Legal Aspects of Real Estate Ch. 13 Fair
Housing Laws UPDATED Exam Questions
and CORRECT Answers
Civil Rights Act of 1866 - CORRECT ANSWER - 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.
First law
Title VIII of the 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
Jones v. Mayer - CORRECT ANSWER - In a 1968 landmark decision, the Supreme Court
in Jones v. Mayer 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 - 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 - CORRECT ANSWER - added
sex to the list of protected classes.
And in 1988, the Fair Housing Amendments Act - CORRECT ANSWER - added handicap
and familial status.
Based on these laws, the list of protected classes of the Federal Fair Housing Act are:
,Race
Religion
Color
National origin
Sex
Handicap
Familial status
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: - CORRECT
ANSWER - 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.)
Refuse to make reasonable accommodations in rules, policies, practices, or services if necessary
for the disabled person to use the housing.
For example, a building with a "no pets" policy must allow a visually-impaired tenant to keep a
guide dog.
In response to the 1988 Fair Housing Amendments Act
Fair Housing Act requires - CORRECT ANSWER - 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.
Note: These requirements for new buildings do not replace stricter standards that apply in state
or local law.
1988 Fair Housing Amendments Act for Familial Status - CORRECT ANSWER - Unless
a building or community qualifies as housing for older persons, it may not discriminate based on
familial status. That is, it may not discriminate against families in which one or more children
under 18 live with one of the following persons:
A parent
A person who has legal custody of the child or children
The designee of the parent or legal custodian, with the parent or custodian's written permission
Familial status protection also applies to pregnant women and anyone securing legal custody of a
child under 18, including households in the process of adopting a child, obtaining custody of a
child, getting guardianship of a child, or who provide foster care for children.
Exception for the Familial Status of the 1988 Fair Housing Amendments Act - CORRECT
ANSWER - Exemption: Housing for older persons is exempt from the prohibition against
familial status discrimination if one of the following conditions exists.
, 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 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.
Conciliation - CORRECT ANSWER - a method of outside resolution of labor and
management differences in which a third party is brought in to keep the two sides talking
During the investigation period, HUD can attempt to resolve the complaint by getting assurance
from the person against whom the complaint was filed that he or she will remedy the alleged
violation. This is called conciliation. A conciliation agreement must protect both the person
filing the complaint and the public interest. If an agreement is signed, HUD will take no further
action on the complaint. However, if HUD has reasonable cause to believe that a conciliation
agreement is breached, HUD will recommend that the Attorney General file suit.
If the case goes to an administrative hearing, HUD attorneys will litigate the case for the person
filing the complaint. That person may intervene in the case and choose to be represented by his
or her own attorney.
Housing Laws UPDATED Exam Questions
and CORRECT Answers
Civil Rights Act of 1866 - CORRECT ANSWER - 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.
First law
Title VIII of the 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
Jones v. Mayer - CORRECT ANSWER - In a 1968 landmark decision, the Supreme Court
in Jones v. Mayer 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 - 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 - CORRECT ANSWER - added
sex to the list of protected classes.
And in 1988, the Fair Housing Amendments Act - CORRECT ANSWER - added handicap
and familial status.
Based on these laws, the list of protected classes of the Federal Fair Housing Act are:
,Race
Religion
Color
National origin
Sex
Handicap
Familial status
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: - CORRECT
ANSWER - 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.)
Refuse to make reasonable accommodations in rules, policies, practices, or services if necessary
for the disabled person to use the housing.
For example, a building with a "no pets" policy must allow a visually-impaired tenant to keep a
guide dog.
In response to the 1988 Fair Housing Amendments Act
Fair Housing Act requires - CORRECT ANSWER - 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.
Note: These requirements for new buildings do not replace stricter standards that apply in state
or local law.
1988 Fair Housing Amendments Act for Familial Status - CORRECT ANSWER - Unless
a building or community qualifies as housing for older persons, it may not discriminate based on
familial status. That is, it may not discriminate against families in which one or more children
under 18 live with one of the following persons:
A parent
A person who has legal custody of the child or children
The designee of the parent or legal custodian, with the parent or custodian's written permission
Familial status protection also applies to pregnant women and anyone securing legal custody of a
child under 18, including households in the process of adopting a child, obtaining custody of a
child, getting guardianship of a child, or who provide foster care for children.
Exception for the Familial Status of the 1988 Fair Housing Amendments Act - CORRECT
ANSWER - Exemption: Housing for older persons is exempt from the prohibition against
familial status discrimination if one of the following conditions exists.
, 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 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.
Conciliation - CORRECT ANSWER - a method of outside resolution of labor and
management differences in which a third party is brought in to keep the two sides talking
During the investigation period, HUD can attempt to resolve the complaint by getting assurance
from the person against whom the complaint was filed that he or she will remedy the alleged
violation. This is called conciliation. A conciliation agreement must protect both the person
filing the complaint and the public interest. If an agreement is signed, HUD will take no further
action on the complaint. However, if HUD has reasonable cause to believe that a conciliation
agreement is breached, HUD will recommend that the Attorney General file suit.
If the case goes to an administrative hearing, HUD attorneys will litigate the case for the person
filing the complaint. That person may intervene in the case and choose to be represented by his
or her own attorney.
