Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Texas Principles Real Estate I > Ch.5 - Fair Housing Laws > Flashcards

Ch.5 - Fair Housing Laws Flashcards

1
Q

Fair housing

A

The federal fair housing act prohibits discrimination in the sale or rental housing on the basis of race, color, religion, national origin, sex, handicap, and familial status

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Conciliation

A

This is an agreement that must protect both the person filing a complaint with HUD and the public interest.

When the person the complaint has been filed against remedies the alleged violation.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What are the actions taken of the conciliation agreement is signed vs breached?

A

If the agreement Is signed, HUD will take no further action on the complaint

However if HAD has reasonable cause to believe that the agreement is breached, HUD will recommend that the attorney general about suit

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Americans with disabilities act (ADA)

A

This act became a law in 1990.

It mandates that persons with disabilities have equal access to jobs, public Accommodations, government services, Public transportation, and telecommunications

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

When did the Americans with disabilities act become a law?

A

1990

*what act became a law?

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Blockbusting

A

Making a profit by persuading owners to sell by telling them that persons have a protected class are moving into the neighborhood.

That will result into negative outcomes such as lowering property values, increase in criminal behavior, or a decline in the quality of the school district

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Steering

A

Channeling home buyers toward or away from homes in certain neighborhoods in order to preserve or alter the make up of that neighborhood

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Redlining

A

Restricting the number of loans in certain areas of the community because it is racial or ethnic makeup

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Discriminatory advertising

A

Advertising that indicates a preference, limitation, or discrimination based on race, color, religion, handicapped, sex, familial status, or national origin

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Equal Credit Opportunity Act (ECOA)

A

This act prohibits lenders from discriminating against applicants on the basis of race, color, religion, national origin, sex, marital status, age, or dependency on public assistance

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Home Mortgage Disclosure Act (HMDA)

What is it?
When did it pass?
How often must it be disclosed?

A

Passed in 1975

Requires financial institutions to maintain and disclose data about home purchases, home purchase preapprovals, home-improvement, and refinance applications involving 1 to 4 unit and multi family dwellings.

Must be disclosed annually

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Testing

A

A simulated housing transaction designed to obtain evidence of differential treatment based on an individuals protected class status

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Disparate impact

A

Policies that are considered to be discriminatory if they have a disproportionate “adverse impact” against any protected class (race, nation of origin, color, religious beliefs, sex, familial status, or disability) when they are other valid non-discriminate options available

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

If the ALJ decides that discrimination occurred the respondent can not be ordered to do what?

A

To pay the federal government $60,000 as a civil penalty to vindicate the public interest

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What is not a reason to understand fair housing laws?

A

It is recommended.

Reasons to understand- it is a right, the law, and reduces risk

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

If a person believes he or she has been discriminated against how long does he or she have to file an HUD complaint?

A

1 year to file a complaint

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

When did the first housing laws begin?

A

With the civil rights act of 1866

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Fair Housing Act of 1968

title VIII of the Civil Rights Act of 1968

A

Prohibited discrimination in housing based on

  • race,
  • color,
  • religion,
  • or national origin
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Jones v. Mayer

A

A legislation part that supports the federal fair housing laws

  • Ruled that discrimination on the basis of race is strictly prohibited
  • This means there can be no exemption or exception with regard to race
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Housing and Community Development Act (1974)

A

The legislation that added sex to the list of protected classes.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Fair Housing Amendments Act (1988)

A

The legislation that added handicap and familial status to the list of protected classes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

How does the Fair Housing Amendments Act (1988) protect physical or mental disability individuals?

A

A property owner may not refuse to let the person make reasonable modifications to the dwelling or common use areas

Cannot refuse to make reasonable accommodations in rules, policies, practices, or services if necessary for person to use the housing

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

What are the four legislations that were significant to the federal fair housing laws?

A
  • Fair housing act of 1968
  • Jones v. Mayer
  • Housing and community development act 1974
  • Fair housing amendments act
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

Who administers the federal fair housing act?

A

By the office of fair housing and equal opportunity (FHEO)

25
Q

The Office of Fair Housing and Equal Opportunity is under whose direction?

A

The secretary of housing and urban development (HUD)

26
Q

How long does a person have to file a complaint if they feel they were discriminated against and who do they file it with?

A

They have a year to file a complaint with HUD

27
Q

What happens during the investigation period of a discrimination complaint filed with HUD?

A

HUD can attempt to resolve the complaint by getting assurance that the person that the complaint has been filed against will remedy the alleged violation.

28
Q

How else can a person file a discriminatory complaint and how long do they have?

A

A person can file a suit in a state or federal court within two years of the alleged violation.

29
Q

What three federal laws should the American civil rights policy?

A
  • Plessy v. Ferguson (1896)
  • Buchanan v. Warley (1917)
  • Brown v Board of Education (1954)
30
Q

When did the Americans with Disability Act (ADA) become effective?

A

1992

*what act became effective?

31
Q

What does the ADA mandate a person with a disability to have equal access to?

A
  • Jobs
  • public accommodation
  • government services
  • public transportation
  • telecommunications
32
Q

What are some discriminatory activities in real estate?

A

Refusing to sell, rent, or negotiate with any person who is a member of a protected class

33
Q

What are the three specific real estate activities that the fair housing laws prohibit?

A
  • Blockbusting
  • Steering
  • Redlining
34
Q

Why is knowing the Federal fair housing laws necessary for a real estate professional?

A
  1. It’s the law
  2. it’s a right
  3. It reduces risk
35
Q

How would you avoid discriminatory advertising?

A

When advertising it is important to have a perspective of all the protected classes.

Ask questions like how you would feel if they were a member of a minority in reading the ad?

If an ad simply described the property itself that it is most likely acceptable

36
Q

How many cities in Texas have additional protected classes in their fair housing law?

A

5

37
Q

In what ways in Texas can discriminatory complaints be filed?

A

In addition to HUD in federal Court…

  • Texas complaints can be filed with the Texas Workforce Commission Civil Rights Division within one year
38
Q

Community Reinvestment Act (1977)

What does it prevent?

A

Passed by Congress to prevent redlining

And encourage banks and other lenders under federal oversight to help meet the credit needs of all segments of their communities

39
Q

Company is covered under HMDA (home mortgage disclosure act) are required to keep what?

A

Loan Application Register (LAR)

40
Q

Loan Application Register (LAR)

A

Required under HMDA

It is where lenders report statistical information each year to ensure that lenders are not restricting loans to certain individuals

41
Q

What tool have private fair housing groups along with government agencies, developed to uncover housing discrimination?

A

Testing-

A tester from a protected class will go to a real estate office or view an available unit and see if they are treated differently…

if they have good documentation and recordkeeping this can demonstrate innocence or violations

42
Q

What do you do when you are faced with questions that are outside your realm of expertise or knowledge?

A

You should refer questions to people who are experts in that appropriate field

43
Q

How should you discuss aspects of a home, selling, buying, and listing properties?

A
  • Avoid giving opinions
  • Focus on factual statements based on various features within the home
  • Explain to the buyer that you ethically and legally cannot recommend housing based upon the protected classes that make up the neighborhood. (Can’t give out demographics)
44
Q

What should a real estate professional do if the seller is withholding property from a protected class individual?

A

The real estate professional must not be involved

otherwise the sales person or broker will be found in violation along with the seller

45
Q

What type of changes my a commercial property make to bring a property into ADA compliance?

A

Adding ramps to the front entrance or accessible parking spaces,

Widening doorways/isles

Installing elevators

Improving restroom facilities by adding wider styles, higher toilets, or grab bars

46
Q

List four practices that would be considered discrimination in mortgage lending

A
  • refusing to give a loan or provide loan information
  • Refusing to purchase a loan
  • Setting different conditions for a loan purchase
  • Giving different terms for loans, such as interest rates or fees
47
Q

Readily achievable

A

Means easy to accomplish without much difficulty your expense

48
Q

What is the readily achievable requirement based on?

A

The requirement is based on the size and resources of the business

49
Q

What kind of houses were called separate but equal with the supreme court decision?

A

Racially segregated accommodations

50
Q

Which fair housing law is violated when an agent shows a white couple properties only in white neighborhoods and African-American buyers in African American neighbors?

A

Steering

*give an example

51
Q

And I should never read males only, men only, females only or other like phrases, with one exception what is that exception?

A

If the ad is describing shared living areas or homes used exclusively as dormitories by educational institutions

52
Q

Give four examples of words or phrases that would be considered discriminatory and advertising

A
  • couples only
  • Empty-nesters
  • single person
  • no families
  • mature individuals
  • senior discount
53
Q

When advertising by newspaper, how would you avoid an impression of racial steering?

A

Use a wide variety of these papers not just a local or neighborhood paper

54
Q

The federal reserve board designed the HMDA to accomplish what three requirements?

A
  • help public officials distribute public sector investments
  • Discover if financial institutions are serving the housing needs of communities
  • Identify where there are discriminatory lending practices
55
Q

What metric is used to describe if the rate given to the borrower is above a certain threshold of the prevailing rates at the time of application?

A

Rate spread

56
Q

What does the community reinvestment act require community banks to do?

A

It requires federal financial institution regulators to assess the record of each bank and thrift in helping to fulfill the obligations to the community

57
Q

How can testing be beneficial?

A

When coupled with the documentation and recordkeeping, it can demonstrate a real estate agencies innocence when faced with the fair housing complaint

58
Q

Scenario:

What do you do if someone asked to see the Hispanic only areas?

A

Explain to the buyer that you are ethically not allowed to show them homes passed on ethnic makeup of the neighborhood because that would be violating fair housing laws

59
Q

What could happen if one of your sellers declines to show a property to minorities or members of other protected classes?

A

This is illegal. If you proceed then you and the seller could be sued for violating fair housing laws.

Texas Principles Real Estate I (7 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions