Flashcards in Unit 7-Federal and State Laws Pertaining to Real Estate Deck (51)
Civil Rights Act of 1866
Prohibits any type of discrimination based on RACE in any real estate transaction
Civil Rights Act of 1964
Was a landmark Legislation ending segregation in schools, workplaces and public accommodations.
Title II prohibits discrimination based on Race, Color, Religion, and Nation of Origin
Title III prohibits state and municipal governments from denying access to public facilities on basis of race, color, religion and nation of origin
Civil Rights Act of 1968
Contained the "Fair Housing Act" in title VIII which prohibits discrimination on the basis of race, color, religion, sex, and national origin when selling or renting residential property.
Fair Housing Amendments Act 1988
Amended FHA of 1968 to include two additional "protected classes"
- Handicap Status
How many "Protected Classes" exist today and what are the?
7 protected classes ( FRSH CRN)
Which classes are "unprotected?"
age, occupation, marital status and sexual orientation.
Fair Housing Laws passed by state and local governments may expand classes afforded protection in their jurisdiction
Fair Housing Poster (house with = sign)
Created by the 1988 Amendment
Must the Fair Housing Sign be displayed and where?
Yes. At real Estate offices and other businesses involved in the housing industry.
Failure to display the sign is considered discrimination
What Entities are covered by the Fair Housing Act?
Single family Homes
What type of housing is exempt from "familial status" protection?
Housing for Older persons where the units are occupied by persons aged 62 and older OR...
where 80% of the units are occupied by 55 and older AND housing policies are published that demonstrate INTENT to be housing for 55 and Older.
Special Exemptions under FHA
Religious Organizations- may restrict dwelling units they own or operate to members of their religion provided they do not otherwise discriminate in accepting that membership
Private Clubs-Members Only
When a person tries to channel a home buyer away from a particular neighborhood because they are a protected class they are guilty of the act called...
Using the entry or the rumor of entry of a protected class into a neighborhood to persuade owners to sell is the illegal act of...
ie: "I heard that a family of green martians are moving in two doors down"
What is REDLINING?
Denial of a loan or insurance coverage by a lender or insurer that presents different terms/conditions for homes in certain neighborhoods.
Civil Suits Filed in Federal District Court
Suits may be filed under the 1866 CRA allowing for monetary and punitive damages
What are the responsibilities and liabilities of licensees associated with a violation of FHA?
Licensees MUST ACT ethically to ensure equal access to housing
HUD considers ANY charge to be TRUE unless disproved by evidence to the contrary. ("Guilty til Innocent")
Describe the FLORIDA FAIR HOUSING ACT
Provides for fair housing throughout the state
Similar in scope to the Federal FHA
1990 Americans with Disabilities Act (ADA)
Prohibits discrimination in places of Public Transportation, Public Accommodations and Commercial Facilities
Describe how ADA applies to Public Transportation and Commercial Facilities
required alterations be made to allow access for disabled persons including but not limited to:
wider door ways
cuts in street curbs
ADA compliant toilets/grab bars
Describe the Florida ADA Accessibility Implementation Act?
It is a state statute
Adopts federal standards in FL
Requires all new single family homes, duplexes, triplexes, condos, and townhomes to have a grade level bathroom equipped with a door that has a 29-inch clear opening
the "ACT" requiring full and accurate disclosure of information to prevent fraudulent marketing schemes when land is sold without being seen is the ...
Interstate Land Sale Disclosure Act (ILSA)
Administered by the Director of the bureau of Consumer Financial Protection.
says that DEVELOPERS must register subdivisions of 100 or more lots with the bureau before they can offer unimproved lots in interstate commerce by telephone or through the mail
Developers of 25 or more lots must provide this to buyers prior to signing the sales contract
May a contract be cancelled AFTER receipt of the property report?
YES! Purchasers who timely receive the report may cancel the contract up until MIDNIGHT OF THE 7th DAY following the signing of the contract.
According to the FL Landlord Tenant Act, you must be this age to enter into a rental agreement.
18 Years of age
describe the FL Landlord Tenant Act
Mandates how landlords must account for and handle tenants deposits and advance rents.
When money is given to a landlord as security or advance rent, they are obligated to account for such deposits in 1 of 3 ways
1- hold in a separate NON-INTEREST bearing FL bank account for the benefit of the tenant
2- hold in a separate INTEREST bearing FL bank account.
3-Post a SURETY bond with the clerk of county circuit court in the total amount of the security deposits and advance rents or 50K whichever is LESS
Is it ever permissible for a broker to comingle or hypothecate funds?
Yes, only when they have posted a SURETY BOND
How long does a Landlord have to inform the tenant, in writing, of receipt of advance rents or security if not already stipulated in the lease agreement?
30 days from receipt of advance monies