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Florida Real Estate Principles, Practices & Law 38th Edition Linda L. Crawford Copyright © 2015 Kaplan, Inc. All rights reserved.
Chapter 7 Federal and State Laws Pertaining to Real Estate
Civil Rights Act of 1866 –Prohibits discrimination based on race in all real estate transactions –No exceptions –Jones v Mayer Supreme Court decision ©2015 Kaplan, Inc.
Civil Rights Act of 1964 Ended racial segregation in schools, workplaces and public accommodations Prohibits discrimination based on race, color, religion, or national origin in –Public accommodations Hotels, restaurants, gas stations, places of entertainment –Public facilities: government-run facilities ©2015 Kaplan, Inc.
Civil Rights Act of 1968: Fair Housing Act Title VIII of Civil Rights Act of 1968 –Discrimination is illegal in sales, leasing, advertising sales or rentals, financing, or brokerage services if based on Race Color Religion Sex National origin –1988 amendment added Handicap (mental or physical) Familial status ©2015 Kaplan, Inc.
Familial and Handicap Status Familial status –Families with children under 18 and pregnant women Handicap status –Any physical or mental impairment that interferes with normal life functioning ©2015 Kaplan, Inc.
Memory tool: FRSH CRN (fresh corn) Familial status Race Sex Handicap status Color Religion National origin ©2015 Kaplan, Inc.
No Protection Under Fair Housing Act Age Occupation Marital status Sexual orientation ©2015 Kaplan, Inc.
Fair Housing Act Covers Single-family Housing –Government owned housing –Privately owned if licensee employed to sell or rent the property –Property owned by person who owns four or more residential units –Owner, during past 2-year period, sells two or more houses (not owner-occupied) ©2015 Kaplan, Inc.
Fair Housing Act Covers Multifamily housing –Five or more units –Four or fewer units (not owner- occupied) ©2015 Kaplan, Inc.
Housing For Older Persons Exempt from the familial status protection provided –All units are occupied by persons 62 or older; or –At least 80 percent of the units are occupied by one or more persons 55 or older ©2015 Kaplan, Inc.
Transactions Exempted Under the Act Exemptions apply under two conditions 1.A real estate licensee is not involved 2.No discriminatory advertising ©2015 Kaplan, Inc.
Exempt Transactions -Seller owns three or fewer single-family dwellings -Seller was not living in the house and was not most recent resident when property was sold or rented (One exempt sale in 24-month period) -Rentals in multifamily dwellings with four or fewer family units and owner lives in one of the units -If racial discrimination, Civil Rights Act of 1866 applies ©2015 Kaplan, Inc.
Special Exemptions -Housing operated by religious organizations and private clubs not operated for commercial purposes -Religious organizations may restrict units to members of their religion provided they do not discriminate in accepting membership -Private clubs may restrict units to its members ©2015 Kaplan, Inc.
Activities Prohibited Steering –Channeling homeseekers to or away from neighborhoods Blockbusting –Using entry or rumor of entry of a protected class to urge owners to sell Redlining –Denying loans or insurance coverage or different terms and conditions for homes in certain neighborhoods ©2015 Kaplan, Inc.
Activities Prohibited Refuse to rent to, sell to, negotiate with, or deal with a member of a protected class Quote different terms, conditions, or privileges for buying or renting Advertise housing is available only to people of a certain race, color, sex, religion, national origin, handicap status, or familial status Deny membership or use of any real estate service Make false statements concerning availability of housing for inspection, rent, or sale ©2015 Kaplan, Inc.
Fair Housing Poster Pledges adherence to the Fair Housing Act Displayed at real estate brokerage offices, mortgage lender offices Available free from HUD Failure to display poster may be used as evidence of discrimination in a complaint ©2015 Kaplan, Inc.
Enforcement of the Fair Housing Act Complaints filed with HUD under the Fair Housing Act Action taken by the Department of Justice Civil suits filed in Federal District Court Responsibility and liability of real estate licensees ©2015 Kaplan, Inc.
Americans With Disabilities Act (ADA) Protects employment and accessibility rights of individuals with mental and physical disabilities Disabled cannot be denied access to public transportations, public accommodations, and commercial facilities Includes real estate brokerage offices even if located in a private residence ©2015 Kaplan, Inc.
Interstate Land Sales Full Disclosure Act (ILSA) Federal law that regulates sale or lease of land Administered by HUD Developers must register developments with HUD and disclose to prospects facts regarding the real estate ©2015 Kaplan, Inc.
Two Components Antifraud provision –Developers of 25 or more lots must provide purchaser with a property report before signing contract –May cancel within 7 days –Buyers who did not receive report prior to signing contract may cancel within 2 years Registration requirement –Developers must register subdivisions of 100 or more lots with HUD ©2015 Kaplan, Inc.
Residential Landlord and Tenant Act Place landlords and tenants on equitable legal basis Applies to rental of dwelling units –Not transient facilities –Not renting of mobile home lots –Not commercial leases ©2015 Kaplan, Inc.
Deposits and Advance Rents Landlord must account for deposits and advance rents 1.Hold money in a separate noninterest-bearing Florida bank account for the benefit of tenant 2.Hold money in a separate interest-bearing Florida bank account and pay the tenant at least 75% interest or 5% per year simple interest 3.Post a bond for amount of security deposits and advance rents or $50,000 (whichever is less) and pay tenant 5% per year simple interest ©2015 Kaplan, Inc.
Deposits and Advance Rents Landlord must provide written notice to tenant within 30 days of collecting deposit ©2015 Kaplan, Inc.
Obligations to Maintain Premises Landlord –Meets health and building codes –Working heat and running hot water –Insect extermination, garbage receptacles and pickup –Working smoke detectors Tenant –Meets health and building codes –Use reasonable care in operation of equipment –Not disturb peace of others ©2015 Kaplan, Inc.
Broker Property Management –If a broker holds the funds on behalf of the landlord, broker must abide by license law regarding escrow funds –Deposits and advance rents are trust funds that must be deposited into the broker’s escrow –Best to open a separate escrow for property management but not required –$5,000 broker’s funds to maintain the account –Sales associates must deliver rent and rental deposits to broker by end of next business day ©2015 Kaplan, Inc.
Landlord’s Access to Premises Tenant must allow landlord to enter property to make inspections, provide services, make repairs, and to show property Landlord may enter property at any time in case of emergency Otherwise, obligated to give tenant reasonable notice (at least 12 hours) ©2015 Kaplan, Inc.
Vacating Premises When landlord is holding a security deposit –Return to tenant within 15 days if no claim is to be made –Send written notice by certified mail within 30 days if claim is made –Tenant allowed 15 days to respond to landlord’s written claim –Disputes handled in civil court Exception to conflicting demand rules if broker is holding security deposit ©2015 Kaplan, Inc.
Termination of Rental Agreement 7 day written notice 3 business day written notice for non-payment of rent Notice delivered –Personally –Mailed –Posted on door ©2015 Kaplan, Inc.
Eviction Requirements 1.Notify tenant in writing (3-business day or 7-day) 2.After time period is up, file complaint for eviction 3.Tenant has 5 business days to respond to complaint 4.If tenant continues to occupy without responding, obtain final judgment from court 5.Post 24-hour notice 6.Sheriff signs writ of possession ©2015 Kaplan, Inc.
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