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Ch. 16

Vocab: Fair Housing

TermDefinition
Americans with Disabilities Act A federal law protecting the rights of individuals with physical or mental impairments.
Blockbusting For profit, to induce/attempt to induce any person to sell/rent any dwelling by telling them that persons of a particular, race, color, religion, sex, nat. origin, handicap, or fam. status are moving into the area. Ex:realtor induces owners to list prop.
Brokerage The business of brining buyers and sellers together and assisting in negotiations for the term of sale of real estate.
Civil Rights Act of 1866 A federal law that prohibits all discrimination on the basis of race. There are NO exemptions to this act. Exemptions applicable to the 1968 Act don't apply to this act or to the sale of a personal residence under the state Act of 1983.
ECOA Equal Credit Opportunity Act. A federal law prohibiting discrimination in consumer loans.
Fair Housing Exemptions -owner-occupied buildings w/ no more than 4 units (Mrs. Murphy exemption) -single fam housing sold/rented w/o broker if owner doesn't own >3 such single family homes at 1 time. -housing operated by organ. & private clubs that limit tenants to members.
Familial Status This protected class prevents landlords from recruiting for "Adults Only." Includes kids < 18; preg. women; or persons w/, or in process of getting, custody of kids. Not 'families' or 'married couples';makes it illegal to prohibit presence of kids.
Handicap A mental or physical impairment that limits at least 1 major human activity that qualifies the person with the impairment to protection under the Fair Housing Act.
HUD Housing and Urban Development. An agency of the federal government concerned with housing programs and laws.
Disability A physical or mental impairment that substantially limits one or more of a person's major life activities.
Discriminatory Advertising Any advertising that states or indicates a preference, limitation, or discrimination on the basis of race, color, religion, sex, fam status, handicap, or nat. origin in offering housing for sale/rent. Ex: Apt. ad showing pic of only white tenants.
Federal Fair Housing Act of 1968 (as amended) Also known as the Civil Rights Act of 1968. A federal prohibition of discrimination in the sale, rental, or financing of housing on the basis of race, color, nat. origin, religion, sex, handicap, or familial status (children).
Federal Fair Housing Amendments Act of 1988 Added provisions to prevent discriminated based on both mental and physical handicaps or familial status.
NC Human Relations Commission A state agency that, as a substantially equivalent agency to HUD, is currently enforcing the 1968 Fair Housing Act and its 1988 amendments. In NC, HUD refers FHA complaints to this commission unless there's a local equivalent fair housing agency.
NC Fair Housing Act of 1983 State fair housing law that is almost identical to the federal fair housing laws; however, it provides no exemptions for owners selling their own property, and it broadens rental exemption slightly.
Protected Classes 7 different protected class categories (FReSHCoRN): -Familial status -Race -Sex (gender) -Handicapped -Color -Religion/creed -National origin
Reasonable Modifications Fed. Fair Housing Amendments Act of 1988 added mental + physical handicaps or familial status provisions. "Handicapped" addition- landlords must let disabled people make reasonable modifications to an apartment, at tenant's expense, to suit their needs.
Redlining The refusal of lending institutions to make loans for the purchase, construction, or repair of a dwelling because the area in which the dwelling is located is integrated or populated by minorities. Constitutes illegal financing.
Service Animal They're not pets; cannot exclude; cannot charge fees; document w/ physicians' letter. Fair Housing Disability Law only requires a letter from a medical professional.
Steering The practice of directing prospective purchasers or tenants toward or away from specific neighborhoods because they belong to a protected class under the Fair Housing Act.
Civil Rights Act of 1968 Title VIII, commonly known as the Fair Housing Act, as amended in 1974 & 1988, prohibits discrimination in housing on basis of race, color, nat. origin, religion, sex, handicap, or familial status (children).
Civil Suit An action in a court of equity that seeks financial compensation for loss caused by another.
Sexual Harassment An unsolicited overt request/demand for sexual acts when submission to such conduct is a condition of the execution or continuation of a lease or the according of tenant's rights under a lease.
Federal Fair Housing Act of 1968 (Title VII of the 1968 Civil rights Act, as amended) vs. Civil Rights Act of 1866. 1968 Act- applies specifically to housing. 1866 law- prohibits all discriminated based on race in housing AND in any other situation.
Dwelling Any building, structure, or portion of occupied as, or made/intended for occupancy as, a residency by 1 or more families, and any vacant land offered for sale/lease for the const. or location thereon of any such building, structure, or portion thereof.
Elderly Housing Housing in which 80% of the units are occupied by at least 1 person aged 55 or older.
Person Includes 1 or more individuals, corporations, partnerships, associations, labor org., legal reps., mutual companies, joint stock co., trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers, & fiduciaries.
Created by: laurenk1996
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