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KES Fair Housing
Fair housing
| Term | Definition |
|---|---|
| Equal opportunity is housing is intended to | Create a marketplace where similar financial means have similar range of housing |
| Civil rights act of 1866 | Prohibits all racial discrimination in Real Estate transactions |
| Race defined as | Ancestral, ethnic, physical, cultural, linguistic traits shared by a group |
| Federal fair housing act is | Title VIII of the civil rights Act of 1968 |
| Housing and community development act of 1974 added | Sex to the list of protected classes |
| Fair housing amendments act of 1988 added | Disability and familial status to protected classes |
| Exemptions from fair housing act include (not 1866 act) | Rentals owner occupied no more than 4 units, private clubs limit to members, owner with fewer than 3 homes (no re profession or advertising involved) |
| Housing for older persons act HOPA | Exempt from familial provision for over 55 |
| Housing is exempt from familial status protection if | Restricted to persons 62+ or 80% units occupied by 55+ |
| Familial status extends .. | Protection to families with children, pregnant women, or person under 18 lives with parent. |
| Disability | A physical or mental impairment limiting major life activities |
| ADA | Americans with disabilities act prohibits discrimination in employments and public accommodations. |
| Who enforces the fair housing act? | HUD |
| Complaints to HUD must be ... | Within one year of the of alleged act, w/n 100 days of filing with local enforcement agencies |
| Conciliation: | Resolution w/n 100 days when respondent promises to remedy |
| Block busting | Attempt to make people move for fear of lowered value. |
| Steering | Channeling home seekers to particular neighborhoods or discouraging neighborhoods |
| Redlining | Refusing mortgage or insurance for reasons other than economic qualifications |
| HUD via ALJ fines | 16,000, 37,500, 65,000 |
| Plessy vs Ferguson | 1896 Seprate but Equal |
| 14th amendment | Grants citizenship to all born in US. |
| Civil rights act | 1866 |
| 1865 | 13th amendment abolishes slavery |
| 1862 | Emancipation |
| Brown vs board of education | 1954 equal rights in education |
| 1968 | Title VIII of the civil rights act added: religion and national origin |
| Jones vs Mayer | 1968 court upheld the civil rights act of 1866 a prohibits race discrimination without exception. |
| 1974 | Fair housing act amended to include sex (gender) |
| 1975 | Mortgage disclosure act |
| 1988 | Fair housing act amended to include familial status and handicapped. also increased penalties. |
| 1995 | HOPA housing for older persons act repealed requirement that 55+ housing have significant facilities and services designated for seniors. |
| Protected classes 7 | Race, color, religion, national origin, sex, handicaps, familial status |
| Fair housing act exceptions | Sale/rent comercial or industrial, owner occupied 4 units or less, single family house sold by owner, private clubs limited to members |
| Fair housing exemption requirements | Not > 3 homes, no RE broker, no discriminatory advertising. |
| ALA | administrative law judge handles proceedings for HUD |