CA_Principles_14[1]

CA_Principles_14[1] - Principles of California Real Estate Lesson 14 Civil Rights and Fair Housing Introduction Federal and state laws prohibit

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1 Lesson 14: Civil Rights and Fair Housing Principles of California Real Estate Introduction » Federal and state laws prohibit discrimination: based on race, religion, sex, and other characteristics and apply to most real estate transactions Introduction » Laws vary in terms of: catagories of groups protected, and types of activities and transactions that are covered
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2 Federal Antidiscrimination Laws Civil Rights Act of 1866 » Civil Rights Act of 1866 : prohibits discrimination on the basis of race or color applies to all types of real estate transactions: § residential or commercial § improved or unimproved Federal Antidiscrimination Laws Civil Rights Act of 1866 » The act was passed right after the Civil War, but not widely used until after 1968 Supreme Court decision Jones v. Mayer : Court held that the act prohibits “all racial discrimination, private or public, in the sale and rental of property.” Civil Rights Act of 1866 Remedies » Remedies available to a plaintiff who wins a lawsuit under the 1866 act include: injunction (an order to stop a violation) actual damages (to compensate plaintiff) punitive damages (an additional amount as a penalty)
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3 Federal Antidiscrimination Laws Civil Rights Act of 1964 » Civil Rights Act of 1964 prohibits discrimination: based on race, color, religion, or national origin in programs and activities that receive financial assistance from the federal government Federal Antidiscrimination Laws Civil Rights Act of 1964 » However, exclusions for the FHA and VA loan programs limited the impact of this law on housing discrimination. » Title VIII of the Civil Rights Act of 1968 is better known as the Federal Fair Housing Act. » Applies to sale or lease of: residential property vacant land to be used for residential construction Federal Antidiscrimination Laws Civil Rights Act of 1968
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4 In residential transactions, Fair Housing Act also prohibits discrimination in: advertising lending brokerage other services Federal Fair Housing Act Scope of law » Fair Housing Act prohibits discrimination based on: Federal Fair Housing Act Scope of law » race » color » religion » sex » national origin » disability » familial status Fair Housing Act Exemptions » While the Federal Fair Housing Act applies to the majority of real estate transactions, four types of transactions are exempt from the law’s provisions: for sale by owner owner-occupied rental religious organizations private clubs
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5 Fair Housing Act Exemptions: For sale by owner » Law doesn’t apply to a single-family home rented or sold by a private individual if: she owns no more than 3 such homes no discriminatory advertising used no real estate broker used in transaction If owner isn’t the most recent occupant, she may use this exemption only once every 24 months » Law doesn’t apply to rental of a room or unit in a dwelling with up to four units if: owner resides in one of the units no discriminatory advertising used
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This note was uploaded on 09/06/2011 for the course FI 365 taught by Professor Staff during the Spring '11 term at S.F. State.

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CA_Principles_14[1] - Principles of California Real Estate Lesson 14 Civil Rights and Fair Housing Introduction Federal and state laws prohibit

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