Chapter 7 - Federal & State Laws Pertaining to Real Estate

Form of discrimination prohibited by the Civil Rights Act of 1866

Discrimination on the basis of race in the sale or rental of real property

Impact of the Supreme Court ruling in the 1968 Jones v. Mayer case

Discrimination based on race is strictly prohibited 

(there can be no exemptions or exceptions when it comes to race)

Protected classes after the Federal Fair Housing Act

(Civil Rights Act of 1968, as amended in 1988)

• Race (1866)

• Color, Religion, Sex, National Origin (1968)

• Handicap, Family Status (1988)

Conditions under which individuals are protected by the 1988 Fair Housing Amendment

Physical or mental impairments that limit major life activities, drug addiction problems (but not current users), AIDS, recovering alcoholics, pregnant women, and people with children under age 18

Blockbusting

Term that refers to the prohibited action of inducing owners to list or sell on the basis that a neighborhood is changing due to an influx of minorities (or a particular class of people protected by the Civil Rights Act)

Steering (or Channeling)

Term that refers to the prohibited action of directing individual into or away from a neighborhood on the basis of race, color, religion, sex, nation origin, handicap, of familial status

Redlining

Term that refers to the prohibited act by lenders who refuse to approve loans based on certain geographical areas, age of the property, income levels of residents, or racial composition

Exemptions to the Civil Rights Act of 1968

Sale or rental of one- to four-family housing when the owner lives in the property, does not use the services of a real estate broker, and does not use discriminatory advertising 

(exemptions never include discrimination based on race)

Requirements of the Americans with Disabilities Act (ADA) for owners of public buildings

Owners of public buildings are required to remove barriers that limit access or utility to individuals with disabilities

Examples of features addressed by ADA

Raised lettering on elevator buttons, audible floor signals, height of fire extinguishers, wheelchair ramps and accessible toilet facilities, restroom grab bars, handicapped parking

Requirements for existing property that does not comply with the ADA

Owners are required to make necessary modifications whenever the changes are readily achievable and economically feasible 

(can be accomplished without much difficulty or expense)

Method for reporting a suspected violation of the Federal Fair Housing Laws

A claimant can file a claim of violation with HUD or sue for civil damages in Federal district court

Licensees and owners are not required to disclose this information (stigmatized property)

• Occupants with HIV/AIDS (this would be discrimination)

• Homicide, suicide, or death on the property (not a material fact)

Purpose of the Florida Landlord and Tenant Act (F.S. 83)

Reduce inequities and confusion by defining the rights of landlords and tenants in both residential and nonresidential relationships

The landlord’s obligation to maintain the premises

Maintain the property in compliance with applicable building, housing, and health codes

The tenant’s obligations

• Keep the dwelling clean and sanitary, and may not destroy, deface, damage, impair of remove any part of the premises

• Do not disturb neighbors (breach of peace)

The landlord’s requirements for handling deposit money and advance rent

• Notify tenant in writing within 30 days of receipt

• Hold in non interest or interest-bearing account in FL banking institution (no commingling of funds), or post a surety bond

Requirements for return of security deposit upon tenant vacating the premises

• Return full amount within 15 days

• If claiming damages, landlord has 30 days to notify tenant by certified mail tenant has 15 days to object or landlord may deduct with 30 days

Conditions under which a landlord may enter the dwelling unit

• Useful purpose only with at least 24 hours’ notice for repairs (7:30 AM to 8 PM)

• At any time with the tenant’s permission or for the protection and preservation of the property

Landlord allowable actions upon tenant’s failure to pay rent when due

• Deliver a written demand for rent payment 

• If tenant still fails to pay for 3 business days following the written demand, landlord may terminate the lease

The first step in the eviction process

When the landlord notified the tenant that they must cure the problem (rent payment or other reason) within a specified time period or vacate the property

Practices prohibited by the Federal telephone solicitation laws when individual is on the National “do not call” list (Registry)

• Solicitation calls are prohibited before 8 am and after 9 pm; may not solicit listings

• Fines up to $40,000 per call for law violations

Exemptions from the Federal telephone solicitation laws when an individual is on the National “do not call” list (Registry)

A brokerage may call a customer, even if on the registry, if (1) within 18 months after the last purchase, delivery or payment, or (2) within 3 months after a customer inquiry

Requirements of the Florida telephone solicitation laws

• Solicitation calls prohibited before 8 am and after 9 pm and for individuals on the Florida “do not call” list

• Fines up to $10,000 per call for law violations

• May solicit listing for FSBO only