THE HONEST BROKER: FEDERAL FAIR HOUSING LAWS
BY: DIANE LOTT, PARADISE FOUND REALTY, INC.
First a historical look at where these laws originated. Originally titled the Civil Rights Act of 1866 which prohibited discrimination based on race only and then interpreted by the US Supreme Court in 1968 to prohibit all racial discrimination in the sale and rental of property. The Federal Fair Housing Act is officially titled the Civil Rights Act of 1968. It expanded the 1866 Act and makes discrimination in the showing, negotiation, sale, rental, o r financing of a dwelling prohibited when based on race, color, religion, sex, or national origin.
It specifically prohibits the following:
* Refusing to sell or rent after receiving an offer from a protected person
* Changing the terms or conditions of the sale or rental of a dwelling
* Representing that a dwelling is not available for sale or rent when in fact, it is.
* Using discriminatory statements or advertising
* Employing deed restrictions with references to restrictions based on race, religion, color or national origin.
* Blockbusting, which consists of inducing an owner ot list or sell on the basis that the neighborhood is deteriorating or becoming transitional due to an influx of minority persons.
*Steering or channeling an individual into or away from a neighborhood
*Redlining is the refusal by a lender to approve a mortgage loan based on a property’s location, age, or income level of the residents.
There are exemptions from those provisions, although never from racial discrimination.
*Limited exemptions for the sale/rental of 1-4-family housing, when the owner lives in the property, doesn’t use the services of a real estate broker, or doesn’t use discriminatory advertising.
* Lodging in a private club for the noncommercial benefit of club member.
* Rental of rooms in owner-occupied dwellings of up to 4 families.
*Property owned by churches or fraternal organizations (used for lodging)
The 1988 Fair Housing Amendment was passed and expanded the Civil Rights Act of 1968 to include the following:
* People with physical or mental impairments that limit major life activities, i.e., blind, or deaf persons may not be charged a higher security deposit or evicted because of guide dogs or primate helpers.
*Individuals with drug addiction problems (excludes current drug users).
* Persons with AIDS and recovering alcoholics
*Women who are pregnant and people with children under the age of 18.
Exemptions from the 1988 Fair Housing Amendment Act include.
*Housing occupied solely by persons 62 years of age or older,
*Housing with 80% or more of the units occupied by at least one person 55+ years old
*Housing for the elderly or poor that are financed or subsidized by state of federal govt. agencies.
Diane Lott, Broker
Owner: Paradise Found Realty
Paradise Found Realty, Inc. of Palm City
Email: [email protected]
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