HUMAN RIGHTS & FAIR HOUSING

HUMAN RIGHTS & FAIR HOUSING
John P. Bradbury, Esq.

Mrs. Smith has the upstairs apartment in her home to rent out
Mrs. Smith has the upstairs apartment in her home to rent out. She would prefer renting to a woman, and second-hand cigarette smoke makes her ill. She would like to advertise for a “nonsmoker, woman” but wonders if that would violate human rights / fair housing laws.

Besides damaging society, unfair housing practices can land property owners and real estate licensees in serious trouble, with ruinous consequences. Understanding the complex laws and regulations concerning human rights is the first step toward fair treatment of all parties.

Key Terms Americans with Disabilities Act (ADA) Blockbusting
Cease and desist orders Civil Rights Act of 1866 Code for Equal Opportunity

Key Terms Department of Housing and Urban Development (HUD)
Executive Law Familial status Fair Housing Act of 1968 (Federal) New York Human Rights Law New York State Division of Human Rights

Key Terms Protected Classes Real Property Law Redlining
Reverse Discrimination Steering Testers

EQUAL OPPORTUNITY IN HOUSING
Federal, state, and local laws about human rights and fair housing affect rentals, sales, and every phase of the real estate sales process from listing to closing.

The goal of these equal opportunity laws and regulations is to create a single, unbiased housing market, one in which every home seeker has the opportunity to buy any home in the area he or she chooses and can afford.

The student of real estate must be aware of undesirable and illegal housing practices so as to avoid them. Failure to comply with fair housing practices is not only grounds for loss of license but also an unlawful act.

FEDERAL FAIR HOUSING LAWS
The efforts of the federal government to guarantee equal housing opportunities to all U.S. citizens began soon after the Civil War with the Civil Rights Act of 1866.

This law, an outgrowth of the Civil War, prohibits any type of discrimination based on race or color. "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."

Civil Rights Act of 1866 The act provides no exceptions. It is enforceable by a suit in Federal court.

Federal Fair Housing Act of 1968 (102 years later) In 1968 the first significant event that greatly encouraged the progress of fair housing occurred: the passage of the federal Fair Housing Act of 1968, which is contained in Title VIII of the Civil Rights Act of 1968.

Federal Fair Housing Act of 1968 This law originally provided that it is unlawful to discriminate on the basis of race, religion, or national origin when selling or leasing residential property.

In 1974 an amendment added sex (gender) as another of the protected classes, and in 1988 two new classes were added: those with handicaps and familial status (presence of children in the family).

Protection of the handicapped extends to those with hearing, mobility, and visual impairments; recovering alcoholics; AIDS; and mental retardation.

Anyone currently using illegal drugs is not protected as handicapped, nor are those who pose a threat to the health or safety of others.

Disabled. Landlords must make reasonable accommodations for the disabled, for example, allowing a guide dog in a no-pets building or setting aside easy-access parking for a handicapped tenant.

Disabled. The tenant who needs to make reasonable modifications to an apartment must be allowed to do so if he or she agrees to restore the property to its original condition when the rental is over.

Disabled. Newly constructed multifamily buildings with four or more units must provide for wheelchair access to all ground floor units and to all upper floor units in buildings with elevators.

Senior. Housing developments intended for older persons may exclude children if such developments are occupied solely by persons 62 and older, or if 80 percent of the units are occupied by at least one person 55 or older and there are policies and procedures published and adhered to demonstrating an intent to provide housing for persons 55 or older.

Federal Fair Housing Act – Prohibited Acts
The Fair Housing Act specifically prohibits the following acts, where they are based on prospective tenants' or buyers' membership in a protected group:

Refusing to sell, rent, or negotiate with any person, or otherwise making a dwelling unavailable to any person Example: Broker Bill is negotiating a listing with Seller Sue. Sue informs Bill that she will not sell her property to anyone who is not a "God-fearing Christian." Because refusing to sell on the basis of religion is a forbidden practice, Bill should refuse to accept the listing.

Changing terms, conditions, or services for different individuals as a means of discrimination Example: The Sky Towers Apartments has a policy of collecting a $500 security deposit from its tenants. However, in the case of families with children, Sky Towers requires a security deposit of $1,000. This variation in the terms of the apartment leases on the basis of familial status is a violation of fair housing laws.

Practicing discrimination through any statement or advertisement that restricts the sale or rental of residential property Example: Ad in classified section of the newspaper includes slogan “specializing in homes for Asian immigrants." The implication is that certain housing is more suitable to persons of a particular race, color, or national origin is a clear violation of fair housing requirements. (This is known as steering.)

Representing to any person, as a means of discrimination, that a dwelling is not available for sale or rental Example: A man applies to rent an apartment, manager takes application but informs him that there are no units currently available. While all the units are currently occupied, one of the tenants is due to move out in three days. Manager prefers to rent to a woman, as she believes they make better tenants. Unlawful housing discrimination on the basis of sex.

Making a profit by inducing owners of housing to sell or rent because of the prospective entry into the neighborhood of persons of a particular race, color, religion, national origin, handicap, or familial status. This is known as Blockbusting.

Federal Fair Housing Act – Prohibited
Blockbusting Example: Acme Real Estate Company is running a direct mail campaign attempting to solicit listings from the predominantly white Alderbrook neighborhood. Included in the direct mail package are the results of a demographic study that projects that the population of Alderbrook will become increasingly nonwhite in the next few years. Use of such "scare tactics" to generate profit through increased listings puts Acme in violation of fair housing laws.

Altering the terms or conditions for a home loan to any person who wishes to purchase or repair a dwelling or otherwise denying such a loan as a means of discrimination. This is known as Redlining.

Federal Fair Housing Act – Prohibited
Redlining Example: Citywide Mortgage Company has a policy of refusing to make loans for properties located in the Valley View neighborhood, claiming that borrowers from Valley View have historically been at higher risk of default. Because this policy does not consider the creditworthiness of individual borrowers from Valley View, it is more than likely intended to discriminate against such borrowers on the basis of some other characteristic, such as race or national origin.

Denying people membership or limiting their participation in any multiplelisting service, real estate brokers' organization, or other facility related to the sale or rental of dwellings as a means of discrimination. Example: A multiple-listing service cannot lawfully exclude brokers from participation on the basis of their race, color, sex, religion, age, national origin, familial status, or handicap.

EXEMPTIONS to Fair Housing Act
The sale or rental of a single-family home is exempted when the home is owned by an individual who does not own more than three such homes at one time and when the following conditions exist: (a) a broker, salesperson, or agent is not used; and (b) advertising is not used. Only one such sale by such an individual is exempt from the law within any 24month period.

The rental of units is exempted in an owner-occupied one-to-four family dwelling (but again, discriminatory advertising may not be used).

Dwelling units owned by religious organizations may be restricted to people of the same religion, if membership in the organization is not restricted on the basis of race, color, national origin, handicap, or familial status.

A private club that is not in fact open to the public may restrict the rental or occupancy of lodgings that it owns to its members, as long as the lodgings are not operated commercially.

Jones v. Mayer The second significant fair housing development of 1968 was the Supreme Court decision in the case of Jones v. Alfred H. Mayer Company. In its ruling the Court held that the Civil Rights Act of 1866 "prohibits all racial discrimination, private or public, in the sale and rental of property."

Jones v. Mayer This decision is important because although the 1968 federal law exempts individual homeowners and certain groups, the 1866 law prohibits all racial discrimination without exception.

Jones v. Mayer So despite any exemptions in the 1968 law, an offended person may seek a remedy for racial discrimination under the 1866 law against any homeowner, regardless of whether the owner employed a real estate broker and/or advertised the property.

Jones v. Mayer Where race or color is involved, no exceptions apply. (In 1987, U.S. Supreme Court decisions implied that the 1866 law, to which there are no exceptions, extended to ethnic and/or religious groups as well.)

Americans with Disabilities Act of 1992
The Americans with Disabilities Act of 1992 (ADA), a federal antidiscrimination law, was enacted primarily to protect disabled persons from discrimination in public accommodations and commercial facilities. It also provides protection from discrimination and mandates easy access in new multifamily housing with four or more units.

Americans with Disabilities Act of 1992
In the event a tenant wishes to make alterations at his or her own expense to make an existing dwelling unit more accessible, the tenant may do so. The landlord may require that the tenant restore the premises, as necessary, to their original state when vacating.

Domestic Violence Victims
Protected Classes Federal New York State New York City Race Age Lawful Occupation Color Marital Status** Citizenship Religion/Creed Sexual Orientation Source of Income National Origin Military Status Gender Domestic Violence Victims Disability Gender Identity* Familial Status ** Includes Domestic Partners * Includes transgender and gender non-conforming people

Protected Classes As of April 4, 2016, an additional Federal Protected class was added to the Fair Housing List: Criminal Record Status. 4/4/16 NYT Article: “Federal Housing Officials Warn Against Blanket Bans of Ex-Offenders”

HUD Advertising Guidelines
In New York, real estate advertising is often monitored by state and federal government agencies to detect evidence of discriminatory practices.

HUD issued policy guidelines in January 1995 to clarify federal regulations regarding real estate advertising.

Race, color, national origin Real estate advertisements should state no discriminatory preference or limitation on account of race, color, or national origin. Use of words describing the housing, the current or potential residents, or the neighbors or neighborhood in racial or ethnic terms (e.g., white family home, no Irish) will create liability under this section.

Race, color, national origin Advertisements that are racially neutral will not create liability.

Religion Advertisements should not contain an explicit preference, limitation, or discrimination on account of religion (e.g., Christian home).

Religion Advertisements that use the legal name of an entity that contains a religious reference (for example, Roselawn Catholic Home) or those that contain a religious symbol (such as a cross) standing alone may indicate a religious preference. However, if such an advertisement includes a disclaimer (such as the statement, "This home does not discriminate on the basis of race, color, religion, national origin, sex, handicap, or familial status"), it will not violate the act.

Religion Advertisements containing descriptions of properties (apartment complex with chapel) or services (kosher meals available) do not on their face state a preference for persons likely to make use of those facilities and are not violations of the act.

Religion The use of secularized terms or symbols relating to holidays, such as Santa Claus or the Easter Bunny, or St. Valentine's Day images, or phrases such as "Merry Christmas," "Happy Easter," or the like, does not constitute a violation of the act.

Sex Advertisements for single-family dwellings or separate units in a multifamily dwelling should contain no explicit preference, limitation, or discrimination based on sex.

Sex Terms such as mother-in-law suite are commonly used as physical descriptions of housing units and do not violate the act.

Handicap Real estate advertisements should not contain explicit exclusions, limitations, or other indications of discrimination based on handicap (e.g., no wheelchairs).

Handicap Advertisements containing descriptions of properties (great view, fourth-floor walkup, walk-in closets), services or facilities (jogging trails), or neighborhoods (walk to bus stop) do not violate the act.

Handicap Advertisements describing the conduct required of residents ("nonsmoking," "sober") do not violate the act. Advertisements containing descriptions of accessibility features are lawful (wheelchair ramp).

Familial status. Advertisements may not state an explicit preference, limitation, or discrimination based on familial status. Advertisements may not contain limitations on the number or ages of children or state a preference for adults, couples, or singles.

Familial status. Advertisements describing the properties (two-bedroom, cozy, family room), services and facilities (no bicycles allowed), or neighborhoods (quiet streets) are not facially discriminatory and do not violate the act.

CATEGORY RULE PERMITTED NOT PERMITTED Race Color National Origin No discriminatory limitation/ preference may be expressed "master bedroom" "good neighborhood" "white neighborhood" "no French"

CATEGORY RULE PERMITTED NOT PERMITTED Religion No religious preference / limitation "chapel on premises" "kosher meals available" "Merry Christmas" “no Muslims" "nice Christian family" "near great Catholic school"

CATEGORY RULE PERMITTED NOT PERMITTED Sex No explicit preference based on sex "mother-in-law suite" "master bedroom" "female roommate sought" “great house for a man" "wife's dream kitchen"

CATEGORY RULE PERMITTED NOT PERMITTED Handicap No exclusions or limitations based on handicap "wheelchair ramp" "walk to shopping" “no wheelchairs" "able-bodied tenants only"

CATEGORY RULE PERMITTED NOT PERMITTED Familial Status No preference or limitation based on family size or nature "two-bedroom" "family room" "quiet neighborhood" "married couple only" “no more than two children" "retiree's dream house"

CATEGORY RULE PERMITTED NOT PERMITTED Photographs or Illustrations of People People should be clearly representative and nonexclusive Illustrations showing ethnic races, family groups, singles, etc. Illustrations showing only singles, African-American families, elderly white adults, etc.

Equal Housing Poster An equal housing opportunity poster can be obtained from HUD. Displayed in a broker's office, it informs the public about fair housing laws and shows the firm's intention to comply.

Equal Housing Poster Displaying the poster is not a legal requirement, but when HUD investigates a broker for discriminatory practices, it considers failure to display it as evidence of discrimination. The poster should be prominently displayed in any location where the broker conducts business, including model homes.

Blockbusting, Steering & Redlining
Blockbusting and steering are undesirable housing practices frequently discussed in connection with fair housing. They are prohibited by federal and New York State law.

Blockbusting means inducing homeowners to sell by using scare tactics about the entry of a certain group into the neighborhood. The blockbuster frightens homeowners into selling and makes a profit through sales commissions or by buying the homes cheaply, then selling them at considerably higher prices to minority persons.

Steering is the channeling of home seekers to particular areas on the basis of race, religion, country of origin, or other protected class. Steering is often difficult to detect, because the steering tactics can be so subtle that homeseekers are unaware that their choices have been limited.

Steering may be done unintentionally by agents who are not aware of their own unconscious assumptions. Even if unconscious or unintentional, discrimination is still illegal. An increasingly common means of detecting steering is the use of testers (detailed later).

Denying applications for mortgage loans or insurance policies in specific areas without regard to the economic qualifications of the applicant is known as redlining. This practice, which often contributes to the deterioration of older, transitional neighborhoods, is frequently based on race rather than on any supportable objections to the applicant.

Enforcement A person who believes illegal discrimination has occurred has up to one year after the alleged act to file a charge with the Department of Housing and Urban Development (HUD) or may bring a federal suit within two years.

Enforcement For those who think their rights may have been violated, HUD maintains toll-free hot lines: (voice) and (TTD). Complaints may also be made by mail to the following address: Fair Housing and Equal Opportunity HUD Regional Office Federal Plaza New York, NY

Enforcement HUD will investigate, and if the department believes a discriminatory act has occurred or is about to occur, it may issue a charge. Any party involved (or HUD) may choose to have the charge heard in a federal district court. If no one requests the court procedure, the charge will be heard by an administrative law judge within HUD itself.

Enforcement The administrative judge has the authority to issue an injunction (court order). This would order the offender to do something (rent to the complaining party, for example) or to refrain from doing something. In addition, penalties can be imposed, ranging from $10,000 for a first violation to $25,000 for a second violation within five years to $50,000 for further violations within seven years.

Enforcement If the case is heard in federal court, an injunction and actual and punitive damages are possible, with no dollar limit. The Department of justice may also on its own sue anyone who seems to show a pattern of illegal discrimination. Dollar limits on penalties in such cases start at $50,000, with a possible $100,000 penalty for repeat violations.

Enforcement The guilty party may be required to pay the other side's legal fees and court costs, which can add up to substantial amounts. Complaints brought under the Civil Rights Act of 1866 must be taken directly to a federal court. The only time limit for action is three years, which is New York's statute of limitations for torts, that is, injuries done by one individual to another. There is no dollar limit on damages.

Threats or Acts of Violence
The federal Fair Housing Act of 1968 contains provisions protecting the rights of those who seek the benefits of the open housing law as well as the rights of owners, brokers, or salespersons who assist them. Threats and intimidation should be reported immediately to the local police and to the nearest office of the Federal Bureau of Investigation (FBI).

NEW YORK HUMAN RIGHTS LAW

Protected classes under the New York Executive Law for Fair Housing cover race, creed, color, national origin, sex, disability, age, sexual orientation, military status, and marital status (some exceptions).

Blockbusting, forbidden under federal statutes, is specifically mentioned in the New York Human Rights Law (Article 15, Executive Law) and also is prohibited by a New York Department of State (DOS) regulation. The DOS has, in the past, responded to complaints by the public by issuing cease and desist orders that prohibit canvassing for listings to certain homeowners.

A person charging discrimination may initiate a private lawsuit (with no dollar limit mentioned under state law) and also lodge a complaint with the DOS if the offender is licensed. A complaint also may be filed with the New York State Division of Human Rights within a one-year period.

Under sections of the Executive Law, New York statutes broaden the nondiscrimination rules to cover commercial real estate. They also add several other categories in which discrimination is prohibited, including age, sexual orientation, military status, and marital status. The age provisions apply only to those 18 and older.

The Real Property Law forbids denial of rental housing because of children or an eviction because of a tenant's pregnancy or new child. The rules extend to mobile homes.

Various exceptions are made to the New York State rules, but these exceptions will not apply where the discrimination is racially based, because the federal Civil Rights Act of 1866, which covers race, permits no exceptions. With that in mind, New York State excepts public housing that may be aimed at one specific age group; restriction of all rooms rented to members of the same sex; rental of a room in one's own home; and restriction of rentals to persons 55 years of age or older.

Although an owner sometimes may discriminate under these exemptions, a licensee may not participate in the transaction. In general the New York statutes cover renting, selling, leasing, and, advertising. Public accommodations also are included.

The law further forbids any real estate board to discriminate in its membership because of any of the listed categories, which in this case include age. New York regulations are generally more restrictive than federal laws.

Local Regulations Local governments may add other groups to the list of protected categories.

Local Regulations The New York City Human Rights Commission has adopted the standard of domestic partner (an unmarried adult person who can prove emotional and financial commitment and interdependence) for gay or lesbian couples who deal with co-op boards. The definition also has been used in disputes over rights to rent-controlled and rent-stabilized apartments.

Local Regulations NYC also prohibits discrimination on the basis of lawful occupation or citizenship and allows no exceptions to fair housing laws for the rental of an owner-occupied multiple dwellings.

Voluntary The National Association of REALTORS® has adopted a Code for Equal Opportunity. The code sets forth suggested standards of conduct for REALTORS® so that they may comply with fair housing laws. The REALTORS® Code, while it does not have the force of law, asks equal treatment for those classes protected by state and federal law, and also for one more class, sexual preference.

Voluntary The National Association of REALTORS® has a voluntary cooperative agreement with HUD. This agreement, called the Fair Housing Partnership Agreement, stipulates that HUD and the National Association of REALTORS® will work together to identify fair housing issues, concerns, and solutions.

IMPLICATIONS FOR BROKERS AND SALESPERSONS
To a large extent the laws place the burden of responsibility for effecting and maintaining fair housing on real estate licensees, brokers, and salespeople.

A complainant does not have to prove specific intent, but only the fact that discrimination occurred. In addition, brokers are liable for the discriminatory behavior of their salespeople and employees, even if they have nondiscrimination policies in effect and are not aware of the illegal activities.

A broker can take the following steps to ensure compliance with fair housing laws: Include the fair housing logo and/or slogan in all display ads and all classified ads of six column inches or more. Prominently display the fair housing logo and/or slogan in all brochures, circulars, billboards, signs, and direct mail advertising, as well as any other forms of marketing.

A broker can take the following steps to ensure compliance with fair housing laws: When using human models in an advertisement, select the models in such a way as to indicate that the housing is available to all persons without regard to race, color, religion, sex, national origin, familial status, or handicap. Prominently display the fair housing poster at all real estate offices, model homes, or other locations where properties are offered for sale or rent.

A broker can take the following steps to ensure compliance with fair housing laws: Make fair housing information readily available to salespeople and employees, and encourage them to become familiar with it and to attend fair housing education programs. Directly inform salespeople and employees of their responsibilities under the fair housing laws through in-house or other training.

A broker can take the following steps to ensure compliance with fair housing laws: Establish and monitor office procedures to ensure compliance with fair housing regulations and objectives. At a minimum, such procedures should ensure that prospective buyers and renters are made aware of all available properties within their price range and areas of interest and are provided with complete and accurate information.

A broker can take the following steps to ensure compliance with fair housing laws: Use the "Equal Employment Opportunity" slogan in all employment advertising and take appropriate steps to ensure a broad range of potential recruits. Require that salespeople educate sellers regarding their fair housing obligations by providing them with fair housing brochures and other information, and refuse to accept listings from sellers who do not agree to abide by fair housing requirements.

In addition, the National Association of REALTORS suggests posting a sign stating that it is against company policy as well as state and federal laws to offer any information on the racial, ethnic, or religious composition of a neighborhood or to place restrictions on listing, showing, or providing information on the availability of homes for any of these reasons.

If a prospect still expresses a location preference for housing based on race, the association's guidelines suggest the following response: "I cannot give you that kind of advice. I will show you several homes that meet your specifications. You will have to decide which one you want."

A broker's responsibility for the discriminatory behavior of his or her salespeople presents unique problems. Although brokers may wish to limit their control of salespeople to protect the salesperson's independent contractor status, effective control of behavior in the area of fair housing is essential to protect the broker from liability under civil rights laws.

Brokers should have formal office policies regarding discriminatory behavior, and they should require that salespeople acknowledge in writing that they understand those policies and that they have received adequate training to be aware of the requirements of the fair housing laws.

In addition, brokers must have some system for monitoring the activities of salespeople in regard to fair housing compliance.

One way to do this is through a record-keeping system that requires that salespeople keep a record of all prospects, including the prospects' qualifying information, the properties that were identified for the prospects, and the prospects' reactions to each individual property.

Periodic review of such records by the broker will help identify any instances where a salesperson may be in violation of fair housing standards.

Discrimination involves a sensitive area, human emotions. The broker or salesperson who complies with the law still has to deal with a general public whose attitudes cannot be altered by legislation alone. Therefore, a licensee who wishes to comply with the fair housing laws and also succeed in the real estate business must work to educate the public.

In recent years brokers sometimes have been caught in the middle when local governments enacted well-meaning reverse discrimination regulations. Intended to preserve racial balance in given areas, local laws sometimes run counter to federal and state rules, posing a real problem for the conscientious licensee.

TESTERS From time to time real estate offices are visited by testers or checkers, undercover investigators who want to see whether all customers and clients are being treated with the same cordiality and are being offered the same free choice within a given price range.

TESTERS For example, two testers - one black and one white -with similar qualifications and interests may separately visit a real estate office to inquire about properties. If the two testers are treated differently by the office or are shown a different range of properties, it may be an indication of unlawful discriminatory behavior by the office.

TESTERS Courts have held that the practice of using testers is permissible as the only way to test compliance with the fair housing laws that are of such importance to American society.

When a broker is charged with discrimination, it is no defense that the offense was unintentional or the broker did not know the law. Citing past service to members of the same minority group is of little value. The agent's best course is to study fair housing law, develop sensitivity, and follow routine practices to reduce the danger of unintentionally hurting any member of the public.

These practices include careful record keeping for each customer: financial analysis, properties suggested, houses shown, check-back phone calls. Using a standard form for all qualifying interviews is essential.

Special care should be taken to be on time for appointments and to follow through on returning all phone calls. Besides helping to avoid human rights violations, these practices are simply good business.

SUMMARY Federal regulations regarding equal opportunity in housing are principally contained in two laws. The Civil Rights Act of 1866 prohibits all racial discrimination Federal Fair Housing Act (Title VIII of the Civil Rights Act of 1968) prohibits discrimination on the basis of race, color, religion, sex, national origin, handicap, or familial status (the presence of children in a family) in the sale or rental of residential property.

SUMMARY Discriminatory actions include refusing to deal with an individual or a specific group, changing any terms of a real estate or loan transaction, changing the services offered for any individual or group, making statements or advertisements that indicate discriminatory restrictions, or otherwise attempting to make a dwelling unavailable to any person or group because of membership in a protected class.

SUMMARY Some exceptions apply to owners but none to brokers and none when the discriminatory act is based on race. Complaints under the federal Fair Housing Act may be reported to and investigated by the Department of Housing and Urban Development and may be taken to a U.S. district court. Complaints under the Civil Rights Act of 1866 must be taken to a federal court.

SUMMARY NYS Executive Law (Human Rights Law) adds age, sexual orientation, military status, and marital status to the grounds on which discrimination is forbidden.

SUMMARY The National Association of REALTORS ® Code for Equal Opportunity suggests a set of standards for all licensees to follow, including equal service regardless of a customer's or client's sexual preferences.

Summary of Fair Housing Laws
PROTECTED CLASSES Civil Rights Act of 1866 Prohibits discrimination in housing based on race or color (without exception) Title Vlll of the Civil Rights Act of 1968 (Federal Fair Housing Act) Prohibits discrimination in housing based on race, color, religion, or national origin (with certain exceptions)

PROTECTED CLASSES Housing and Community Development Act of 1974 Extends prohibitions to discrimination in housing based on sex (gender)

PROTECTED CLASSES Americans with Disabilities Act Prohibits discrimination based on disabilities Fair Housing Amendments Act of 1988 Extends protection to cover handicaps and families with children (with exceptions)

PROTECTED CLASSES New York City Citizenship, lawful occupation, sexual orientation New York Executive Law Covers race, creed, color, national origin, sex, disability, age, sexual orientation, marital, and military status (some exceptions)

PROTECTED CLASSES New York Real Property Law Prohibits discrimination based on presence of children in a family or pregnancy.

QUESTIONS 1. Mrs. Townsend is advertising for a tenant for the other half of her home. Which of these ads would violate human rights law? No pets Nonsmoker preferred No children No Republicans need apply

QUESTIONS 2. Salesperson Davis was listing the Johnsons' house. Mr. Johnson informed Davis that he would not sell to a member of a particular religious sect. Davis should accept the listing, resolving not to discriminate himself. explain to Johnson why he should change his mind. refuse the listings and discuss the situation with his broker. refer Johnson to another real estate company.

QUESTIONS 3. Which of the following acts is permitted under the federal Fair Housing Act? Advertising property for sale only to a special group Altering the terms of a loan for a member of a minority group Refusing to make a mortgage loan to an individual with a poor credit history Telling nervous owners in a changing neighborhood to sell before their homes lose value

QUESTIONS 4. Today’s class was presented to NYS real estate professionals to: provide FREE continuing education credits strongly encourage the adoption of fair housing practices by real estate professionals allow speaker to shamelessly seek referral work for as closing attorney All of the above

QUESTIONS All of the above
4. Today’s class was presented to NYS real estate professionals to: provide FREE continuing education credits strongly encourage the adoption of fair housing practices by real estate professionals allow speaker to shamelessly seek referral work for as closing attorney All of the above

QUESTIONS 5. The Civil Rights Act of 1866 is unique because it
originally covered only the area of race. provides no exceptions. requires a federal court suit by the complainant. All of the above.

QUESTIONS All of the above.
5. The Civil Rights Act of 1866 is unique because it originally covered only the area of race. provides no exceptions. requires a federal court suit by the complainant. All of the above.

QUESTIONS 6. "I hear they're moving in; there goes the neighborhood. Better sell to me today!" is an example of steering. blockbusting. redlining. testing.

QUESTIONS blockbusting.
6. "I hear they're moving in; there goes the neighborhood. Better sell to me today!" is an example of steering. blockbusting. redlining. testing.

QUESTIONS 7. The broker who suggests only predominantly white areas to a white couple when there are others in their price range is guilty of blockbusting. redlining. steering. nothing; this is permitted under the Fair Housing Act of 1968.

QUESTIONS 8. Today’s presenter was or is: A mortgage broker
a real estate agent a real estate attorney focusing on co-op and condo closings All of the above

QUESTIONS All of the above 8. Today’s presenter was or is:
A mortgage broker a real estate agent a real estate attorney focusing on co-op and condo closings All of the above

QUESTIONS 9. Which would NOT be permitted under the Federal Fair Housing Act? The Harvard Club in New York will rent rooms only to graduates of Harvard who belong to the club. A "no-pets" policy, if evenly applied, may refuse rental to the owner of a guide dog. A convent refuses to furnish housing for a Jewish man. All of the above are not permitted under the Act.

QUESTIONS Under federal law, families with children may be refused rental or purchase in any building where occupancy is reserved exclusively for those aged at least 55. 60. 62. 65.

QUESTIONS A lending institution may not refuse to make a residential real estate loan simply because of the questionable financial situation of the applicant. location of the property. applicant's not being of legal age. deteriorated condition of the building.

QUESTIONS location of the property.
A lending institution may not refuse to make a residential real estate loan simply because of the questionable financial situation of the applicant. location of the property. applicant's not being of legal age. deteriorated condition of the building.

QUESTIONS 12. Under federal law, no exceptions apply when rental discrimination is based on race. gender. handicap. country of origin.

QUESTIONS 13. Legal services for co-op and condo closings are typically: charged on an hourly rate what it cost you to attend today’s class $1,000,000 $2,500 charged on a flat fee basis

QUESTIONS 13. Legal services for co-op and condo closings are typically: charged on an hourly rate what it cost you to attend today’s class $1,000,000 $2,500 charged on a flat fee basis (coincidentally what the speaker charges)

QUESTIONS 14. A Utica landlord refused to rent to anyone on public assistance and thereby violated no law. the New York Executive Law. the Fair Housing Act of 1968. the Civil Rights Act of 1866.

QUESTIONS 15. The Ithaca housewife who refuses to rent rooms to any students is in violation of no law. the New York Executive Law. the Fair Housing Act of 1968. the Civil Rights Act of 1866.

QUESTIONS 16. Refusing an apartment to a couple because they are unmarried violates no law. the New York Executive Law. the Fair Housing Act of 1968. the Civil Rights Act of 1866.

QUESTIONS the New York Executive Law.
16. Refusing an apartment to a couple because they are unmarried violates no law. the New York Executive Law. the Fair Housing Act of 1968. the Civil Rights Act of 1866.

QUESTIONS 17. Contacting a New York Real Estate Lawyer for closing co-op and condo transactions can be achieved by: calling (212) NYRELAW or (212) (same number) going to ing All of the above

17. Contacting a New York Real Estate Lawyer for closing co-op and condo transactions can be achieved by: calling (212) NYRELAW or (212) (same number) going to ing All of the above

QUESTIONS 18. The Fly-by-Night Mortgage Company makes it a practice not to lend money on any inner-city property. This practice is known as redlining. blockbusting. steering. qualifying.

QUESTIONS 19. A court found Debbie Barnes guilty of illegal discrimination and ordered her to rent her next available apartment to the person who was unfairly hurt. The court order is an example of punitive damages. actual damages. an injunction. a monetary penalty.

QUESTIONS an injunction.
19. A court found Debbie Barnes guilty of illegal discrimination and ordered her to rent her next available apartment to the person who was unfairly hurt. The court order is an example of punitive damages. actual damages. an injunction. a monetary penalty.

QUESTIONS 20. The seller who requests prohibited discrimination in the showing of a home should be told "As your agent I have a duty to warn you that such discrimination could land you in real trouble." "I am not allowed to obey such instructions." "If you persist, I'll have to refuse to list your property." , All of the above

20. The seller who requests prohibited discrimination in the showing of a home should be told "As your agent I have a duty to warn you that such discrimination could land you in real trouble." "I am not allowed to obey such instructions." "If you persist, I'll have to refuse to list your property." , All of the above

QUESTIONS 21. A good precaution against even unconscious discrimination is detailed record keeping on each customer. use of a standard financial interview form. routine follow-up phone calls. All of the above

21. A good precaution against even unconscious discrimination is detailed record keeping on each customer. use of a standard financial interview form. routine follow-up phone calls. All of the above

QUESTIONS 22. The federal Fair Housing Amendments of 1988 added which of the following as new protected classes? Handicap and familial status Occupation and source of income Political affiliation and country of origin Prison record and marital status

QUESTIONS Handicap and familial status
22. The federal Fair Housing Amendments of 1988 added which of the following as new protected classes? Handicap and familial status Occupation and source of income Political affiliation and country of origin Prison record and marital status

QUESTIONS 23. The fine for a first violation of the federal Fair Housing Act could be as much as $500. $1,000. $5,000. $10,000.

QUESTIONS 24. The only defense against an accusation of illegal discrimination is proof that it was unintentional. didn't cause financial loss to anyone. arose because the agent was ignorant of the law. didn't occur.

QUESTIONS 25. Our host also sponsor’s free continuing education for which professionals: Hair Stylist Plumbers Lawyers Doctors

QUESTIONS 26. Undercover investigations to see whether fair housing practices are being followed are sometimes made by testers. evaluators. operatives. conciliators.

HUMAN RIGHTS & FAIR HOUSING

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