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- FAIR HOUSING:
- Two FEDERAL Laws:
- CIVIL RIGHTS ACT OF 1866:
- PROHIBITS DISCRIMINATION on the basic of RACE in REAL PROPERTY
- CIVIL RIGHTS ACT OF 1968 (aka FAIR HOUSING ACT OF 1968):
- same as 1866 but adds...
- RACE, COLOR, RELIGION, SEX, NATIONAL ORIGIN
- also REAL PROPERTY ONLY
- PROHIBITS following ACTS...
- REFUSING to deal with a person
- CHANGING TERMS and CONDITIONS for BUYING or SELLING or FINANCING
- ADVERTISING: AVAILABLE to SOME buyers and NOT OTHERS
- claiming property is NOT AVAILABLE for INSPECTION when IT IS
- EXCLUDING access to RE SERVICES like MLS or BROKERS' ASSOC
- APPLIES TO:
- SINGLE FAMILY HOME owned by PRIVATE PERSON where...
- RE BROKER is used
- DISCRIMITORY ADVERTISING is used
- SINGLE FAMILY HOUSING NOT owned by INDIVIDUALS
- SINGLE FAMILY HOUSING OWNED by INDIVIDUAL who...
- OWNS more than 3 houses OR
- SELLS more than one house in 24 MONTHS (other than his own)
- MULTI-FAMILY dwellings >= 5 UNITS
- MULTI-FAMILY dwellings <= 4 UNITS IF OWNER does NOT LIVE in one
- all that said, the 1866 law prohibits RACE discrimination PERIOD
- Two Additional Issues:
- STEERING:
- INFLUENCING BUYERS to buy in CERTAIN AREAS based on RACE, etc
- INCLUDES...
- DIRECTING MINORITY BUYERS AWAY from CERTAIN AREA OR
- DIRECTING MINORITY BUYERS TOWARD a MINORITY AREA
- ACCOUNTS FOR MOST COMPLAINTS
- BLOCKBUSTING ("PANIC PEDDLING"):
- INDUCING PANIC SELLING though use of information about CHANGING
RACIAL MAKUP
- VIOLATES FAIR HOUSING ACT OF 1968
- ENFORCEMENT:
- Three things an INJURED INDIVIDUAL can do (under 1968)...
- FILE a WRITTEN complaint with HUD in WASHINGTON DC
- FILE ACTION in US DISTRICT, STATE or LOCAL COURT
- FILE a COMPLAINT with US ATTORNEY GENERAL
- under the 1866 law:
- ONLY by FILING SUITE in FEDERAL COURT
- FAIR HOUSING AMENDMENTS ACT OF 1988
- AMENDS FAIR HOUSING ACT OF 1968
- SIGNED 1988-Sep-13
- Does Two Things:
- EXTENDS list of PROTECTED GROUPS:
- HANDICAPPED:
- PHYSICAL:
- includes HIV AIDS
- TENANT'S right to make MODIFICATIONS to the PROPERTY
- at TENANT'S EXPENSE
- like...
- WIDENING DOORS for WHEELCHAIR
- FLASHING LIGHT for door bell
- lowering THERMOSTAT
- GRAB BARS in bath room
- TENANT must RETURN PROPERTY to ORIGINAL STATE when VACATING
- but ONLY INTERIOR, NOT EXTERIOR
- at TENANT'S EXPENSE
- OWNER MAY REQUIRE an ESCROW account to secure EXPENSE
- but may not be overly restrictive
- MAKING REASONABLE ACCOMMODATIONS
- like allowing a SEEING EYE DOG in a NO-PET building
- providing HANDICAPPED PARKING
- ACCESSIBILITY STANDARDS in NEW CONSTRUCTION
- APPLIES TO MULTI-FAMILY DWELLINGS BUILT (NOT RENOVATED)
after 1991-Mar-13 that...
- has ELEVATOR and >= 4 UNITS
- has NO ELEVATOR and >= 4 UNITS on GROUND FLOOR
- GROUND FLOOR means WHOLE UNIT, so NOT TOWNHOUSES
- FOR HANDICAPPED...
- COMMON AREAS READILY ACCESSIBLE
- DOORS wide enough for WHEELCHAIRS
- ACCESSIBILITY ROUTE through entire DWELLING
- WALLS REINFORCED for TENANT-INSTALLED GRAB BARS
- BATHROOM AND KITCHEN WHEELCHAIR-ACCESSIBLE
- SWITCHES, RECEPTACLES, THERMOSTAT, etc, ASSESSABLE
- MENTAL:
- includes ALCOHOLICS
- NOTE: EXCLUDED are DRUG ADDICTS and those who POSE a THREAT
- HUD: LICENSEES may NOT talk about the HANDICAPPED
- LICENSEES MAY ask about RENTAL HISTORY, etc
- but MUST ASK EVERYONE - CAN'T DISCRIMINATE
- MAY ASK about DRUG ABUSE and PAST DRUG CONVICTIONS
- FAMILIES WITH CHILDREN:
- CHILDREN: < 18
- ONE or TWO PARENTS
- PREGNANT WOMEN
- in PROCESS of getting CUSTODY of a CHILD
- LANDLORD MAY NOT...
- advertise "ADULT ONLY"
- refuse because family HAS CHILDREN
- impose STRICTER conditions, like HIGHER SECURITY DEPOSIT
- establish DUAL PURPOSE development (ADULTS-ONLY SECTION)
- LANDLORD MAY...
- RESTRICT CHILDREN'S use of POOL, EXERCISE ROOM, etc
- but MUST be based on SAFETY and HEALTH
- RESTRICT NUMBER OF OCCUPANTS based on local laws
- HOUSING for the ELDERLY is EXEMPT
- must be provided for ELDERLY under STATE or FED program OR
- ALL OCCUPANTS must be > 62 OR
- 80% of the UNITS must have at least one 55+
- complex MUST be TAILORED for ELDERLY
- complex MUST be MARKETED to ELDERLY
- STRENGTHENED ENFORCEMENT:
- under the 1988 AMENDMENT...
- now HUD itself may file a complaint
- CIVIL PENALTIES...
- $10,000 for FIRST VIOLATION
- $25,000 for SECOND VIOLATION
- $50,000 for SUBSEQUENT VIOLATIONS
- if PROCEEDS to FEDERAL COURT...
- under 1968 law PUNITIVE damages MAXED at $1,000
- under 1988 AMENDMENT, now ANY AMOUNT
- a LICENSEE has VIOLATED the LAW if he DENIES EQUAL SERVICE to anyone
based on RACE, COLOR, RELIGION, ANCESTRY, SEX, NATIONAL ORIGIN,
FAMILIAL STATUS, HANDICAP
- PENALTIES:
- LOSS of LICENSE
- CIVIL DAMAGES
- CRIMINAL PROSECUTION, FINES, PRISON
- so, you should...
- understand responsibilities under FAIR HOUSING LAWS
- constantly monitor your own actions
- not only INTENT, but also EFFECTS are important
- you could COMMIT a VIOLATION even if you had NO INTENT
- MOST COMMON AREAS for VIOLATION:
- BLOCKBUSTING:
- More Likely in Two Cases:
- when SALESPERSON spreads INFO about MINORITIES moving in
- when SALESPERSON uses INTENSIVE campaign in CHANGING neighborhd
- like PHONE, LETTERS, DOOR-TO-DOOR
- must NOT spread RACE-RELATED CALUMNIES (GOSSIP) about changes
- SALESPERSON may not IMPLY that change in RACE increases CRIME
- IMPROPER LISTINGS:
- Two Kinds:
- REFUSING to ACCEPT a LISTING BECAUSE seller is a MINORITY:
- ACCEPTING a LISTING where the SELLER excludes a MINORITY group:
- REFUSING TO SHOW PROPERTIES TO MINORITIES:
- STEERING:
- DIRECTING a MINORITY BUYER TOWARD a MINORTY NEIGHBORHOOD
- DIRECTING a NON-MINORITY BUYER AWAY from a MINORITY NEIGHBORHOOD
- ADVERTISING:
- like ADVERTISING to ORIENTAL families about ORIENTAL style home
- because the AD referred to RACE of potential BUYER
- LESS FAVORABLE TREATMENT TO MINORITIES:
- USUALLY BECAUSE SALESPERSON...
- INSULTS or IGNORES a MINORITY BUYER
- REFERS a MINORITY BUYER to a MINORITY LICENSEE
- does NOT use BEST EFFORTS to close a SALE
- gives PREFERENCE of NON-MINORITY offers over MINORITY offers
- treats MINORITY buyers differently in FINANCING
- ADDITIONAL REGULATIONS:
- EQUAL CREDIT OPPORTUNITY ACT:
- AMERICAN WITH DISABILITIES ACT - TITLE III:
- PROHIBITS DISCRIMINATION based on DISABILITY in PUBLIC ACCOMM.
- STATE and LOCAL LAWS:
- PROHIBIT DISCRIMINATION based on add'l CLASS or CATEGORIES of
individuals
- NATIONAL ASSOCIATION of REALTORS (NAR) CODE OF ETHICS:
- same as above plus...
- an INDIVIDUAL can file a COMPLAINT with the BOARD
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