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Chapter 7 - Fed & State Laws in RE
Chapter 7 - Federal & State Laws Pertaining to Real Estate
7
Real Estate & Planning
Professional
04/24/2013

Additional Real Estate & Planning Flashcards

 


 

Cards

Term

Civil Right Act of 1866

Definition

Prohibits discrimination on the basis of RACE

 

Interpreted by the US Supreme Court to prohibit all racial discrimination in the sale or rental of real property

(Jones v. Mayer, 1968)

Term

Federal Fair Housing Act

Definition
  • called the Civil Rights Act of 1968
  • expanded on the 1866 Act and makes discrimination in the showing, negotiation, sale, rental or financing of a dwelling prohibited when based on race, religion, sex or national origin.

Specifically prohibits the following:

  • refusing to sell or rent after receiving an offer from a person protected under the Act, or using a different sales pitch or catchwords that are suggestive of race, religion, sex or national origin for different types of prospects
  • changing the terms or conditions of the sale or rental of a dwelling
  • use of discriminatory statements or discriminatory advertising. "EOE".
  • deed restrictions with references to restrictions based on race, religion, color or national origin
  • Blockbusting - inducing an owner to list or sell on the basis that the neighborhood is deteriorating or becoming transitional due to an influx of minority persons, or using heavy solicitation for listings in racially transitional neighborhoods
  • Steering or Channeling - an individual directly or indirectly into or away from a neighborhood by representing that a dwelling is not available for sale or rent when in fact it is
  • Redlining - refusal by a lender to approve a mortgage loan based on a property being located in a certain area, age of property, income level or the residents or racial composition of the area.
Term

Exemptions to the 1968 Civil Rights Act

Definition
  • linited exemptions for the 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 doesn't use discriminatory advertising.
  • lodging in a private club for the noncommercial benefit of club members
  • rental of rooms in owner-occupied dwellings of up to four families
  • property owned by churches or fraternal organizations used for lodging provided the church or org doesn't descriminate in the selection of members
Term

Fair Housing Amendment 1988

Definition

Expanded the act of 1968 to include:

  • people with physical or mental impairments with limitations
  • blind, deaf, aids, recovering alcoholics, pregnant women and people with children under 18
Term

Americans with Disabilities Act 

ADA

Definition

passed in 1990 to give employment opportunities to the disabled and to provide access to public buildings to same

 

owners of existing properties must make changes when economically feasible

Term

Florida Fair Housing Act (760, F.S.)

Definition
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