Legal Aspects of Real Estate Ch. 13 Fair
Housing Laws ACTUAL UPDATED Exam
Questions and CORRECT Answers
Fair Housing law first began with the Civil Rights Act of 1866 - CORRECT ANSWER -
which prohibited discrimination in housing based on race. However, at that time the federal
government did not provide solutions, and the individuals involved had to provide their own
remedies. Because those being discriminated against had limited access to legal help, many
victims of discrimination were left without recourse.
Civil Rights Act of 1968, also known as the Fair Housing Act of 1968, - CORRECT
ANSWER - prohibited discrimination in housing based on race, color, religion, or national
origin.
In a 1968 landmark decision, the Supreme Court in Jones v. Mayer - CORRECT
ANSWER - ruled that discrimination on the basis of race is strictly prohibited. This means
there can be NO EXEMPTIONS OR EXCEPTIONS with regard to race.
Title VI of the Civil Rights Act of 1964 - CORRECT ANSWER - was enacted to prohibit
discrimination on the basis of race, color, or national origin in programs and activities receiving
federal financial assistance.
In 1974, the Housing and Community Development Act added - CORRECT ANSWER -
sex to the list of protected classes.
And in 1988, the Fair Housing Amendments Act added - CORRECT ANSWER - handicap
and familial status.
Based on these laws, the list of protected classes of the Federal Fair Housing Act are: -
CORRECT ANSWER - Race
Religion
Color
,National origin
Sex
Handicap
Familial status
Disability or Handicap - CORRECT ANSWER - If a person has a physical or mental
disability or handicap (including hearing, mobility and visual impairments, chronic alcoholism,
chronic mental illness, AIDS, AIDS Related Complex, and mental retardation) that substantially
limits one or more major life activities, has a record of such a disability or is regarded as having
such a disability, a property owner may not:
Refuse to let the person make reasonable modifications to the dwelling or common use areas, at
his or her expense, so he or she can use the housing. (Where reasonable, the landlord may permit
changes only if the person agrees to restore the property to its original condition when he or she
moves.)
For example, a building with a "no pets" policy must allow a visually-impaired tenant to keep a
guide dog.
Requirements for Buildings - CORRECT ANSWER - In addition to fair housing laws
requiring landlords to allow and/or make reasonable modifications and reasonable
accommodations to disabled tenants, the Fair Housing Act requires that new construction
buildings that are ready for first occupancy after March 13, 1991 adhere to the following
requirements:
Public and common areas must be accessible to persons with disabilities.
Doors and hallways must be wide enough for wheelchairs.
All units must have all of the following: An accessible route into and through the unit Accessible
light switches, electrical outlets, thermostats, and other environmental controls Reinforced
bathroom walls to allow later installation of grab bars Kitchens and bathrooms that can be used
by people in wheelchairs
These requirements only apply to buildings with an elevator and four or more units. If a building
with four or more units has no elevator and will be ready for first occupancy after March 13,
1991, these standards only apply to ground floor units.
, 1988 Amendments for Familial Status - CORRECT ANSWER - Unless a building or
community qualifies as housing for older persons, it may not discriminate based on familial
status.
Exemption: Housing for older persons is exempt from the prohibition against familial status
discrimination if one of the following conditions exists. - CORRECT ANSWER - The
HUD Secretary has determined that a property is specifically designed for and occupied by
elderly persons under a Federal, State or local government program.
It is occupied solely by persons who are 62 or older.
It houses at least one person who is 55 or older in at least 80 percent of the occupied units, and
adheres to a policy that demonstrates the intent to house persons who are 55 or older.
Fair Housing Enforcement - CORRECT ANSWER - The federal Fair Housing Act is
administered by the Office of Fair Housing and Equal Opportunity (FHEO) under the direction
of the secretary of Housing and Urban Development (HUD).
Any person who believes he or she has been discriminated against may file a complaint with
HUD within - CORRECT ANSWER - one (1) year of the alleged act. HUD can also
initiate a complaint on its own.
When HUD receives a complaint, it will start an investigation. Within 100 days, HUD will
determine if there is reasonable cause to charge discrimination or it will dismiss the complaint.
In addition to or instead of filing a complaint with HUD, a person may file a suit in a state or
federal court - CORRECT ANSWER - within two (2) years of the alleged violation. Note -
Federal civil penalties can reach as high as $150,000.
What are civil rights laws in the real estate industry designed to do? - CORRECT
ANSWER - They are designed to create a situation where persons having similar financial
means have similar choices when attempting to buy, lease, rent, or finance property.
What is significant about the Fair Housing Amendments Act of 1988? - CORRECT
ANSWER - It added disability and familial status to the list of protected classes.
Housing Laws ACTUAL UPDATED Exam
Questions and CORRECT Answers
Fair Housing law first began with the Civil Rights Act of 1866 - CORRECT ANSWER -
which prohibited discrimination in housing based on race. However, at that time the federal
government did not provide solutions, and the individuals involved had to provide their own
remedies. Because those being discriminated against had limited access to legal help, many
victims of discrimination were left without recourse.
Civil Rights Act of 1968, also known as the Fair Housing Act of 1968, - CORRECT
ANSWER - prohibited discrimination in housing based on race, color, religion, or national
origin.
In a 1968 landmark decision, the Supreme Court in Jones v. Mayer - CORRECT
ANSWER - ruled that discrimination on the basis of race is strictly prohibited. This means
there can be NO EXEMPTIONS OR EXCEPTIONS with regard to race.
Title VI of the Civil Rights Act of 1964 - CORRECT ANSWER - was enacted to prohibit
discrimination on the basis of race, color, or national origin in programs and activities receiving
federal financial assistance.
In 1974, the Housing and Community Development Act added - CORRECT ANSWER -
sex to the list of protected classes.
And in 1988, the Fair Housing Amendments Act added - CORRECT ANSWER - handicap
and familial status.
Based on these laws, the list of protected classes of the Federal Fair Housing Act are: -
CORRECT ANSWER - Race
Religion
Color
,National origin
Sex
Handicap
Familial status
Disability or Handicap - CORRECT ANSWER - If a person has a physical or mental
disability or handicap (including hearing, mobility and visual impairments, chronic alcoholism,
chronic mental illness, AIDS, AIDS Related Complex, and mental retardation) that substantially
limits one or more major life activities, has a record of such a disability or is regarded as having
such a disability, a property owner may not:
Refuse to let the person make reasonable modifications to the dwelling or common use areas, at
his or her expense, so he or she can use the housing. (Where reasonable, the landlord may permit
changes only if the person agrees to restore the property to its original condition when he or she
moves.)
For example, a building with a "no pets" policy must allow a visually-impaired tenant to keep a
guide dog.
Requirements for Buildings - CORRECT ANSWER - In addition to fair housing laws
requiring landlords to allow and/or make reasonable modifications and reasonable
accommodations to disabled tenants, the Fair Housing Act requires that new construction
buildings that are ready for first occupancy after March 13, 1991 adhere to the following
requirements:
Public and common areas must be accessible to persons with disabilities.
Doors and hallways must be wide enough for wheelchairs.
All units must have all of the following: An accessible route into and through the unit Accessible
light switches, electrical outlets, thermostats, and other environmental controls Reinforced
bathroom walls to allow later installation of grab bars Kitchens and bathrooms that can be used
by people in wheelchairs
These requirements only apply to buildings with an elevator and four or more units. If a building
with four or more units has no elevator and will be ready for first occupancy after March 13,
1991, these standards only apply to ground floor units.
, 1988 Amendments for Familial Status - CORRECT ANSWER - Unless a building or
community qualifies as housing for older persons, it may not discriminate based on familial
status.
Exemption: Housing for older persons is exempt from the prohibition against familial status
discrimination if one of the following conditions exists. - CORRECT ANSWER - The
HUD Secretary has determined that a property is specifically designed for and occupied by
elderly persons under a Federal, State or local government program.
It is occupied solely by persons who are 62 or older.
It houses at least one person who is 55 or older in at least 80 percent of the occupied units, and
adheres to a policy that demonstrates the intent to house persons who are 55 or older.
Fair Housing Enforcement - CORRECT ANSWER - The federal Fair Housing Act is
administered by the Office of Fair Housing and Equal Opportunity (FHEO) under the direction
of the secretary of Housing and Urban Development (HUD).
Any person who believes he or she has been discriminated against may file a complaint with
HUD within - CORRECT ANSWER - one (1) year of the alleged act. HUD can also
initiate a complaint on its own.
When HUD receives a complaint, it will start an investigation. Within 100 days, HUD will
determine if there is reasonable cause to charge discrimination or it will dismiss the complaint.
In addition to or instead of filing a complaint with HUD, a person may file a suit in a state or
federal court - CORRECT ANSWER - within two (2) years of the alleged violation. Note -
Federal civil penalties can reach as high as $150,000.
What are civil rights laws in the real estate industry designed to do? - CORRECT
ANSWER - They are designed to create a situation where persons having similar financial
means have similar choices when attempting to buy, lease, rent, or finance property.
What is significant about the Fair Housing Amendments Act of 1988? - CORRECT
ANSWER - It added disability and familial status to the list of protected classes.
