Chapter 7 Federal and State Laws Pertaining to Real Estate

Discrimination in housing has been, and continues to be, an issue that has great significance for real estate professionals. Both state and federal laws have been implemented to deal with this problem. This chapter examines those laws and provides you with information concerning the requirements of those laws. A very large number of real estate licensees become involved in rental and property management activities. This chapter discusses the Florida Residential Landlord and Tenant Act and its requirements.

What was the significance of the 1968 Jones v. Mayer Supreme Court ruling?

a. Handicap and familial status protections were added.

b. Certain exemptions were upheld for racial discrimination.

c. Discrimination based on race was strictly prohibited, preventing exceptions of any kind.

d. Persons with AIDs or HIV were designated as handicapped

Discrimination based on race was strictly prohibited, preventing exceptions of any kind.

All of the following are correct regarding the Americans with Disabilities Act, EXCEPT:

a. Owners must make all accessibility modifications with no regard to the cost of improvement.

b. ADA is intended to eliminate barriers that limit access to persons with disabilities.

c. ADA mandates certain design specifications for accessibility.

d. Owners of property open to the public may be required to remove barriers to accessibility.

Owners must make all accessibility modifications with no regard to the cost of improvement.

Under the Florida Residential Landlord and Tenant Act, a landlord is required to do all of the following, EXCEPT:

a. Bargain in good faith

b. Provide maintenance sufficient to comply with code

c. Notify the tenants within 30 days of the manner in which security deposits and advance rents are being held

d. Deposit advance rent and security deposits in an interest-bearing account

. Deposit advance rent and security deposits in an interest-bearing account

If a security deposit is held by a landlord, what is the landlord required to do?

Return the funds within 15 days after the tenant vacates the premise or give notice within 30 days of the intention to impose a claim against the security deposit by certified mail.

What term is used to describe a situation in which a real estate licensee tells a customer that an advertised property is NOT available for sale when, in fact, it is?

Steering

What term is used to describe the actions of a broker who induces an owner to list or sell on the basis that the neighborhood is deteriorating due to minority influences

Blockbusting

All of the following are protected classes under the 1988 Amendment to the 1968 Fair Housing Act,

EXCEPT:

a. People with physical or mental impairments that do not limit major life activities

b. Individuals with drug addiction problems who are not current users

c. Persons with acquired immune deficiency syndrome (AIDS) and recovering alcoholics

d. Women who are pregnant and people with children under the age of 18

People with physical or mental impairments that do not limit major life activities

A property owner is registered on both the state and federal “do not call” lists. Which statement correctly applies to solicitation calls to this owner by a licensee?

Calls are not permitted when attempting to obtain a listing.

A real estate licensee refuses to show properties in high-end neighborhoods to minority buyers. The licensee is engaged in which illegal practice?

Steering

A real estate licensee attempts to induce sellers to list and sell their properties by starting rumors that minorities are taking over a neighborhood. What could the licensee be charged with?

Blockbusting

The Fair Housing Act of 1968 prohibits discrimination based on which of the following?

a. Age

b. Marital status

c. Occupation

d. National origin

National origin

Which legislation prohibited discrimination based on religion?

Civil Rights Act of 1968

What is the maximum fine that may be imposed for a first time violation of the Florida Fair Housing Act?

$10,000

What is the first step in the eviction process?

a. The landlord notifies the tenant that they must cure the problem within a specified time period or vacate the property.

b. The sheriff posts a 24-hour notice of removal on the tenant’s door.

c. The county clerk issues an eviction summons.

d. The landlord files a motion for default

The landlord notifies the tenant that they must cure the problem within a specified time period or vacate the property.

When may a landlord commingle a tenant’s security deposit with other business funds

When the landlord posts a surety

bond

The 1866 Civil Rights Act prohibited discrimination on the basis of _______________.

race

An owner of up to four units who does not use the services of a broker and does not

discriminate in advertising is _______________ from the Civil Rights Act of 1968

exempt

Lenders that refuse to make loans in certain geographical areas based on social or

economic considerations are practicing _______________.

redlining

According to the Americans with Disabilities Act, owners are required to make

modifications to properties to comply with the Act whenever the modifications are

___________ __________.

economically feasible

When a violation of the Federal Fair Housing law is suspected, a _____________

can file a complaint with the Department of _____________ ________ ____________

_____________.

complainant, Housing and Urban Development (or HUD)

A violation of the Federal Fair Housing law is also a violation of ______________.

Therefore, a licensee found guilty of a violation of the Federal Fair Housing law would

face possible disciplinary action by the ________________.

F.S. 475, Commission (or FREC)

A landlord who maintains advance rents and security deposits in a __ is not required to pay interest on the funds being held.

separate non-interest bearing account

Persons who have ________ or ________ are designated as handicapped and are afforded all protections under the 1988 Fair Housing Amendment.

AIDS, HIV

Under the Civil Rights Act of 1968, denying membership in a __________ ___________

or ___________ __________ is prohibited where membership is required for ownership.

homeowners’ association, OR condominium association

A landlord who intends to make a damage claim against a security deposit must notify a

tenant of any such intention within _______________ days

30 days

If a landlord holds security deposits and advance rents in an interest-bearing account but

does not commingle them with other funds, the tenant is entitled to _______________ of

the interest earned or _______________ _______________ _______________.

75%, 5% simple interest

The fact that a property was a site of a _____________, _____________, or

____________ is not a material fact that must be disclosed in a real estate transaction.

homicide, suicide, death

A licensee may call a customer who appears on the “do not call” list within ________

months after the customer purchased a home.

18

Federal law governing telephone solicitations prohibits calls to residences after _______.

9:00 p.m.

A violation of the Florida Telephone Solicitation Act could result in a fine of up to

______________.

$10,000

The Civil Rights Act of 1866 prohibited what?

Race discrimination

Jones V. Mayor Supreme 1968 Case ruled on

That discrimination based on race is strictly prohibited no exemptions

Federal Fair Housing Act ( Civil Rights Act of 1968) is official title as

( Civil Rights Act of 1968)

Title VI of the Civil Rights of 1964 prohibited what?

Discrimination in funded housing programs

1968 Title VIII of the Civil Rights Act( Fair housing Act) protected what class

• Color

• Religon ‘

• Sex

• National

1968 Title VIII of the Civil Rights Act( Fair housing Act) expand on the ______?

1866 Act and made discrimination in the showing negation, sale, rental, or financing including Color, religion, sex, national origin.

Fair Housing poster should be placed at

real estate brokerage offices, mortgage lenders offices

A violation of the Federal Fair Housing Law is also a violation of _____

F.S 475 and will result disciplinary actions with the Commission

Which legislation explained on previous Ciil Rights Acts to prohibits discrimination on certain handicaps of family status ?

The 1988 Fair Housing Amendment

An administrative fine of _____ will be given you submits false information in meeting the Florida Housing Acts requirements

$500

Anyone who has AIDS or HIV are declared as ____ according to F.S 760.50

Handicapped and to be afforded all protection

If found guilty in violation of F.S 760.50 it will result in

liquidated damages $1000 or greater

If a propter was or was suspected to have a site of homicied, sucied or death. Does that need be disclosed?

No and can’t take action against owners, landlords, real estate license

How many days does a Landlord has to return tenants security deposit if no clam is made?

15 days

A Landlord has written a claim in regards of a security deposit he/she must written a notice through _______ within ____ days.

Certified mail within 30 days

Any dispute between Landlord and Tenants in regards of security deposits must handle it in

Civil Court

How many days can tenets respond to the written claim?

15 Days

If tenant desires to remain on premise under a landlord that fails to maintain rented premies or agreement, tenant has an options of

Rent may be reduced by court or uninhabitable tenant may be relieved of rent payments

Tenant may write a notice to cancel lease in 7 DAYS due to termination of ______

Landlord fails rental agreement or fails to maintain rented premises

How many days can a landlord correct a noncompliances from a tenant who wants to terminate lease.

7 days

What is the 1st Step if a tenant fails to pay rent?

Give tenant written notice demanding either rent payment or possession within 3 business days

What is the 2nd Step if a tenant fails to pay rent?

Tenant has 3 business days to pay the rent or surrender the premises, if fails to do so, landlord must initiate formal eviction in county court.

What is the 3rd Step if a tenant fails to pay rent?

If tenant vacates, landlord must give tenant written notice of any claim insecurity deposit or advance rent held by landlord

A Landlord has been giving notice to tenant to evict. When can the landlord submit the notice and how.

In writing within 3 business days

What happens if Tenant does not comply to the Eviction notice?

The Landlord can file a complaint for eviction in the county court

The Landlord filed a complaint for the eviction in the county court. What happens after?

The Tenant has 5 business days to respond to complaint (to the court)

If the tenant continues to occupy without responding,

Obtain final judgement from court and court issues a writ of possession

After a Landlord obtain a final judgment to tenant from a court and a writ of possession

The Sheriff notifies tenant that eviction will take place after a 24- hour notice is posted