1 Federal & State Anti- Discrimination Laws Applying to Leases and Real Estate Sales Transactions.

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Presentation transcript:

1 Federal & State Anti- Discrimination Laws Applying to Leases and Real Estate Sales Transactions

2 Statutory Law Common law has been greatly modified, by statutory law, such as: Common law has been greatly modified, by statutory law, such as: Federal laws Federal laws Fair Housing Act Fair Housing Act (42 U.S.C. § 3601, et seq.) (42 U.S.C. § 3601, et seq.) Handicap accommodation Handicap accommodation (24 CFR ) (24 CFR )

3 Statutory Law Common law has been greatly modified, by statutory law, such as: Common law has been greatly modified, by statutory law, such as: Ohio statutes Ohio statutes Landlord Tenant Law (R.C. Chap 5321) Landlord Tenant Law (R.C. Chap 5321) Forcible Entry & Detainer (R.C. Chap 1923) Forcible Entry & Detainer (R.C. Chap 1923) Ohio Fair Housing (R.C. 4112(H)) Ohio Fair Housing (R.C. 4112(H)) Local ordinances Local ordinances Zoning ordinances, health codes, rent caps Zoning ordinances, health codes, rent caps Occupancy & use limits, safety rules Occupancy & use limits, safety rules

4 42 U.S.C. § 3604 (2001) Discrimination in the sale or rental of housing & other prohibited practices [I]t shall be unlawful ‑‑ (a) To refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of race, color, religion, sex, familial status, or national origin. (b) To discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith, because of race, color, religion, sex, familial status, or national origin. Fair Housing Act (excerpt)

5 24 C.F.R. § Reasonable accommodations (a) It shall be unlawful for any person to refuse to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford a handicapped person equal opportunity to use and enjoy a dwelling unit, including public and common use areas. HUD Fair Housing Regulations (excerpt)

6 Ohio Fair Housing Law It is unlawful for anyone to: It is unlawful for anyone to: Refuse to sell real estate; Refuse to sell real estate; Refuse to lend money for purchase; Refuse to lend money for purchase; Refuse to rent, sublet, negotiate, question, advertise, or otherwise discriminate Refuse to rent, sublet, negotiate, question, advertise, or otherwise discriminate because of race, color, religion, sex, familial status, ancestry, disability, or national origin because of race, color, religion, sex, familial status, ancestry, disability, or national origin R.C. 4112(H) R.C. 4112(H)