© 2012 Cengage Learning

Fair Housing, ADA, Equal Credit, and Community Reinvestment Chapter 21

© 2012 Cengage Learning In This Chapter You will study federal and state legislation that has had a strong impact on expanding the ability of individuals to own real estate.

© 2012 Cengage Learning Constitutional Impact The Declaration of Independence declared that all [people] are created equal and set the stage for an attitude of the government that we enjoy in the United States. The United States Constitution instilled in all citizens certain inalienable rights of which they can never be deprived. The most significant of these rights are stated in the Fifth, Fourteenth, and Thirteenth Amendments to the Constitution.

© 2012 Cengage Learning Race Color Religion Sex National Origin Handicap Familial Status Fair Housing

© 2012 Cengage Learning Protected Classes Race Color Religion National origin Sex Fair Housing 1. Family status 2. Handicap Equal Credit Opportunity Act 1. Public assistance 2. Age 3. Marital status

© 2012 Cengage Learning Refusing to sell or rent to, deal, 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. Illegal Acts

© 2012 Cengage Learning 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. Illegal Acts

© 2012 Cengage Learning Steering The illegal practice of directing home seekers to particular neighborhoods.

© 2012 Cengage Learning Block Busting The illegal practice of inducing panic selling in a neighborhood for financial gain.

© 2012 Cengage Learning Agent’s Duties A real estate agent’s duties are to uphold the Fair Housing Law and the Civil Rights Act

© 2012 Cengage Learning Testers Individuals or organizations that respond to advertising and visit real estate offices to test for compliance with fair housing laws. The tester does not announce himself or herself as such or ask if the office follows fair housing practices.

© 2012 Cengage Learning Texas Fair Housing Act Passed in Parallels the Federal Fair Housing. Allows for the investigation discriminatory housing practices. Provides for criminal penalties.

© 2012 Cengage Learning Americans with Disabilities Act ADA enacted July1992. Deals primarily with commercial property. Provides access requirements and prohibits discrimination against people with disabilities.

© 2012 Cengage Learning Equal Credit Opportunity Act Provides for credit to all without regard to:  Sex  Marital status  Race  Color  Religion  National origin  Age  Receipt of public assistance income

© 2012 Cengage Learning CRA Lender must define its community List types of credit offered to the community. Provide notice in lobby. Helps to keep community money available in the community! CRA Statement

© 2012 Cengage Learning Key Terms ADA Block Busting CRA Familial status Handicapped Protected class Steering Tester Texas Fair Housing Act