Chapter 4 Fair Housing 2010©Cengage Learning. All Rights Reserved

Chapter 4Fair Housing

2010©Cengage Learning. All Rights Reserved.

http://www.cengage.com/realestate/fraser

IN THIS CHAPTER

• “Separate and unequal” used to justify segregation.

• The courts and legislature dealt with racial discrimination in accordance with the political trends of the day.

• Major U.S. Supreme Court decisions and federal laws have ultimately the racial and cultural diversity we have today.



DRED SCOTT DECISION

• Suit for freedom• Scott claimed that his residence in a free

territory made him a free man• Court held the Missouri Compromise

unconstitutional, hoping to end the slavery question

• Decision set the stage for the Civil War



CIVIL RIGHTS ACT OF 1866

• It guaranteed equal rights under the law• Specifically stated that:– “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.”

• Bars all racial discrimination, private as well as public



Cases

• Shelley v. Kraemer • Jones v. Mayer



FEDERAL FAIR HOUSING ACT OF 1968

• Prohibits discrimination in housing on the basis of race, color, religion, or national origin.

• 1974 added discrimination on basis of sex• 1988 added provisions to prevent

discrimination based on mental or physical handicap and familial status




Listing of protected classes by law


Prohibited Acts• 1. Refusing to sell or rent housing or to

negotiate the sale or rental of residential lots on the basis of discrimination because of race, color, religion, sex, national origin, disability, or familial status.

• 2. Discriminating against “any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith, because of race, color, religion, sex, national origin, disability, or familial status.”



Blockbusting

“for profit, to induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, religion, sex, national origin, disability or familial status.”



Steering

When licensees direct prospective purchasers, especially minority purchasers, toward or away from specific neighborhoods to avoid changing the ethnic and/or racial makeup of neighborhoods.



Discriminatory Advertising

that which shows preference based on race, color, religion, sex, national origin, disability, or familial status.



Redlining

refusing to make loans to purchase, construct, or repair a dwelling by discriminating on the basis of race, color, religion, sex, national origin, disability, or familial status.



Real Estate Brokerage Services“it is unlawful to deny any person access

to or membership or participation in any multiple listing service, real estate broker’s organization, or other service relating to the business of selling or renting dwellings, or to discriminate against him in the terms or conditions of such access, membership, or participation on account of race, color, religion, sex, national origin, disability, or familial status.”



Enforcement

1. By administrative procedure through the Office of Equal Opportunity, Department of Housing and Urban Development (HUD).

2. The aggrieved party, with or without filing a complaint to HUD, may bring a civil suit in federal district court within two years of the alleged violation of the act.

3. The U.S. attorney general may file a civil suit in any appropriate U.S. district court.



Penalties

a civil penalty of up to $10,000 for a first offense, $25,000 if another violation occurs within five years, and $50,000 if two or more violations occur in seven years.



MICHIGAN FAIR HOUSING ACT Michigan law is substantially the same as

federal law. The Elliott–Larsen Civil Rights Act replaced

the 1968 Michigan Fair Housing Act and took effect in 1977.

The Person’s with Disabilities Civil Rights Act covering physical and mental disability in housing was added in 1976.



NATIONAL FAIR HOUSING ALLIANCE (NFHA)

• A coalition of private, nonprofit fair housing groups that joined with federal and state government fair housing enforcement agencies to substantially improve fair housing enforcement activities.



AMERICANS WITH DISABILITIES ACT (ADA)

o Effective January 26, 1992o Specifically protects the rights of

individuals with disabilitieso Individuals with disabilities cannot be

denied access to public transportation, any commercial facility, or public accommodation



CHAPTER TERMINOLOGY REVIEW


Americans with Disabilities Act (ADA)blockbustingCivil Rights Act of 1866Civil Rights Act of 1968disabilityDiscriminatory advertisingElliott–Larsen Civil Rights ActFair Housing Act of 1968Fair HousingAmendments Act of 1988familial statushandicapMichigan Civil Rights CommissionMichigan Person’s with Disabilities Civil Rights ActNational Fair Housing Alliance (NFHA)redliningsteeringtester



Documents

Chapter 4 Fair Housing 2010©Cengage Learning. All Rights Reserved