1. © 2008 by South-Western, Cengage Learning Chapter 21 Charles J. Jacobus Thomas E. Gillett

2. © 2008 by South-Western, Cengage Learning Georgia Real Estate An Introduction to the Profession Seventh Edition Chapter 21 Fair Housing, ADA, Equal Credit, and Community Reinvestment

3. © 2008 by South-Western, Cengage Learning Fifth Amendment No one can have their property taken without court proceedings Expanded to include discrimination

4. © 2008 by South-Western, Cengage Learning Thirteenth Amendment Prohibits slavery Jones v. Alfred H. Mayer Company

5. © 2008 by South-Western, Cengage Learning Fourteenth Amendment States must provide equal protection under the law for all Shelley v. Kraemer

6. © 2008 by South-Western, Cengage Learning “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.”

7. Creates protected classes Race Color Religion National Origin Sex (1974) Handicap (1988) Familial Status (1988)

8. © 2008 by South-Western, Cengage Learning 3 Ways violation can be proven Intentional discrimination Regulation which is discriminatory Failure to “reasonably accommodate” Newest Amendments (1988) Handicapped Familial Status

9. © 2008 by South-Western, Cengage Learning Physical or mental impairment which limits one or more major life activates Having a record of impairment Being regarded as having an impairment

10. © 2008 by South-Western, Cengage Learning Includes Recovering drug addicts HIV /Aids Excludes Current illegal drug use Threat to health, safety, & property of others

11. © 2008 by South-Western, Cengage Learning Legal custody of children under the age of 18 Pregnant women

12. © 2008 by South-Western, Cengage Learning 1. Housing determined by HUD to be designed specifically for the elderly. 2. Housing occupied by person age 62 or older. 3. Housing with at least 80% of units occupied by at least one person 55 or older.

13. © 2008 by South-Western, Cengage Learning Fines $50,000 for first offense $100,000 subsequent Civil damages, potential injunctions, attorney’s fees, & costs

14. © 2008 by South-Western, Cengage Learning Refusing to sell or rent to, deal with, or negotiate with any person. Discriminating in the terms or conditions for buying or renting housing. Discriminating by advertising that housing is available only to persons of a certain race, color, religion, sex or national origin, those who are not handicapped, or adults only.

15. © 2008 by South-Western, Cengage Learning Denying that housing is available for inspection, sale, or rent when it really is available. Denying or making different terms or conditions for home loans by commercial lenders. Denying to anyone the use or participation in any real estate services, such as brokers’ organizations, multiple listing services, or other facilities related to the selling or renting of housing. Steering or block-busting.

16. © 2008 by South-Western, Cengage Learning Directing home buyers / tenants to a particular neighborhood / units based on any of the protected categories Inducing panic selling in a neighborhood for financial gain

17. © 2008 by South-Western, Cengage Learning Single-family housing owned by a private individual when: Broker is used Discriminatory advertising is used Single family home not owned by a private individual

18. © 2008 by South-Western, Cengage Learning Single-family houses owned by a private individual who: owns more than 3 homes in any 2 year period sells more than 1 home where they were not the most recent resident.

19. © 2008 by South-Western, Cengage Learning Multi-family dwelling of 5 or more units Any multi-family unit dwelling if the owner does not reside in one of the units

20. © 2008 by South-Western, Cengage Learning Sale or rental of a single family home owned by a private individual who owns fewer than 3 homes if: No broker is used No discriminatory advertising No more than 1 home is sold in a 2 year period where the owner was not the most recent resident

21. © 2008 by South-Western, Cengage Learning Rental of rooms or units in owner occupied 2 – 4 family dwellings where discriminatory advertising is not used Religious organizations Private clubs

22. © 2008 by South-Western, Cengage Learning File a written complaint with HUD File court action File complaint with the U.S. Attorney General

23. © 2008 by South-Western, Cengage Learning Enforcement by Private Persons Agent's Duties Testers State Laws

24. © 2008 by South-Western, Cengage Learning Commercial Property Access requirements & prohibits discrimination

25. © 2008 by South-Western, Cengage Learning Race Color Religion National origin Sex Marital status Age Receipt of income from public assistance programs Prohibits discrimination in a credit transaction based on:

26. © 2008 by South-Western, Cengage Learning Prohibited requests: Spouse information Marital status Income: child support or separate maintenance Family intentions Race, color, religion, national origin

27. © 2008 by South-Western, Cengage Learning Evaluating applications Age Children Part-Time Income Alimony & Child Support Credit History Immigration Residency Sex Martial Status

28. © 2008 by South-Western, Cengage Learning Credit Denial “Notice of Adverse Action” Penalties: Civil liability for damages Individual: $10,000 Class Action: $500,000 or 1% of net worth Appraisal Report

29. © 2008 by South-Western, Cengage Learning Regulated financial institutions must serve the needs of the community

30. © 2008 by South-Western, Cengage Learning Key Terms Key Terms ADA Block busting CRA ECOA Familial status Handicapped Protected class Steering Tester