Real Estate Principles and Practices Chapter 19 Fair Housing Laws © 2010 by South-Western, Cengage Learning

Key Terms Administrative law judge Americans with Disabilities Act Blockbusting Civil Right Act of 1866 Civil Rights Act of 1964 HUD ECOA Fair Housing Act of 1968 Fair Housing Amendment Act of 1988 Fair housing laws Panic peddling Redlining Restrictive covenants Steering

© 2010 by South-Western, Cengage Learning Overview Fair Housing laws: federal state and local laws provide for equal opportunity in housing Real estate salespeople, brokers, and owners must prohibit discrimination

© 2010 by South-Western, Cengage Learning Civil Right Act of 1866 Civil Right Act of 1866: Civil Right Act of 1866: prohibits discrimination based on race All citizens of the United States shall have the same right, in every state and territory, as is enjoyed by white citizens thereof to inherit, purchase, lease, sell, hold, and convey real and personal property

© 2010 by South-Western, Cengage Learning Civil Right Act of 1964 Civil Right Act of 1964: Civil Right Act of 1964: prohibits discrimination involving federal financial assistance Department of Housing and Urban Development (HUD): Department of Housing and Urban Development (HUD): provides funds for: homeownership for low-income citizens low-rent public housing

© 2010 by South-Western, Cengage Learning The Fair Housing Act of 1968 and the Amendment Act of 1988 Jones v. Mayer Supreme court upheld the Civil Rights Act of 1866 Included race, color religion, and national origin No exception allowed because of race Gender added in 1974

© 2010 by South-Western, Cengage Learning The Fair Housing Act of 1968 and the Amendment Act of refusing to sell, rent, negotiate or deal with any person 2. quoting different terms or conditions 3. advertising to only certain races, colors, religions or national origins

© 2010 by South-Western, Cengage Learning The Fair Housing Act of 1968 and the Amendment Act of not being truthful about availability blockbusting: 5. blockbusting: profiting from inducing owners to sell or rent because minorities are moving into neighborhood 6. discrimination in home loans

© 2010 by South-Western, Cengage Learning The Fair Housing Act of 1968 and the Amendment Act of discriminating in real estate services, multiple listing services, or broker organizations 8. higher security deposit to the handicapped or families with children

© 2010 by South-Western, Cengage Learning The Fair Housing Act of 1968 and the Amendment Act of segregation to particular areas of a building 10. denying services and amenities

© 2010 by South-Western, Cengage Learning The Fair Housing Act of 1968 and the Amendment Act of privately owned home where owner employs a real estate firm 2. not privately owned homes 3. discriminatory advertising

© 2010 by South-Western, Cengage Learning The Fair Housing Act of 1968 and the Amendment Act of privately owned homes by individuals who: Own more than 3 homes and Sell more than 1 in a 2 year period in which they were not the most recent occupant

© 2010 by South-Western, Cengage Learning The Fair Housing Act of 1968 and the Amendment Act of five or more rooms / units are rented 2. four rooms / units or less where the owner is not an occupant

© 2010 by South-Western, Cengage Learning The Fair Housing Act of 1968 and the Amendment Act of own three or fewer homes 2. a broker is not used 3. no discriminatory advertising is used 4. have not sold more than 1 home in which owner is not the most recent occupant within a 2 year period

© 2010 by South-Western, Cengage Learning The Fair Housing Act of 1968 and the Amendment Act of owner occupied 2 – 4 multi-family dwelling where no discriminatory advertising is used 6. dwellings owned by religious organizations and discrimination is limited to that religion

© 2010 by South-Western, Cengage Learning The Fair Housing Act of 1968 and the Amendment Act of rental or occupancy of lodging owned by a private club where discrimination is limited to its members

© 2010 by South-Western, Cengage Learning Persons with Disabilities Includes mentally and physically disabled persons Excludes Drug addicts Persons convicted of manufacture or distribution of illegal drugs Persons who pose a risk to the health, safety and property of others

© 2010 by South-Western, Cengage Learning Persons with Disabilities May not be charged higher security deposits May not be segregated

© 2010 by South-Western, Cengage Learning Accessibility for Persons with Disabilities Reasonable modifications are allowed at the tenant’s expense May be required to restore to original condition May require that funds are placed in escrow Multifamily dwelling of 4 or more units must allow access

© 2010 by South-Western, Cengage Learning Families with Children Children under the age of 18 Must comply with local ordinances governing maximum number of occupants Includes: Pregnant women Those securing custody of children under the age of 18

© 2010 by South-Western, Cengage Learning Elderly Exemptions 1. designed and operated to assist elderly persons 2. intended for and occupied by person age 62 or older 3. intended for at least one person 55 or older per unit

© 2010 by South-Western, Cengage Learning Elderly Exemptions 1. facility states in writing that it complies with “55 and older” exemption 2. practitioner can show they did not know the facility was not eligible

© 2010 by South-Western, Cengage Learning Enforcement Procedure administrative law judge (ALJ) Any party may bring the case before an administrative law judge (ALJ) Within 1 year of the discriminatory act, complaints are sent to: Office of Equal Opportunity (OEO) at HUD Fair Housing c/o OEO regional office HUD can pursue after 100 days if not resolved HUD Secretary can initiate an investigation

© 2010 by South-Western, Cengage Learning Enforcement Procedure Charge filed in district court or referred to ALJ Parties are subpoenaed ALJ may award damages and penalties HUD must review within 30 days or findings are final Either party may appeal

© 2010 by South-Western, Cengage Learning Federal Fair Housing Laws LegislationCR Act 1866 FH Act 1968 H & C Devel. Act 1974 FH Amend 1988 EC Opp Act 1974 Am w/Dis Act 1992 RaceXXX ColorXX ReligionXX Nat Origin XX SexXX AgeX Mar Status X DisabilityXXX Fam status X Public As. Income X EnforcementProcedureX

© 2010 by South-Western, Cengage Learning Equal Credit Opportunity Act ECOA: ECOA: lenders may not discriminate based on: Sex Marital status Race Color Religion National origin

© 2010 by South-Western, Cengage Learning Equal Credit Opportunity Act Credit applications must be based on: Credit rating Job stability Income basis Net worth

© 2010 by South-Western, Cengage Learning Redlining Redlining: Redlining: refusing to make loans in certain neighborhoods

© 2010 by South-Western, Cengage Learning Salesperson and Broker Obligations

© 2010 by South-Western, Cengage Learning Equal Housing Opportunity Poster: “ Poster: “We Do Business in Accordance with the Federal Fair Housing Law” “It is Illegal to Discriminate Against Any Person Because of Race, Color, Religion, Sex, Handicap, Familial Status or National Origin” EQUAL HOUSING OPPORTUNITY

© 2010 by South-Western, Cengage Learning Restrictive Covenants Restrictive covenants Restrictive covenants: may not limit racially in the transfer, sale, or rental of housing Purpose of fair housing: 1. eliminate & prevent discrimination 2. guarantee civil rights so good is fostered

© 2010 by South-Western, Cengage Learning Restrictive Covenants 3. formulate policies to enforce this act and make recommendations 4. adopt rules & regulations 5. designate members to conduct investigations of discrimination and resolve complaints 6. determine probable cause

© 2010 by South-Western, Cengage Learning Restrictive Covenants 7. determine a complaint cannot be resolved 8. dismiss complaints 9. hold hearings, subpoena witnesses, compel attendance, administer oaths, and take testimony 10. issue publications and results of studies and research