Chapter 4: Fair Housing
Terms in this set (15)
Civil Rights Act of 1866
All citizens of the United States shall have the same right, in every State and Territory, as enjoyed by white citizens thereof to inherit, purchase, lease, sell, hold and convey real and personal property.
Shelley v. Kraemer
1948 - State courts could not constitutionally prevent the sale of real property to blacks even if that property is covered by restrictive covenant.
Jones v. Mayer
1968 - Case that established all discrimination based on race is illegal both in public and private cases
Fair Housing Act of 1968
prohibits discrimination in housing on the basis of race, color, religion, or national origin.
Fair Housing Amendment of 1988
Prohibits discrimination based on handicap and familial status
Occurs when RE salesperson try to induce owners to list property for sale or rent by telling them that person of a particular race, color, national origin, sex, religion, handicap, or familial status are moving into the area
when RE salesperson direct people toward or away from specific neighborhoods to avoid changing the ethnic and/or racial makeup of neighborhoods
Refusing to make loans to purchase, construct, or repair a dwelling by discriminating on the basis of race, color, religion, etc.
A Person is deemed to be in the business of real estate if...
Participated as the principal in 3 or more transactions in the last 12 months, owner of a dwelling intended to house five or more families
Elliot-Larsen Civil Right Act
1977 - Replaced the 1968 Michigan Fair Housing Act. Protects race, color, religion, sex, national origin, familial status, disability, AND age and marital status
Michigan Civil Rights Commission
Responsible for investigation civil rights discrimination against any of the protected classes.
Americans with Disabilities Act (ADA)
Individuals with disabilities cannot be denied access to public transportation, any commercial facility, or public accomodation.
Disparate impact doctrine
Any policy or rule that has a disproportionate impact on a protected class of people
Enforcement under HUD
10K first offense, statute of limitations 1 year
Remedies and damages, statute of limitations two years