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FAIR HOUSING THE FAIR HOUSING ACT HISTORICAL OVERVIEW 1787U.S. Constitution 1791Bill of Rights 1857Dred Scott Decision 1865Thirteenth Amendment 1866Civil.

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Presentation on theme: "FAIR HOUSING THE FAIR HOUSING ACT HISTORICAL OVERVIEW 1787U.S. Constitution 1791Bill of Rights 1857Dred Scott Decision 1865Thirteenth Amendment 1866Civil."— Presentation transcript:

1

2 FAIR HOUSING

3 THE FAIR HOUSING ACT

4 HISTORICAL OVERVIEW 1787U.S. Constitution 1791Bill of Rights 1857Dred Scott Decision 1865Thirteenth Amendment 1866Civil Rights Act of Fourteenth Amendment

5 HISTORICAL OVERVIEW 1896Plessy v. Ferguson 1948Shelly v. Kraemer 1954Brown v. Board of Education 1962Executive Order Civil Rights Act of Kerner Commission Report

6 HISTORICAL OVERVIEW 1968Civil Rights Act of Jones v. Mayer 1973Rehabilitation Act of Housing & Community Development Act 1988The 1988 Fair Housing Amendments Act

7 HISTORICAL OVERVIEW 1990The Americans with Disabilities Act 1995Amendments to the Fair Housing Act

8 HISTORY OF RESIDENTIAL SEGREGATION 1920s 1930s 1940s-50s-60s 1960s 1980s

9 EVOLUTION OF THE PROTECTED CLASSES Civil Rights Act of 1968 Race Color Religion National Origin 1974 Housing & Community Development Act Sex 1988 Fair Housing Amendments Act Familial Status Handicap

10 EXEMPTIONS Religious organizations Private clubs Occupancy standards Drug conviction Familial status Single family housing Mrs. Murphys exemption

11 DISCRIMINATORY HOUSING PRACTICES Refusing to rent, lease, or sell after an offer, or to make unavailable or deny a dwelling To discriminate in the terms, conditions or privileges of sale or rental, in the provision of services, or in the use of facilities Using advertisements, notices, or statements that indicate a preference, limitation, or discrimination Misrepresenting the availability of a dwelling

12 DISCRIMINATORY HOUSING PRACTICES Blockbusting To discriminate in the provision of brokerage services To discriminate in residential real estate - related transactions The making or purchasing of loans The selling, brokering, or appraising of residential real property

13 HUD REGULATIONS Failing to consider or accept an offer Refusing to sell or rent a dwelling Failing to negotiate with members of a protected class on an equal basis Imposing different sales prices or rental charges for the sale or rental of a dwelling

14 HUD REGULATIONS Using different qualification criteria or sale or rental procedures Evicting tenants because of a protected class factor Using different provisions in leases or contracts of sale Failing or delaying maintenance or repairs based on illegal criteria

15 HUD REGULATIONS Failing to process an offer for the sale or rental of a dwelling Restricting the availability of privileges, services, or facilities Requiring sexual favors as a condition of obtaining services or repairs Employing codes or devices to segregate or reject applicants, purchasers, or renters

16 HUD REGULATIONS Refusing to take or show listings of dwellings in certain areas because of protected class factors Refusing to provide municipal services or property or hazard insurance to neighborhoods, or providing such services or insurance differently because of race or other protected class status

17 STEERING To restrict or attempt to restrict the choices of a person by word or conduct Discouraging any person from inspecting, purchasing, or renting a dwelling Discouraging prospects by exaggerating drawbacks & failing to inform of desirable features

18 STEERING Communicating to any person that he or she would not be comfortable or compatible with existing residents Assigning any person to a particular section of a community, neighborhood or development, or to a particular floor of a building

19 MISREPRESENTATION Indicating that a dwelling that is available has been sold or rented Representing that covenants or other deed or lease provisions preclude the sale or rental of a dwelling Enforcing or attempting to enforce a restrictive covenant Limiting information about available dwellings Providing false or inaccurate information to testers

20 BLOCKBUSTING For profit, attempting to induce a person to sell or rent a dwelling by representations regarding the entry into the neighborhood of a particular protected group Engaging in conduct that conveys to a person that a neighborhood is undergoing or is about to undergo a change to encourage the person to sell or rent Encouraging any person to sell or rent by asserting that the neighborhood will experience undesirable consequences

21 DISCRIMINATION IN RESIDENTIAL REAL ESTATE-RELATED TRANSACTIONS The making or purchasing of loans, or providing other financial assistance for purchasing, constructing, improving, or maintaining a dwelling Redlining The selling, brokering, or appraising of residential real property

22 STATE AND LOCAL FAIR HOUSING LAWS Independent source of housing discrimination law Advantages of using a state procedure Examples of additional protected groups

23 THE 1988 FAIR HOUSING AMENDMENTS ACT & BEYOND

24 CHANGES MADE IN ENFORCEMENT Statute of limitations extended Cap on punitive damages removed Serious sanctions and remedies available through HUD Monetary awards and civil penalties available through the Department of Justice

25 APPLICATION OF THE FAIR HOUSING LAWS TO THE BANKING INDUSTRY Unlawful practices under the Fair Housing Act HUDs fair lending studies Sub prime lending Predatory lending

26 APPLICATION OF THE FAIR HOUSING LAWS TO THE BANKING INDUSTRY The Equal Credit Opportunity Act Protected classes Unlawful practices Notice requirement for creditors How the ECOA applies to housing Enforcement,available relief and statute of limitations New Mexico bank settles national origin claims with Justice Department

27 APPLICATION OF THE FAIR HOUSING LAWS TO THE INSURANCE INDUSTRY The HUD Regulations Debate over whether the Fair Housing Act applies to insurance and insurance redlining American Family settles insurance bias lawsuit for record $16 million

28 FAMILIAL STATUS DEFINITION Anyone under the age of 18 living with a parent or legal guardian The written designee of such parent or legal guardian Anyone about to obtain custody of someone under the age of 18 Pregnant women

29 HOUSING FOR OLDER PERSONS ACT OF 1995 Act repealed significant services and facilities requirement for housing to qualify for Housing for Older Persons exemption Act retains the requirement of one person 55 or older in 80% of the units Act provides for a Good Faith Defense for real estate agents

30 DEFINITION OF DISABILITY A physical or mental impairment that substantially limits a major life activity; A record of such an impairment; Being regarded as having such an impairment

31 DEFINITION OF DISABILITY Definition excludes persons who are currently using illegal drugs and transvestites Individuals who pose a direct threat to health and safety of others

32 DISABILITY DISCRIMINATION To discriminate in the sale or rental or to otherwise make unavailable or deny a dwelling to any buyer or renter because of a handicap of that buyer or renter a person residing in or intending to reside in that dwelling any person associated with that buyer or renter

33 DISABILITY DISCRIMINATION To discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling or in the provision of services or facilities because of a handicap of that buyer or renter a person residing in or intending to reside in that dwelling any person associated with that buyer or renter

34 CASE LAW ON GROUP HOMES U.S. Supreme Court rules Citys occupancy limit not exempt from the Fair Housing Act. City of Edmonds v. Oxford House New Mexico Supreme Court rules enforcement of restrictive covenant violates the Fair Housing Act. Hill v. Community…

35 DESIGN AND CONSTRUCTION REQUIREMENTS - NEW HOUSING Covered multifamily dwellings first occupied after March 13, 1991 Covered dwellings

36 ACCESSIBILITY FEATURES Public & common use areas must be readily accessible to & usable by handicapped persons All doors must be sufficiently wide to accommodate persons who use wheelchairs There must be an accessible route into and through the dwelling

37 ACCESSIBILITY FEATURES Light switches, electrical outlets, thermostats, and other environmental controls must be placed in accessible locations Reinforcements must be installed in bathrooms to allow for the later installation of grab bars Kitchens and bathrooms must be designed to allow people in wheelchairs to maneuver about the space

38 AIDS DISCLOSURE How AIDS is transmitted Fair housing concerns

39 THE AMERICANS WITH DISABILITIES ACT ADA & the Fair Housing Act Sales office in model home subject to ADA requirements. Sapp v. MHI Pship

40 FAIR HOUSING IN PROPERTY MANAGEMENT

41 FAIR HOUSING LAW AND PROPERTY MANAGEMENT Prohibited conduct Disorganization or discrimination?

42 RENTAL TRANSACTION PROCEDURES Needs and wants questionnaire The application process The selection process

43 APPLICANT SELECTION INQUIRIES To determine ability to meet financial requirements To determine if applicant is qualified for dwelling available only to persons with handicaps To determine if applicant is qualified for priority status

44 APPLICANT SELECTION INQUIRIES To determine if applicant is current illegal drug abuser To determine if applicant has ever been convicted of a drug-related felony

45 SECTION 8 PROGRAMS Creation of the Section 8 program Participation voluntary Case law - Salute v. Stratford Greens Garden Apartments

46 FAMILIAL STATUS DISCRIMINATION Case law Fair Plaza Associates settles lawsuit with Justice Department

47 DEVELOPING REASONABLE OCCUPANCY STANDARDS HUDs rule of thumb Purpose for occupancy standards

48 REASONABLE OCCUPANCY STANDARDS Fair Housing Laws Size of unit Age of the children Number of bedrooms Configuration of the unit Physical limitations State & local laws Capacities of the building

49 BOCA GUIDELINES Minimum 150 square feet for first occupant. Additional 100 square feet required for each additional person. Sleeping area requirements. BOCA includes living & dining rooms, kitchens & bedrooms.

50 FAMILIAL STATUS CASE LAW $250,000 settlement reached in Virginia Family Status Lawsuit - Fair Housing Group of greater Washington v. Westagroup.

51 DEVELOPING REASONABLE HEALTH AND SAFETY RULES Right of housing providers to develop and implement reasonable health and safety rules Court rulings Landlords rules discriminate against families with children - Fair Housing Congress v. Weber

52 DISABILITY DISCRIMINATION Inquiring if a person has a disability Reasonable modifications Reasonable accommodations Colorado landlord must attempt to accommodate mentally ill tenant prior to eviction - Roe v. Housing Authority of Boulder

53 FAIR HOUSING ADVERTISING

54 The Fair Housing Act makes it unlawful 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 because of race, color, religion, sex, handicap, familial status, or national origin.

55 THE HUNTER DECISION The Fair Housing Act applies to newspapers and other media The provision does not violate the First Amendments guarantee of freedom of press Established the ordinary reader concept

56 HUD ADVERTISING GUIDELINES Use of words, phrases, symbols, or visual aids Selective use of advertising media or content Selective geographic advertisements Selective use of equal opportunity slogan or logo Selective use of human models

57 1995 HUD MEMORANDUM Race, Color, National Origin Master Bedroom; Rare Find; Desirable Neighborhood Religion Merry Christmas; Happy Easter Sex Mother-in-law Suite; Bachelor Apartment Handicap Great View; Walk-in Closet; Walk to Bus Stop Familial Status No Bicycles; Family Room; Quiet Streets

58 HUD ADVERTISING GUIDELINES The Equal Housing Opportunity Logotype and Slogan The Equal Housing Opportunity Statement HUDs Publishers Notice Ragin v. The New York Times

59 CREATING PROTECTED CLASS SENSITIVE ADVERTISING Describe the property, not appropriate buyers or tenants Avoid describing the neighbors, neighborhood, or quality of schools Avoid wording that would tend to exclude any person for any reason

60 $865,000 SETTLEMENT REACHED IN ADVERTISING LAWSUIT Lawsuit against the Virginia Condo and apartment complex was based on their exclusive use of white human models in their ads Plaintiffs included two fair housing groups & a black law professor New advertising policy

61 MLS REMARKS MAY VIOLATE FAIR HOUSING Portland Metropolitan MLS paid $30,000 to settle a fair housing complaint with HUD. Complaint was based on a phrase in the remarks section of an MLS listing form. Examples of wording to avoid include adult community, bachelor, board approval required, couple, empty nesters, and must be employed.

62 FAIR HOUSING ENFORCEMENT

63 U.S. SUPREME COURT RULINGS City of Edmonds v. Oxford House 2003 Overruling in Ninth Circuit Holley decision.

64 ENFORCEMENT OPTIONS HUD Direct Court Actions Department of Justice

65 STANDING TO SUE Direct victims of housing discrimination Testers Fair Housing Groups Real estate agents U.S. Supreme Court decision - Havens Realty v. Coleman

66 THE USE OF TESTERS The Supreme Court Ruling Recovery of damages HUD, Department of Justice, Fair Housing Organizations

67 OUTREACH PROGRAMS 2003 $17.6 million in fair housing grants Types of grants Provide enforcement Provide education and outreach programs Projects that serve rural and immigrant populations

68 THEORIES OF DISCRIMINATION The Disparate Treatment Theory The Disparate Impact Theory

69 THE HUD ENFORCEMENT PROCEDURE The Complaint Process Investigation and Conciliation The Issuance of a Charge The Hearing The Decision Judicial Review

70 ENFORCEMENT THROUGH HUD Actual damages Injunctive & equitable relief Civil penalties of up to $10,000 for a first offense, $25,000 for prior offense within 5 years, $50,000 if 2 or more offenses in 7 years

71 ENFORCEMENT BY THE JUSTICE DEPARTMENT Monetary awards and civil penalties Pattern or practice and general public importance cases Referrals from HUD involving zoning or land- use ordinances or breach of a Conciliation Agreement Suit to enforce a subpoena issued in a HUD proceeding The Attorney General must represent complainants in cases removed from HUD

72 DIRECT COURT ACTIONS Statute of Limitations Relief Available Actual damages Punitive damages Injunctive relief Permanent or temporary injunctions Temporary restraining orders

73 Fair Housing Complaint Process

74 CULTURAL DIVERSITY AND FAIR HOUSING

75 CULTURAL DIVERSITY DEFINED America - a multicultural society Defining diversity Defining culture

76 THE CYCLE: BIAS, STEREOTYPE, PREJUDICE Bias Stereotype Prejudice Needs and wants questionnaire

77 BUILDING RAPPORT WITH PEOPLE FROM OTHER CULTURES The role of culture in the homebuying process Understanding cultural differences Recognizing issues that are important to the multicultural client

78 BUILDING RAPPORT WITH PEOPLE FROM OTHER CULTURES Meeting and greeting Decision making General styles of decision making Contracts and Negotiating Time awareness

79 THE ROLE BELIEFS PLAY IN THE REAL ESTATE TRANSACTION Determining what beliefs will affect the transaction Feng Shui Numerology Death in the home - stigmatized property

80 STEERING The practice of channeling minority home seekers to designated areas. Not a total refusal to sell or rent, but makes certain housing unavailable. Examples of steering. Supreme Court definition of racial steering.

81 HUD REGULATIONS To restrict or attempt to restrict the choices of a person by word or conduct. Four specific examples of steering: Engaging in conduct that otherwise makes unavailable or denies a dwelling Discouraging any person from inspecting, purchasing, or renting a dwelling Communicating to any person that they would not be compatible with existing residents Assigning any person to a particular section of a community, neighborhood, or dwelling

82 Responding To Questions Regarding Neighborhood Ethnicity When a client states a housing preference based on race or other protected class factors- Zuch v. Hussey The Village of Bellwood v. Dwividi The HUD opinion The NAR training manual Directing buyers to cultural clubs and organizations

83 Responding To Questions Regarding Neighborhood Ethnicity Court asked to determine if agent had fiduciary duty to identify ethnic makeup of neighborhood Hannah v. Sibcy Cline Realtors®

84 NICHE MARKETING Examples of groups not covered by the Fair Housing Act Knowing your audience What the multicultural client looks for in an agent

85 FAIR HOUSING CASE STUDIES

86 HUD V. BLACKWELL Injunctive relief Blackwell ordered to honor sale & was prohibited from damaging the property Enjoined from future discrimination Compensatory relief Herrons - $44,590 Coopers - $20,595 Civil Penalties $10,000 to HUD

87 HUD V. DIBARI Injunctive relief Injunction of future discrimination of Sara K. HUD supervision for 3 years Compensatory relief $200 for inconvenience $200 for emotional distress Civil Penalties $200 to HUD

88 HUD V. DENTON Injunctive relief Injunction of future discrimination against Hoags or anyone else because of children Compensatory relief $3000 for inconvenience $10,000 for emotional distress $210 for out of pocket Civil Penalties $2000 to HUD

89 HUD V. BAUMGARDNER Injunctive relief Future discrimination toward Holley prohibited HUD supervision for 2 years Compensatory relief Award for economic loss reduced from $2000 to $1000 $500 for emotional distress affirmed Civil Penalties $4000 reduced to $2500

90 HUD V. JANCIK Injunctive relief Future discrimination against anyone based on race or familial status Refrain from using discriminatory advertising Compensatory relief Leadership Council $21,386 Marsha Allen $2,000 Attorney fees $23,842 Civil Penalties $10,000


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