Unit 18 Fair Housing

Equal Opportunity in housing

intended to create a marketplace in which person's of similar financial means have a similar range of housing choices. He coop opportunity laws apply to owners, real estate professionals, apartment, management companies, real estate, organizations, lending agencies, builders, and developers.

The main class you cannot discriminate against is…

race

1866

Racial discrimination in property transactions was prohibited

1896

“Separate but equal”

Plessy vs. Ferguson

1954

“Separate but equal” deemed unconstitutional

1957

Civil Rights Act of 1957

-protects voting rights of African Americans

State Classes

-Creed

-Marital status

-Age

-Sexual orientation

-Gender identity

-Source of income

-Housing status

Title VIII of the Civil Rights Act of 1968

Fair Housing Act

What does the Fair Housing Act prohibit?

-Color

-National Origin

-Religion

-Sex

-Familial status or disability

What year was race prohibited?

1968

What year was color prohibited?

1968

What year was national origin prohibited?

1968

What year was religion prohibited?

1968

What year was sex prohibited?

1974

What year was familial status prohibited?

1988

What year was disability prohibited?

1988

Fair Housing Act also…

changed the penalties for violations of the law, making them more severe, and added the right to seek damages

Housing for Older Persons Act HOPA (1995)

Repealed the requirement that housing intended for those age 55 or older have "significant facilities and services" designed for seniors.

-Requires that at least 85% of occupied units have one person age 55 or older

-no children under 18

Department of Housing and Urban Development (HUD)

administers is the fair housing act and investigates complaints against discrimination, which are protected by the law

Dwelling

any building or part of the building designed for occupancy as a resident by one or more families

Family/familial status

one or more individuals under age 18 living with a parent or guardian.

-can also include a pregnant woman

-landlords cannot restrict the number of occupants with the intent of eliminating families with children

Disability (handicap in law)

a physical or mental impairment that substantially limits one or more of a person's major life activities and includes having a record of such impairment

-AIDS also falls under disability

-alcoholism, drug abuse

Landlords handling disabilities

must make reasonable accommodations for equal enjoyment of the property

-must permit a support animal (these do not count as pets)

-people with disabilities are obligated to pay for any modifications at their own expense and should be restored to previous condition

Exemptions to the fair housing act

owner occupied buildings with no more than four units

Single-family housing sold rented without the use of a real estate professional

Housing operator by organizations and private clubs that limit occupancy to its member

Housing for older persons

exempt from the Familia status protection

May include deed restrictions for temporary occupancy by younger visitors (permitting overnight visits for up to two weeks per year)

Americans with Disabilities Act (ADA)

15 or more employees

-must make places accessible for people with disabilities

-make office bases compliant

-doesn't apply to homes sold until encountering tenants with disabilities

-allows EVERYONE to have full accessibility to businesses, goods, and public services

Blockbusting

Encouraging people to sell or rent their homes by claiming that the entry of a protected class of people into the neighborhood will have a negative impact on property value

-Profit motivated

Steering

the channeling of home seekers to particular neighborhoods are discouraging potential buyers from considering some areas

Example). Offering particular buildings to one race…One building for Whites, One building for Asians, One building for Blacks

Steering for Real Estate Agents

CANNOT DO!

Only showing buyers homes where you think they should live based on race or discrimination.