Current Issues in Fair Housing
Version 7.11
Fair Housing … It’s the Law!!
Whether unintentional or subtle,
discrimination is against the law.
People have a right to live wherever they can afford to live,
and real estate licensees have an obligation to protect that
right.
Join us for a few hours to examine and modify your
attitudes and behavior to treat
all clients & customers equally.
Be assured you will pass a tester’s investigation with flying
colors!
Learning Objectives
Upon completion of this course, participants will be able
to:
•
Relate the history of Fair Housing legislation
•
Discuss Title VIII of the Civil Rights Act of 1968
(Fair Housing Act) and Amendments to that Act
Learning Objectives
Upon completion of this course, participants will be able to:
•
Define “fair housing” as it pertains to the law.
•
List the Federally protected classes of the Fair
Housing Act
Learning Objectives
Upon completion of this course, participants will be able to:
•
Explain the various exemptions and how they apply
to the public
•
Distinguish which actions are prohibited under the
Fair Housing Act
Learning Objectives
Upon completion of this course, participants will be able to:
•
Apply safe and fair advertising practices
•
Recognize the words, phrases, and symbols in
advertising that would be considered violations of the
Fair Housing Act
Learning Objectives
Upon completion of this course, participants will be able to:
•
Describe the complaint process and potential
damages.
•
Explain how to file a fair housing complaint
•
Identify the acts that may lead to the Attorney General
to bring civil action against someone for Fair Housing
Violations
Learning Objectives
Upon completion of this course, participants will be able to:
• Set individual, personal and professional goals
to insure equal and ethical services for all.
What’s “Fair?”
Defining “Fair”
Dictionary definitions describe fair as being:
•
Free of favoritism or bias
•
Impartial
• Just to all parties
•
Equitable
•
Consistent with rules
Defining “Fair”
The Golden Rule
"Do unto others as you would have them do to you".
•
"Do to others as thou wouldst they should do to thee, and do to none
other but as thou wouldst be done to.” Socrates 1477
•
Sermon on the Mount: “All things whatsoever ye would that men
should do to you, do ye even so to them.”
et. al. including the New Testament, Talmud, Koran, the Analects of
Confucius, and so many writings about behavior!
Defining “Fair”
•
All I Really Need to Know I learned in Kindergarten
by Robert Fulghum:
•
Share everything
•
Play fair
•
Don’t hit people
•
Clean up your own mess
•
Say you’re sorry when you hurt someone
Defining “Fair”
What’s YOUR definition of “fair?”
Poll Question 1.
To be “fair” is to be:
A. Free of bias
B. Consistent with rules
C. Equitable
D. All of the above
A Historical Look at Fair
Housing
History of Fair Housing
The Declaration of Independence
affirmed that “all men are created equal,”
but the U.S. Constitution said that slaves were considered to
be “three-fifths of a person.”
History of Fair Housing
•
1776: The Declaration of Independence
“We hold these truths to be self-evident, that all men are
created equal, that they are endowed by their Creator
with certain unalienable Rights, that among these are
Life, Liberty and the pursuit of Happiness --That to
secure these rights, Governments are instituted among
Men, deriving their just powers from the consent of the
governed…”
History of Fair Housing
• 1787: Article 1 of the US Constitution
“Representatives and direct Taxes shall be apportioned
among the several States which may be included within
this Union, according to their respective Numbers, which
shall be determined by adding to the whole Number of free
Persons, including those bound to Service for a Term of
Years, and excluding Indians not taxed, three fifths of all
other Persons.”
History of Fair Housing
• 1857: The Dred Scott Decision
Dred Scott v. Sandford, also known as the Dred Scott Decision, was
a ruling by the U.S. Supreme Court that people of African descent
brought into the United States and held as slaves (or their
descendants, whether or not they were slaves) were not protected
by the Constitution and could never be U.S. citizens.
Some are of the opinion that this started the Civil War!
History of Fair Housing
• 1861 – 1865: The Civil War
•
1863: The Emancipation Proclamation
During the war, an executive order by President
Lincoln freed many but not all slaves
(“Freedmen” - not citizens.)
•
1865 – 1877: The Reconstruction Era
History of Fair Housing
The Reconstruction Era
1865: The 13th Amendment
Abolished slavery
"Neither slavery nor involuntary servitude, except as a
punishment for crime whereof the party shall have been
duly convicted, shall exist within the United States, or any
place subject to their jurisdiction."
History of Fair Housing
The Reconstruction Era
1866: The Civil Rights Act of 1866
“All citizens of the United States shall have the same right, in every
state and territory, as is enjoyed by white citizens thereof to inherit,
purchase, lease, sell, hold, and convey real and personal property.”
NOTE: In 1987 the Supreme Court broadened the definition to include (in
some cases) ethnicity and religion.
History of Fair Housing
The Reconstruction Era
1870: The 14th Amendment
Guaranteed all persons due process & equal
protection under the law.
“All persons born or naturalized in the United States, and subject to
the jurisdiction thereof, are citizens of the United States and of the
state wherein they reside. No state shall make or enforce any law
which shall abridge the privileges or immunities of citizens of the
United States; nor shall any state deprive any person of life, liberty,
or property, without due process of law; nor deny to any person
within its jurisdiction the equal protection of the laws.”
Feedback Question 2.
In 1787 Article 1 of the US Constitution
A.
B.
C.
D.
Freed the slavesConsistent with rules
Counted slaves as 3/5 of a person for the purpose of
taxation and representation.All of the above
Declared that all men are created equal
Guaranteed all persons due process and equal
protection under the law
(Answer by clicking in the feedback panel)
Feedback Question 3.
The Civil Rights Act of 1866 does which of the following?
A.
Grants all citizens the same rights as white citizens to
own¸ purchase¸ lease¸ transfer or use real property
B. Allows exemptions only for homes sold without the
assistance of a real estate practitioner
C. Effectively prohibits all discrimination in real estate
based on race
D. Both a and c
(Answer by clicking in the feedback panel)
A Chronology of Court Cases
Chronology of Court Cases
1896: Plessy v. Ferguson
Establishes “separate but equal”
In Plessy v. Ferguson the U.S. Supreme Court decided that a
Louisiana law mandating separate but equal accommodations
for blacks and whites on intrastate railroads was constitutional.
This decision provided the legal foundation to justify many
other actions by state and local governments to socially
separate blacks and whites.
Chronology of Court Cases
1917: Buchanan v. Warley
Strikes down racial “zoning” law
The United States Supreme Court declares racially biased zoning
unconstitutional.
The Buchanan decision marked a victory in the battle against
racial segregation; however it focused only on upholding property rights,
not affirming equal protection under the law.
Buchanan only applied to legal statues, not private agreements, and as a
result, racially restrictive covenants became a common practice.
Chronology of Court Cases
Example of a restrictive covenant
in post WWII deeds granted in
Long Island, NY by developer William Levitt:
“The tenant agrees not to permit the premises to be used or
occupied by any person other than members of the Caucasian
race. But the employment and maintenance of other than
Caucasian domestic servants shall be permitted.”
Chronology of Court Cases
1948: Shelley v. Kraemer
US Supreme Court case which held
that courts cannot enforce private,
restrictive, racial covenants on real estate.
Poll Question 4.
Private, restrictive racial covenants in real estate
A. Still appear in some deeds today
B. Are enforceable in US territories
C. Are unenforceable by law
D. Both a and c
Chronology of Court Cases
1954: Brown v. Board of Education
Abolishes “separate but equal” law
The Brown decision did more than reverse the Plessy doctrine
of “separate but equal.” It reversed centuries of segregationist
practice and thought in America. For that reason, the Brown
decision is seen as a transforming event—the birth of a political
and social revolution.
Fair Housing Legislation
The Birth of Modern Fair Housing
Fair Housing Legislation
Title VI to the Civil Rights Act of 1964
Prohibited discrimination in public accommodations, in all
federally assisted programs, and in employment on the
basis of:
Race
Color
Religion
Sex
National origin
1968: The Birth of Modern
Fair Housing
Martin Luther King, Jr.
1929 – 1968
1963: “I Have a Dream” Speech
1964: Nobel Peace Prize
1968: The Birth of Modern Fair
Housing
“I have a dream
that my four little children
will one day live in a nation
where they will not be judged
by the color of their skin,
but by the
content of their character.”
Martin Luther King, Jr.
1968: The Birth of Modern Fair
Housing
At sunset on April 4, 1968, Martin Luther King, Jr. was fatally shot
while standing on the balcony of the Lorraine Motel in Memphis,
TN. There were riots and disturbances in 130 American cities and
20,000 arrests. King’s funeral on April 19th was an international
event. Within one week of his death, on April 11, Title VIII of the
Civil Rights Act (aka the Fair Housing Act) was enacted into law by
President Lyndon B. Johnson. In 1983 President Reagan declared
the 3rd Monday in January a national holiday to celebrate the
birthday of MLK, Jr.
Feedback Question 5.
Martin Luther King, Jr
A.
B.
C.
D.
Won the Nobel Peace PrizeAre enforceable in US
territories
Wrote the lyrics to “Give Peace a Chance”
Was fatally shot at the 1963 “March on Washington for
Jobs and Freedom”
Escaped slavery when his family fled the South
(Answer by clicking in the feedback panel)
Feedback Question 6.
In Jones v. Alfred H. Mayer Co. the Court held that the Civil
Rights Act of 1866 banned private, as well as
government, racial discrimination in housing.
A.
B.
True
False
(Answer by clicking in the feedback panel)
Martin Luther King, Jr.
Memorial
Washington, DC dedicated 10/16/11
“… out of the mountain of despair a stone of hope.”
Inscription:
I was a drum major for justice,
peace and righteousness.
1968: The Birth of Modern Fair
Housing
“We must learn
to live together
as brothers
or perish together
as fools.”
Martin Luther King, Jr.
1968: The Birth of Modern
Fair Housing
April 4: assassination of Martin Luther King, Jr.
April 11: Congress enacts Title VIII of the Civil Rights Act of 1968
(Fair Housing Act)
June 17: Jones v Meyer decision
In Jones v. Alfred H. Mayer Co. the Court held that the Civil Rights Act
of 1866 banned private, as well as government, racial discrimination
in housing. Thus the 1866 Act was given new life, and could be used
to fight racial discrimination.
Federally Protected Classes
Race
Color
Religion
Sex
Handicap
Familial Status
National Origin
Federally Protected Classes
R
C
R
S
H
F
N
Federally Protected Classes
• Race
Realtors
• Color
Can
• Religion
Really
• Sex
Sell
• Handicap
Houses
• Familial Status
Fast
• National Origin
Now
Federally Protected
Classes
Race
Color
Religion
Sex
Handicap
Familial Status
National Origin
Federally Protected Classes
• Race
1968
Realtors
• Color
1968
Can
• Religion
1968
Really
• Sex
1974
Sell
• Handicap
1988
Houses
• Familial Status
1988/95
Fast
• National Origin
1968
Now
Poll Question 7.
Under the federal fair housing law, the seven protected
classes include
A.
B.
C.
D.
Race¸ color¸ source of income¸ handicap¸ national origin¸
marital status¸ religion
Race¸ color¸ religion¸ sex¸ handicap¸ familial status¸
national origin
Race¸ sexual orientation¸ sex¸ familial status¸ handicap¸
age¸ national origin
None of the above
Feedback Question 8.
Individuals with albinism are guaranteed rights under the
federally protected class “color.”
A. True
B. False
(Answer by clicking in the feedback panel)
Feedback Question 9.
Based on federal fair housing law, which of the following
people would be protected:
A. A divorced female¸ single parent
B. A 35-year-old single¸ Jewish man
C. A 50-year-old white man
D. All of the above
(Answer by clicking in the feedback panel)
Additional State Protected
Classes
Field Trip:
Discover any extra protected classes in your state, country
and/or locale.
Find and learn the Fair Housing Laws for your state:
www.civilrights.org/fairhousing/laws/state-laws.html
Or ‘Google’ your state:
Ex: Utah protected classes housing
Amendments to the Fair
Housing Act
Federally Protected Classes
… amendments
• Sex (gender)
1974
• Handicap
1988
• Familial Status
1988/95
Amendments to the Fair
Housing Act
1974 Amendment: Sex (Gender)
Housing and Community Development Act
Added sex as another prohibited basis for
discrimination
Amendments to the Fair
Housing Act
Also in 1974:
Equal Credit Opportunity Act
Prohibited credit discrimination on the basis of:
Race
Color
Religion
National origin
Gender or marital status
Age
Amendments to the Fair
Housing Act
1988: Protection for the Handicapped (aka Disability)
The 1988 Act defined handicap as:
•A physical or mental impairment which substantially limits one
or more of a person’s major life activities
•A record of having such an impairment, or
•Being regarded as having such an impairment
Amendments to the Fair
Housing Act
1988: Protection for the Handicapped
Specifically cited as examples of disabilities are:
• Hearing, mobility and visual impairments
• Chronic alcoholism (but not currently drinking)
• Drug addiction (but not currently using drugs)
• Chronic mental illness
• Cerebral palsy
• Epilepsy
• AIDS
• People who use walkers or other equipment
• People who use service animals
Amendments to the Fair
Housing Act
1988: Protection for the Handicapped
The definition specifically excludes persons who are
engaging in the illegal use of drugs.
Poll Question 10.
Under federal fair housing laws, it is legal to prohibit which
of the following in a housing unit?
A. Smoking
B. A live-in caregiver for a resident with a disability
C. Drinking alcohol
D. Both a and c
Amendments to the Fair
Housing Act
1988: Protection for the Handicapped
More Recent Disability Etiquette
X
Amendments to the Fair
Housing Act
1988: Protection for the Handicapped
Reasonable Modifications & Reasonable Exceptions
COMMONLY ASKED QUESTIONS ABOUT SERVICE ANIMALS IN PLACES OF BUSINESS
www.ada.gov/qasrvc.htm
1988: Protection for the
Handicapped
Service Animals:
In the United States, the Americans with Disabilities Act
(ADA) defines a service animal as "any guide dog, signal
dog, or other animal individually trained to provide
assistance to an individual with a disability.”
•
•
•
Guide animal—to guide the blind (sight impaired)
Hearing animal—to signal the hearing impaired
Service animal—to do work for persons with disabilities
other than blindness or deafness.
1988: Protection for the
Handicapped
Comfort Animals:
Comfort Animals Are Not Necessarily Service Animals.
No statute or regulation specifies that a landlord must allow a person to have a
comfort animal. Unlike a service animal which is trained to perform physical
acts to aid a disabled person, a comfort animal provides love, reassurance,
social interaction and other emotional benefits for a tenant. The animal does not
have to be trained to provide comforting since its function is to be there, not to
do a task.
NOTE: People with mental health or emotional problems may be
considered disabled (or handicapped in the language used by the Fair
Housing Act) if they meet the statutory definition. Then the ‘comfort
animal’ is, in essence, a ‘service animal.’
Feedback Question 11.
A “comfort animal” is synonymous with “service animal” .
A.
B.
True
False
(Answer by clicking in the feedback panel)
Feedback Question 12.
No statute or regulation specifies that a landlord must
allow a person to have a comfort animal.
A. True
B. False
(Answer by clicking in the feedback panel)
Amendments to the Fair
Housing Act
Discrimination against Lesbian, Gay, Bisexual and
Transgender Individuals
•The Fair Housing Act does not specifically include sexual
orientation and gender identity as protected classes.
Many state laws do, however.
Know YOUR state laws!
•The NAR Code of Ethics includes sexual orientation in its
Article 10.
Amendments to the Fair
Housing Act
• Familial Status
The HUD regulations state that “families with children must be
provided the same protections as other classes of persons
protected by the Fair Housing Act.” The law defines “familial
status” as one or more individuals (who have not attained the age
of 18 years) being domiciled with:
A parent or another person having legal custody of such
individual, or
The designee of such parent or other person having such
custody, with the written permission of such parent or other
person
Amendments to the Fair
Housing Act
1988: Familial Status (families with children)
The law further states that the protections afforded
against discrimination on the basis of familial status
shall apply to any person who is pregnant or is the
process of securing legal custody of any individual
who has not attained the age of 18 years.
Poll Question 13.
“Familial Status” applies to persons who are
A. Pregnant
B. Attaining custody
C. Legal guardians
D. All of the above
Amendments to the Fair
Housing Act
Occupancy Standards
The Fair Housing Act allows housing providers to
adhere to any reasonable local, state, or federal
regulations regarding the maximum number of
persons permitted to occupy a dwelling.
HUD supports a minimum of 2 people per bedroom.
Amendments to the Fair
Housing Act
Occupancy Standards
The standards must be based on things such as:
•
Size of the unit
•
Number of bedrooms and their dimensions
•
Configuration of the unit
•
Physical limitations of the housing
•
State and local laws and zoning
•
Capacity of the building, such as water and sewer
Amendments to the Fair
Housing Act
Housing for Older Persons (HOPA)
1988 and 1995
1988: Housing for older persons is exempt from the prohibition
against familial status if:
The HUD Secretary has determined that it is specifically
designed for and occupied by elderly persons under a federal,
state or local government or
It is occupied solely by persons that are 62 or older.
Amendments to the Fair
Housing Act
Housing for Older Persons (1988 and 1995)
Housing for older persons is exempt from the prohibition
against familial status if:
The HUD Secretary has determined that it is specifically
designed for and occupied by elderly persons under a federal,
state or local government or
It is occupied solely by persons that are 62 or older
Amendments to the Fair
Housing Act
Housing for Older Persons (HOPA) in 1988 and 1995
(1995) It houses at least one person who is 55 or
older in at least 80 percent of the occupied units;
has significant services and facilities for older
persons; and adheres to a published policy that
demonstrates an intent to house persons who are
55 or older.
Prohibited Actions
Prohibited Actions
•
Refuse to rent or sell housing or to negotiate for
housing
•
Make housing unavailable or deny a dwelling
•
Set different terms, conditions or privileges for sale
or rental of a dwelling or in the provision of different
housing services or facilities
Prohibited Actions
•
Falsely denying that housing is available for
inspection, sale or rental
•
For profit, persuading owners to sell or rent
(blockbusting)
•
Advising people where they should live
(steering)
Prohibited Actions
• Denying anyone access to or membership in a facility
or service (such as a multiple listing service) related to
the sale of rental of housing
• Threatening, coercing, intimidating or interfering with
anyone exercising a fair housing right or assisting
others who exercise that right.
Federal Exemptions
Federal Exemptions to the
Fair Housing Act
• never in advertising!
• never if agent involvement!
• never re color or race!
Federal Exemptions to the
Fair Housing Act
Jones v. Alfred H. Mayer Company
In this case, the U.S. Supreme Court applied the
Civil Rights Act of 1866 to prohibit any racially-based
discrimination in housing. Based on the 1866 law,
if discrimination on the basis of race occurs, the
aggrieved party can file an action in federal district court
for an injunction and damages.
Federal Exemptions
•
FSBO
•
“Mrs. Murphy” - owner-occupied 2-4 Family
(Note: Your state may be more restrictive.)
•
Religious Organizations or Private Clubs
• Housing for Older Persons (HOPA ‘88/’95)
Feedback Question 14.
The federal fair housing law grants an exemption to an
owner occupied 2-6 family house?
A. True
B. False
(Answer by clicking in the feedback panel)
Recent Court Cases
Recent Court Cases
United States v. Matusoff Rental Company
(S.D. Ohio)
The complaint alleged that Defendant Roger
Matusoff, the owner of three apartment complexes
located in Ohio violated the Fair Housing Act by
discriminating against several African-Americans
and families with children. The court imposed a total
fine of $535,000 as a penalty for the violations.
Recent Court Cases
Lindsay v. Yates (N.D. Ohio)
The Lindsays believed that Yates did not want to sell them the
property because they were African American. Their only evidence
was the suspicious timing of Yates’s termination after meeting
them. The court of appeals reversed and remanded the trial court's
decision stating that the short period of time between the initial
meeting and Yates's termination of the sale was enough evidence
of discrimination to overcome summary judgment.
Recent Court Cases
•
Religious Discrimination
United States v. Triple H. Realty, et al. (D. N.J.)
• Gender-based Discrimination
United States v. William E. Brewer and Lena P.
Brewer (E.D. Tenn.)
•
Disability vs. Age Restriction
Canady v. Prescott Canyon Estates Homeowners
Assoc. Court of Appeals of Arizona
Feedback Question 15.
When a prospect inquires about the socio-demographics of
neighborhoods or schools, you should respond by
saying:
A.
B.
C.
D.
"I believe the neighborhood has a few Hispanic families¸ I can check
and get back to you."
"The Fair Housing Act prohibits me from providing that kind of
information. I recommend you contact the school district¸ municipal
government¸ or the local library."
"I wouldn't worry about that¸ the neighborhood is safe and the schools
are good."
"Residents in this neighborhood value diversity¸ you'll fit right in."
(Answer by clicking in the feedback panel)
Recent Court Cases
•
Age Restriction Amendment to By-Laws
Defective
Wilson v. Playa De Serrano
•
Occupancy Limits
Reeves v. Rose
• Reasonable Accommodation
Bently v. Peace & Quiet Realty 2 LLC
Advertising and Promotion
Advertising & Promotion
In 1972, in the United States v. Hunter, the Court of
Appeals said that even though a homeowner or landlord
may have a dwelling that is exempt from coverage
under the Fair Housing Act, they are not free to employ
discriminatory advertising. Also, the Hunter case is
important because it established that HUD’s advertising
rules:
• Apply to newspapers and other media, even if the ads were
•
•
drafted by someone else
The provision does not violate the First Amendment’s
guarantee of freedom of the press
That whether an advertisement violates the Act will be
determined by how an “ordinary reader” would interpret the
ad
Advertising & Promotion
The Fair Housing Act, as amended says it is illegal “to
make, print or publish, or cause to be made, printed or
published any notice, statement, or advertisement with
respect to the sale or rental of a dwelling that indicates
any preference, limitation or discrimination based on
race, color, religion, sex, handicap, familial status, or
national origin, or an intention to make such preference,
limitation, or discrimination.”
Advertising & Promotion
Important:
“indicates any preference, limitation or discrimination” means
violation of the law can occur without intent.
It is the perception of the reasonable reader that determines whether
the ad, notice or statement violates the law!
Advertising & Promotion
Words, Phrases, Symbols, and Forms
HUD’s advertising guidelines provide a list of words,
phrases, symbols and forms that are most often used in
real estate advertising and convey either overt or tacit
discriminatory preferences or limitations.
Guidelines apply to ALL media –
Including electronic!
Advertising & Promotion
Words, Phrases, Symbols, and Forms
Selective use of equal opportunity slogan or logo: When
placing ads, such selective use may involve placing the
equal housing opportunity slogan or logo in advertising
reaching some geographic areas, but not others, or with
respect to some properties, but not others.
Advertising & Promotions
Selective Use/Target Marketing
Selective geographic advertisements: This may involve the
strategic placement of billboards; brochure ads distributed
within a limited geographic area by hand or in the mail;
advertising in particular geographic coverage editions of major
metropolitan newspapers or in newspapers of limited
circulation which are mainly advertising vehicles for reaching a
particular segment of the community; or displays or
announcements available only in selected sales offices.
Advertising & Promotion
Using Visuals
Using only ‘adult’ or only ‘white’ or only ‘men’ models
over a significant period of time could be perceived as
implying preference and limiting choices.
Mix it up!
Office Policy & Procedures
All advertising of residential real estate for sale, rent or
financing should contain an equal housing opportunity
logotype, statement, or slogan as a means of educating
the home-seeking public that the property is available to
all persons regardless of race, color, religion, sex,
handicap, familial status, or national origin.
Office Policy and Procedures
Prominently display the Fair Housing Poster
Office Policy and Procedures
•
Fair Housing Declaration
Consider a statement like this:
“We are pledged to the letter and spirit of U.S. policy for the
achievement of equal housing opportunity throughout the
nation. We encourage and support an affirmative advertising
and marketing program in which there are no barriers to
obtaining housing because of race, color, religion, sex,
handicap, familial status, or national origin.”
Office Policy & Procedures
•
Standardized Forms and Paper Trail
•
Policy & Procedure Manual
Feedback Question 16.
You must include an Equal Opportunity logo in ads larger
than 3 inches by 3 inches that promote residential
property for sale.
A.
B.
True
False
Source: www.realtor.org/rmotoolkits.nsf/pages/fair06
Reprinted from REALTOR® Magazine online 2010 with permission of the NATIONAL
ASSOCIATION OF REALTORS®. Copyright 2010. All rights reserved.
Answer
False
You must include an Equal Opportunity logo in ads larger than 3
inches by 3 inches that promote residential property for sale.
Source: www.realtor.org/rmotoolkits.nsf/pages/fair06
Reprinted from REALTOR® Magazine online 2010 with permission of the NATIONAL
ASSOCIATION OF REALTORS®. Copyright 2010. All rights reserved.
Feedback Question 17.
The description of a house used on the local MLS is also
subject to fair housing guidelines.
A. True
B. False
(Answer by clicking in the feedback panel)
Answer
True
The description of a house used on the local MLS is
also subject to fair housing guidelines.
Feedback Question 18.
Indicating in an ad that a property has handicapped
accessibility is a violation of the Fair Housing Act.
A. True
B. False
(Answer by clicking in the feedback panel)
Answer
False
Indicating in an ad that a property has handicapped
accessibility is a violation of the Fair Housing Act.
Feedback Question 19.
Brokers are liable for discrimination in ads placed by sales
associates even if they had no knowledge of the ad
before publication.
A.
B.
True
False
(Answer by clicking in the feedback panel)
Answer
True
Brokers are liable for discrimination in ads placed by
sales associates even if they had no knowledge of the
ad before publication.
Feedback Question 20.
It is acceptable to consistently use only white models in
your advertising provided that your market area is at
least 85 percent white and that you do not include any
discriminatory language in the copy of your ads.
A.
B.
True
False
(Answer by clicking in the feedback panel)
Answer
False
It is acceptable to use only white models in your
advertising provided that your market area is at least
85 percent white and that you do not include any
discriminatory language in the copy of your ads.
Feedback Question 21.
Failure to prominently display the Fair Housing poster in a
brokers office is viewed as “intent to discriminate” by
HUD.
A.
B.
True
False
(Answer by clicking in the feedback panel)
Answer
True
Failure to prominently display the Fair Housing poster
in a broker’s office is viewed as “intent to discriminate”
by HUD
Fair Housing Enforcements
Fair Housing Enforcement
WHO may file a complaint?
Reporting Process:
As a general rule, there are three enforcement options
available for victims of housing discrimination:
•
Enforcement through HUD
•
Enforcement through the Department of Justice
• Enforcement by means of a private lawsuit filed in
Federal District Court.
Fair Housing Enforcement
HUD remains the most common and important way to
seek relief. They offer free legal representation,
have an established procedure in place to offer
comparatively rapid resolution of the issues, and it will be
tried before an administrative court judge with experience
in fair housing issues.
Poll Question 22.
Who can file a Fair Housing complaint?
A. HUD
B. The public
C. A real estate agent
D. All of the above
Fair Housing Enforcement
Filing a Complaint
An aggrieved person may file a complaint with Secretary of HUD,
within one year after an alleged discriminatory housing practice has
occurred or terminated. Complaints may be filed by telephone or by
mail to the nearest HUD regional office.
Fair Housing Enforcement
Filing a Complaint
Fair Housing Enforcement
Filing a Complaint
Fair Housing Enforcement
Filing a Complaint
Fair Housing Enforcement
Filing a Complaint
Fair Housing Enforcement
Filing a Complaint
Fair Housing Enforcement
Filing a Complaint
A complaint form may also be filled out on the HUD web
site.
http://portal.hud.gov/hudportal/HUD?src=/topics/housing_
discrimination
Online form:
https://www5.hud.gov/Hud903/main/pagHUD903Form.jsp
Fair Housing Enforcement
Filing a Complaint
If HUD’s investigation reveals that reasonable cause
exists, they will issue a formal charge. In the absence of
reasonable cause, they will dismiss the complaint.
Within 3 business days after issuing a charge, HUD
must file it with the Office of Administrative law judges
and serve it on the complainant and the respondent.
Fair Housing Enforcement
Filing a Complaint
If the Administrative Law Judge determines that a discriminatory
practice has occurred, the following relief may be ordered:
• Actual damages
• Equitable relief
• Injunctive relief
• Civil penalties
Fair Housing Enforcement
Filing a Complaint
•Actual damages – including humiliation, pain and suffering, mental anguish
plus out-of-pocket expenses
•Equitable relief – for example, make the dwelling available to you
•Injunctive relief – preventing the respondent from discriminating in the future
•Civil penalties – to vindicate the public interest, the respondent may be fined
up to $11,000 for a first offense, $27,500 if there has been a prior offense within
5 years and up to $55,000 if there have been two or more offenses within the
past 7 years.
Fair Housing Enforcement
Enforcement by the Department of Justice
The Fair Housing Act authorizes the Attorney
General to bring civil actions in certain instances:
1. If there is cause to believe that any person or
group is engaged in a pattern or practice of
resistance to the full enjoyment of any rights
granted by this title
Fair Housing Enforcement
Enforcement by the Department of Justice
2. If there is cause to believe that any group of
persons has been denied any rights and such denial
raise an issue of general public importance
3. If the Secretary of HUD refers a case of
discriminatory practice to the Attorney General
Fair Housing Enforcement
Enforcement by the Department of Justice
4. If there is a breach of a conciliation agreement
entered into by HUD
5. These civil actions pursued by the Attorney
General may result in a penalty up to $55,000
for a first violation and up to $110,000 for any
subsequent violation.
Fair Housing Enforcement
Private Law Suits
The last course of action would be to file a civil action in an
appropriate Federal District Court or State Court. Any
aggrieved person may file suit, at their own expense, within
two years of an alleged violation. You may even bring suit
after filing a complaint with HUD, if you have not signed a
conciliation agreement and an Administrative Law Judge
has not started a hearing.
Fair Housing Enforcement
Private Law Suits
• A court may award actual and punitive damages and
attorney’s fees and costs. The Fair Housing
Amendments Act also removed the former $1,000 cap
on punitive damages.
Wrap-up and Commitment
Wrap-up and Commitment
Personal Action Steps to Insure
Equal and Ethical Services for All
•
I learned / was reminded of….
•
As a result of this session I will stop….
•
As a result of this session I will start….
QUESTIONS?
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Thank You!
Thank you from Roseann Farrow!
Contact me at
roseann@rfseminars.com