Unit 7

Important Fair Housing Legislation

Civil Rights Act of 1866: prohibits racial discrimination in all real estate sales."All citizens have the same rights to inherit, buy, sell, or lease all real and personal property."
The Civil Rights Act of 1964: forbids discrimination in federally subsid

Civil Rights Act of 1866

prohibits racial discrimination in all real estate sales."All citizens have the same rights to inherit, buy, sell, or lease all real and personal property.

The Civil Rights Act of 1964

forbids discrimination in federally subsidized housing.

Federal Fair Housing Act of 1968:

prohibits discrimination in housing based on race, color, religion or national origin when selling, buying or leasing residential real estate.

Jones v. Mayer 1968:

Supreme Court Case which prohibits racial discrimination in any real estate transaction (residential or commercial)

Housing and Community Development Act of 1974

added gender (sex) to the protected classes

Federal Fair Housing Amendments Act of 1988:

added mental or physical handicap and familial status (people with children under 18) to protected classes

The Civil Rights Act of 1866

Passed in the year after the Civil War, this law said that:
All citizens shall have the same rights to inherit, buy, sell, Or lease all real and personal property.
This law was largely ignored until the court case of Jones v. Mayer which was heard by the

Civil Rights Act of 1964

This act was passed shortly after the death of President John F. Kennedy and was signed by President Lyndon Johnson as part of the civil rights movement. The 1964 Civil Rights specifically:
gave the federal government the right to end segregation in the S

The Civil Rights Act of 1968

This law specifically prohibits discrimination in the sale, lease, or rental of real property. Also prohibited is discriminatory advertising related to these activities or any financing or brokerage service. It created the protected classes of race (alrea

Discriminatory Advertising

Discriminatory advertising is advertising in any media with the purpose of discriminating for or against a certain group of the protected classes. The advertisement implies acceptance (or denial) of certain groups. For an example, an advertisement for ren

Civil Rights Act of 1968 (cont'd)

In addition to those mentioned above, the following acts in financing are also illegal when the decisions are based on race, color, national origin or religion.
Refusing to make a mortgage loan
Refusing to provide information regarding loans
Imposing diff

The Housing and Development Act of 1974

The law added gender by inserting the protected class of "sex" to the wording of the 1968 Civil Rights Act. By the end of that year the protected classes were race, color, religion, national origin and sex.

The Civil Rights Act of 1988

Congress determined that though the intent of the 1968 Civil Rights Act was to prohibit segregation in housing, it had only been partially effective. Congress passed the Civil Rights Act of 1988 which added more protected classes to the 1968 Law and gave

Handicap Guidelines under the Civil Rights Act of 1988

If you or someone associated with you has a disability, the landlord may not:
Refuse to let a person with a disability make reasonable modification to a dwelling or common use area. If modification is required for tenant use of the facility, the landlord

Groups not Covered by Federal Fair Housing

Some groups are not covered by the Federal Fair Housing protected classes. These are age, marital status, occupation, or dependence on public assistance.
Housing that is covered by Federal Fair Housing:
All housing except for the housing stated in the exc

Housing for Older Adults

While the sign "Children not accepted." is generally illegal, there are some exceptions.
Housing for older adults is exempt from the familial status protection section of the Federal Fair Housing Act of 1988 if:
The building is occupied only by those 62 y

Equal Housing Opportunity Poster

Since 1972, brokers and lenders have been required to display the Equal Housing Opportunity Poster in offices, model homes, and lending offices. The poster must carry the equal housing logo and must include the words.
"We are pledged to the letter and spi

Enforcement of the Fair Housing Laws

The person making the complaint may make a complaint to either the Federal District Court or the Department of Housing and Urban Development (HUD).
Department of Housing and Urban Development will:
Refer it to a Federal District Court
Appoint an administr

The Role of the Broker and Sales Associate

The role of a real estate broker or sales associate:
Real estate licensees should be knowledgeable of all Fair Housing Laws.
Real estate licensees should never discuss the race, color, religion, national origin, familial status or handicap of the potentia

Americans with Disabilities Act

Passed in 1990, the Americans with Disabilities Act requires access to public transportation, public accommodation and commercial facilities. A disabled person must be given the same treatment as an able-bodied person.
The law also addresses access to new

Florida Laws

Florida Fair Housing Act
The Florida Fair Housing Act is similar to the Federal Fair Housing Act but where there is a conflict, the federal law will supercede.
Florida Americans with Disabilities Accessibility Implementation Act
Also similar to Federal la

Florida Uniform Land Sales Practices Act

Chapter 498 F.S. is the Florida Uniform Land Sales Practices Act which provides for the regulation and sale of subdivision property. The term subdivided lands pertains to land divided into 50 or more plots (usually lots).
The purpose of the law is to prov

Interstate Land Sales Full Disclosure Act

In order to provide consumer protection in interstate land sales, a property report must be given to all prospective buyers 3 business days before a sale contract is signed if the development exceeds 25 lots.
The contract to purchase may be revoked at the