -it helps to inform and educate the ages of that brokerage of fair housing practices. |
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Who is HUD? |
The department of housing and urban development. -build inclusive and sustainable communities free from discrimination. -create strong sustainable inclusive communities and qualify affordable homes for all |
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Timeline for complaints through HUD |
HUD requires that the complaint be filed within one year of the alleged violation |
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Civil Law Suit |
A person can file a private civil lawsuit instead of or in addition to the HUD complaint. They have two years from the alleged violation if they file a private lawsuit. |
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HUD complaint process |
Step1 The client gathers information This includes their name and adress and the name and adress of the person they are complaining about. The adress of the property you’re talking about. Step 2 The client contacts HUD They’ll need to send the housing discrimination form or they may call the office directly. Step 3 HUD notifies everyone involved HUD notifies the complaintant when they have received the complaint. Investigate the complaint.
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Conciliation |
Conciliation is the attempt to resolve issues. Raised by a complaint investigation through informal negotiation. |
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Conciliation |
Conciliation is the attempt to resolve issues. Raised by a complaint investigation through informal negotiation. |
Also known as voluntary compliance |
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What is consilliation also known as? |
Conciliation is also known as voluntary compliance. |
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Injunction |
An injunction is a court order that either stops an individual or entity from doing something or tells them they need to start doing something. Usually until the outcome of a judicial proceeding is decided. |
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CFPB consumer Financial Protection Bearue |
Created in 2010 the CFPB fights discrimination practices in lending. |
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NFHA National fair housing alliance |
The NFHA is is dedicated to ending discrimination in housing |
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NFHA National fair housing alliance |
The NFHA is is dedicated to ending discrimination in housing |
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Who enforces the Florida fair housing act? |
The Florida commission on human relations. |
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The definition of disability under the Americans with disabilities act and the fair housing act States that a person with disability is any person who? |
Has a physical or mental impairment that limits one or more life activities |
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Current vs recovering drug users |
A person not currently using drugs is not covered as an impairment but a person recovering is. |
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Can you refuse housing to someone that imposes a direct threat? |
It is not illegal to refuse prospective tenants or to evict the current tenants who have physical or mental impairment if they impose a direct threat to other tenants. |
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Emotional support animals are also known as? |
Assistance animals |
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What does the fair housing act require? |
The fair housing act requires that all residential building ba accesible, more specifically all newly constructed residential dwellings of 4 or more units intended for first occupancy after March 13th 1991 to have certain features. |
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The ADA requires that public accommodations and commercial facilities be made accessible in new building. What is considered new? |
Built after 1993 |
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Public accommodations |
Facilities open to the public including hotels, restaurants and movie theaters etc |
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Why do most brokerages fall within the scope of the ADA and must be extra careful about accessibility? |
Because of their location or because they have 15 or more employees. |
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How can a broker work to comply with the Americans with disabilities act? |
By making accommodations and removing barriers. |
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In order to comply with the ADA accommodations will look like? |
Making resonable changes to policies and procedures to ensure services and offices are accesible to people with disabilities. Providing hearing aids interpreters etc. |
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What does the interstate Land sales full disclosure act require developers engaged in the sale or lease of 100 or more lots to do? |
To file a statement of record and register the subdivision. With the consumer financial protection bureau. |
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The CFPB protects the consumer by? |
Assuring access to all the information needed for a sensible unhurried land purchase. |
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The property report |
Developers of 25 or more lots must provide the prospective purchaser a property report before they signed the contract to purchase. |
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What’s the CFPBs role? |
The CFPB takes in property reports and information and delivers it to buyers. |
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When is the property report given to the buyer? |
Before the purchase agreement is signed |
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How long is the cooling off period? |
7 days after signing a contract. |
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When a tenant submits a complaint about something that needs to be fixed in the property and it’s specified in the agreement how long does the landlord have to fix the property before the tenant can terminate the agreement? |
The tenant may terminate the rental agreement if the landlord fails to comply with the rental agreement within 7 days after the tenant provides written notice specifying the non compliance. |
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Reasonable notice? How much time must a landlord give a tenant before entering a home for repairs? |
At least 12 hours before entering. |
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The landlord may enter the home or dwelling without notice when? |
When theirs an emergency, safety is compromised. |
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What is one of the things the landlord must provide at the beginning of tenancy? |
Working smoke detectors. |
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Do you landlord decides to go from one property management firm to another. The company holds the tenants security deposits and advanced rents in its trust accounts. What does the company need to do? |
The company needs to transfer the funds to the new property management company along with the final accounting showing the amounts to be credited to each tenants account. |
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If a landlord is going to impose a claim how long after the tenant has left does he have to do so? |
30 days to give the tenant written notice by certified mail. |
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After a tenant moves out how long does the landlord have to impose a claim on the security deposit? |
15 days to return the security deposit. |
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How long does a landlord have to let the tenants know how they are holding their funds? |
30 days of a receipt of a security deposit or advanced rent. |
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What happens when a landlord changes how they are holding the tenants security deposit or advanced rent after proving the initial disclosure? |
The landlord has 30 days to let the tenant know of the changes made. |
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In case of rent non compliance the landlord must give the tenant a written notice demanding rent within how many days? |
3 business day not including Saturday, Sunday and any legal holiday. |
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When a Sherrif executes a writ of possession what can the landlord do? |
The landlord or the agent can now remove personal property found on the premises to the property line. Sometimes the cops will come along to make sure theirs peace. |
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If the landlord requieres a prospective tenant to fill out a rental application before the tenant can reside their how long does the landlord have to process that application if the tenant is in the military? |
7 days |
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Jones v. Mayer 1968 |
Because of the Jones versus Mayer court case the civil rights act of 1866 finally became enforceable. |
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In the case of Jones the mayor the court ruled that? |
All citizens have the same rights as white citizens to inherit purchase lease so hold and convey property |
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Title 8 (VIII) of the civil rights act of 1968 is also known as? |
The fair housing act. |
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