CHAPTER 6 SHORT-ANSWER QUESTIONS 1. Under the Federal Civil Rights Acts of and, real estate licensees must ensure that,,, and, play no part in their activities. 2. In 1974, the Housing and Community Development Act added the protected class of. In 1988, the Fair Housing Amendments Act, added the protected classes of and, and. 3. List seven things considered protected disabilities: a) ; b) ; c) ; d) ; e) ; f) ; g). 4. Although alcoholism is protected, housing providers or their agents may take into consideration the " " of the condition. 5. A housing provider may not refuse to permit a disabled person from making to the premises at their own expense. The housing provider may not increase the, but the landlord may escrow a reasonable amount of money to cover the cost of restoration. 6. "Familial Status" means: "one or more persons who are younger than years old domiciled with a or custodian. As of the 1988 Act, it is also illegal to have an "adults only" section. 7. Cite the two exceptions to "familial status," for housing for the elderly: a) ; b). 8. People with complaints based on the Federal Civil Rights Acts must file a with HUD within one year, or may file in federal court within. 9. Federal penalties for violations could be anywhere from to in civil penalties, plus actual and punitive. 10. means inducing a person to sell by representing that persons of a particular race, color, religion, disability or familial status, are moving into the neighborhood. 11. The Fair Housing Act does not only prohibit intentional discrimination, but also more forms of discrimination, and conduct which has discriminatory. Copyright 2016 - All Rights Reserved 1 Real Estate Law & Practice (48 credit hrs)
12. The Amendment to the U.S. Constitution eliminated slavery, but was not implemented in the housing context until the 1968 case of Jones v. Mayer, where the U.S. Supreme Court ruled that the Civil Rights Act of 1866 barred all discrimination, public or, in the or of property. Note: Unlike the Civil Rights Act of 1968 and its progeny, if there is a violation of the Civil Rights Act of 1866 (which deals with race only,) then there are no exceptions allowing discrimination. (Such as those exemptions detailed in Questions 10 through 16.) 13. List the four basic responsibilities for real estate offices in complying with the Americans with Disabilities Act: a. ; b. ; c. ; d.. 14. Architectural barriers must be removed if it is " ", which takes into account cost in relation to the of the owner. 15. Not only was Colorado the first state to pass anti-discrimination laws pertaining to private property, but its act preceded the Act. The Colorado Act prohibited discrimination on the basis of race, creed, color, religion, national origin, or. 16. In 1969, was added, and in 1973,. In 1977, became part of the Colorado law. Familial Status as a protected class also followed. In 2008, Colorado added the protected class of. 17. The Colorado law is more extensive than the Federal Act in its coverage inasmuch as the Act covers all property, including leasehold interests in buildings. The provisions of the Federal Title VIII cover only property, and do not include commercial. 18. Definition: a. "Age" equals at least years old, but less than years. b. "Commission" means the Colorado Commission; c. "Disability" means: 1. impairment; 2. impairment. 19. "Respondent" means any person or entity against whom a charge is filed. 20. Definition: a. An person is anyone who claims that he or she has been or will be injured by a discriminatory housing practice; b. "Familial status" means anyone who has not attained the age of years who is domiciled with a parent or anyone having custody; c. "Housing" means any building, structure, land that is: 1. ; 2. ; Copyright 2016 - All Rights Reserved 2 Real Estate Law & Practice (48 credit hrs)
3. ; d. It does not include any offered for rent or lease in a family dwelling maintained in whole or part by the or as his household. 21. covenant means any limitation of the transfer or lease of property because of the categories listed in this Act. 22. Transfer does not include a transfer of the property by or. 23. It is unlawful and prohibited by C.R.S. Section 24-34-502: a. For any person to refuse to: 1. ; 2. ; 3. ; 4. ; or 5. ; or to refuse to transmit any bona fide offer because of the race, creed, color, etc., of such person. It is also prohibited to make any or inquiry because of the above matters in the sale, etc., of housing. b. It is also illegal and prohibited to make any concerning the race, etc., of any person seeking financial assistance in securing housing. Furthermore, it is illegal to discriminate so far as the terms of such assistance are concerned. c. It is unlawful to include in a housing transaction any restrictive or to honor any such covenant; d. It is illegal for anyone to print or any advertisement pertaining to a real estate transaction, any preference, discrimination, etc., based on the categories covered by the Fair Housing Act. There are no exceptions to this rule. e. Section 24-34-502(1)(e) of the Colorado Fair Housing Act makes it illegal to aid, abet, incite, or the doing of any act prohibited by this section or to discriminate against anyone who has opposed the practices prohibited; f. For any person to discharge, demote, or discriminate against any or because of that person's compliance with this portion of the Fair Housing Act. Obviously, the last two sections pertain to the actions of ; g. The law also prohibits in real estate transactions, discrimination in regard to financing, as follows: 1. making or residential real estate loans; 2. loans for improving, or repairing a dwelling; 3. selling, brokering or a residential real property; h. To either deny or discriminate in terms of relationship to multiple listing service or real estate. 24. This Act does not prohibit compliance with local ordinances, concerning restrictions on. 25. The Act does not prohibit organizations from limiting the sale, rental or occupancy of dwellings which it owns or operates for non-commercial purposes to persons of the Copyright 2016 - All Rights Reserved 3 Real Estate Law & Practice (48 credit hrs)
same religion, as long as admission to that denomination is not restricted on the basis of one of the protected classes. 26. The Act does not prohibit a which provides lodgings which it owns or operates for non-commercial purposes, from limiting the rental of these lodgings to its members, as long as admission to that club is not restricted on the basis of one of the protected classes. 27. The Act does not limit any reasonable limits on restrictions regarding the maximum number of. 28. The provisions of this Act state that the provisions pertaining to status do not apply to housing for the elderly. This requires the housing to be: a. exclusively designed for, and occupied by persons years of age, or b. designed or occupied by at least one person years of age per unit. 29. There are three basic factors that determine whether property qualifies as housing for the elderly. At least one factor must be present. List the three factors: a. ; b. ; c.. 30. Regarding familial status, (and all of the protected classes) the protections of the Act shall not restrict discrimination in the following instances. (Note: This means that these types of individuals are actually free to discriminate if they fit these narrow classifications): a. a single family house sold or rented by the owner, if that private individual does not own more than single family houses at one time. If the owner was not living on the premises, or was not the most recent occupant of the house, this exemption shall apply to the sale of more than house during any month period. There are two other qualifications to this exemption. They are: 1. ; 2.. b. For purposes of this section, a person shall be deemed to be in the business of selling or renting dwellings if: 1. ; 2. ; 3.. 31. It shall be an unfair or discriminatory action and unlawful to discriminate against a handicapped person in the sale or rental, if: a. the handicapped person will reside on the premises after it is or ; b. there are discriminatory terms relating to the or privileges because of the handicap. 32. "Discrimination" includes: a. ; Copyright 2016 - All Rights Reserved 4 Real Estate Law & Practice (48 credit hrs)
b. ; c.. 33. If the charge relates to the refusal to show housing, the may issue an order directing the respondent to show the housing to the complainant. If the respondent still refuses to comply, within days, the Commission may file a petition with the Court. 34. What are the time limits on filing charges? a. With the Commission ; b. An action by the Attorney General ; c. An individual filing a civil action in the United States District Court. 35. What relief is available from the Court? a. ; b. ; c. ; d.. 36. To find that probable cause exists that a violation of the Fair Housing Act has occurred, the Director of the Commission needs only find that upon all facts and circumstance, a person of prudence and caution would be warranted in a belief that an unfair housing practice had occurred. 37. A conciliation agreement shall be an agreement between the and the party. The agreement must be approved by the. 38. Other relief the Court may order, includes: a. Order a rehiring and ordering back pay; b. To take affirmative action regarding the granting of financial assistance; c. To reimburse the offended party for any actual expenses incurred; d. To award actual damages; e. To assess a civil penalty in what amounts? 1. If no prior discriminatory practice has been previously committed by the respondent: 2. If the respondent has been adjudicated to have committed any other discriminatory act within five years: 3. If two or more acts have been adjudicated during the last seven years?. Copyright 2016 - All Rights Reserved 5 Real Estate Law & Practice (48 credit hrs)
CHAPTER 6 QUIZ 1. The Federal Fair Housing Act and the Colorado Fair Housing Act both cover: a. residential property b. commercial property c. vacant land d. Both a. and b. 2. Under the Colorado Fair Housing Act, "Housing" means: a. all real property b. all residential property for rent c. Both a. and b. d. Neither a. nor b. 3. Under the Fair Housing Act, the word "transfer" includes: a. by sale b. by gift c. by will d. All of the above 4. Which of the following is not a violation of the Fair Housing Act? a. A refusal to rent to a handicapped individual b. A written inquiry concerning race, creed, color, etc. c. An oral inquiry concerning race, creed, color, etc. d. None of the above 5. Which of the following is a violation of the Fair Housing Act? a. Barring a handicapped person from a restaurant b. Refusing to admit to membership in a hunting club because of race c. Refusing to grant membership in a multiple listing service on the grounds of race d. both a. and c., but not b. 6. Which of the following does not constitute a violation of the Fair Housing Act? a. Leasing only to members of one sex b. Leasing only to the handicapped c. Leasing only to members of one religion d. All of the above 7. A person shall be deemed to be in the business of selling or renting dwellings, if: a. within 12 months has sold two dwellings b. he or she has acted as an agent in the sale of any dwelling c. Both a. and b. d. Neither a. nor b. Copyright 2016 - All Rights Reserved 6 Real Estate Law & Practice (48 credit hrs)
8. Under the Colorado Fair Housing Act, the Attorney General in a civil case, may: a. intervene in all cases b. intervene if requested to by the Governor of the State c. intervene if the Attorney General certifies the case to be of general importance d. All of the above 9. If a violation of the Fair Housing Act occurs, which of the following is true? a. The aggrieved party must file a complaint with the Commission within two years b. The Attorney General must file a lawsuit within one year c. The Director must, within ten days after filing of a complaint, serve the respondent with a notice identifying the alleged violation d. All of the above 10. An aggrieved person who has filed a civil action: a. may collect only actual damages b. may collect both actual and punitive damages c. may seek criminal penalties against the defendant d. may get only an injunction prohibiting the action 11. Which of the following is not prohibited by the Fair Housing Act? a. R owns an apartment building with several vacant units. When an Asian family asks to see one of the units, R tells them to go away. b. M, a Roman Catholic, calls on a duplex, and the landlord tells her the rent is $400 per month. When she talks to the other tenants, she learns that all the Lutherans in the complex pay only $325 per month. c. A developer places this ad in an urban newspaper: Happy Valley Dream Homes Just For You! The ad is accompanied by a photo of several African-American families. d. N, an individual refuses to rent to anyone of Lithuanian descent. 12. Which of the following is not prohibited by the Fair Housing Act? a. F, who uses a wheelchair, is told that the house F wants to rent is no longer available. The next day, however, the For Rent sign is still in the window. b. D runs a home for the elderly, restricting admission only to individuals 65 or older. c. Q, a real estate agent, sends brochures to homeowners in the predominantly white Wheatwood neighborhood. The brochures, which feature Q s past success selling homes, include photos of racial minorities, population statistics and the caption, The Changing Face of Wheatwood. d. A lender requires S, a divorced mother of two young children, to pay for a credit report. In addition, her father must cosign her applications. After talking to a single male friend, S learns that he was not required to do either of those things, despite his lower income and poor credit history. 13. Which of these terms is permitted in advertising, according to HUD s Advertising a. white neighborhood b. no Albanians c. good neighborhood d. nice Christian family Copyright 2016 - All Rights Reserved 7 Real Estate Law & Practice (48 credit hrs)
14. Which of these terms is not permitted in advertising, according to HUD s Advertising a. near great Catholic school b. chapel on premises c. kosher meals available d. Merry Christmas 15. Which of these terms is not permitted in advertising, according to HUD s Advertising a. mother-in-law suite b. master bedroom c. great house for a man d. female roommate sought 16. Which of these terms is permitted in advertising, according to HUD s Advertising a. married couple only b. no more than two children c. retiree s dream house d. quiet neighborhood 17. Which of these terms is permitted in advertising, according to HUD s Advertising a. Illustrations showing only singles. b. Photographs showing ethnic races, family groups, singles, etc. c. Depictions showing only African American families. d. Website home page showing only elderly white adults. 18. G, a real estate broker says, I hear they re moving in. There goes the neighborhood! Better put your house on the market before values drop! This is an example of what illegal practice? a. Steering. b. Blockbusting. c. Redlining. d. Fraudulent advertising. 19. Which of the following would not be permitted under the federal Fair Housing Act? a. An expensive club in New York rents rooms only to members who are graduates of a particular university. b. The owner of a 20-unit residential apartment building rents to men only. c. A Catholic convent refuses to furnish housing for a Jewish man. d. An owner refuses to rent the other side of her duplex to a family with children. 20. If a mortgage lender discriminates against a loan applicant on the basis of marital status, it violates what law? a. ADA b. Civil Rights Act of 1864 c. ECOA d. Fair Housing Act Copyright 2016 - All Rights Reserved 8 Real Estate Law & Practice (48 credit hrs)