Principles Practices: Module 7 Chapter 11 Flashcards

Principles & Practices: Module 7 (Chapter 11) Flashcards

The Ohio Civil Rights Law prohibits housing discrimination

on the basis of:

• Race- Color- Religion- Sex- Ancestry- National origin-

Disability- Familial status- Military statusThe state law applies to the sale or lease of any building used, or intended to be used, as a residence.It also applies to any vacant land offered for sale or lease (not just land offered specifically for residential purposes).*** Who Can Be Held Liable for Unlawful Discrimination- Seller / landlord- Property manager- Resident manager- Real estate broker- Real estate salesperson- Multiple Listing Service- Rental agent- Lender- Loan officer- Homeowners association Familial StatusAs mentioned earlier, the Fair Housing Act prohibits discrimination on the basis of familial status, making it illegal to discriminate against a person because she is a parent or guardian with custody of a child under 18 years old-but that rule does not apply to "housing for older persons."The Act defines housing for older persons as any

housing that is:- Provided under a state or federal program

designed to assist the elderly.- Intended for and solely occupied by persons 62 or older.- Designed to meet the physical or social needs of older persons if management publishes and follows policies and procedures demonstrating an intent to provide housing for persons 55 or older, and at least 80% of the units are occupied by at least one person 55 or older.*** Down Town's new zoning law contains no discriminatory language but has the effect of keeping minorities out of the city by restricting subsidized housing.So, the law isa. not okay because it does not state its intent of exclusionary zoning.b. not okay because it has a disparate impact on minorities.c. okay because it does not state any discriminatory intent.d. okay because people in subsidized housing are not a protected class.

• Even if the outcome is unintended, exclusionary zoning

ordinances that have a disparate impact on minorities, a protected class, are prohibited.The Ohio Civil Rights Law: Prohibited Acts: The state law makes it illegal to discriminate by refusing to sell or rent, refusing to negotiate for sale or rental, or otherwise make housing unavailable. The law also makes it illegal to discriminate in the terms or conditions of a sale or lease, or in furnishing facilities and services in connection with housing Discrimination in Advertising (2)In one case, discrimination was found in advertising because whenever the brokerage took a listing in one of the "changing areas" of the city (a neighborhood that was

becoming more integrated or was becoming predominantly black, for example), its standard practice was to advertise that home in the black newspaper and not in the general circulation newspapers.EXAMPLE: Liability for DiscriminationIn one case, the Supreme Court held that the actual rental applicant, a black checker, a white checker, and the fair

housing organization were all entitled to sue because, in effect, they all had been injured by the defendants' discriminatory practices. The actual rental applicant's claim was based on straightforward allegations of denial of housing and racial steering. The black checker's claim was based on a provision of the Fair Housing Act making it unlawful for anyone to misrepresent that housing is not available when, in fact, it is. The white checker's claim was based on a general right to enjoy the benefits of an integrated society; the defendants' practices interfered with that right. Finally, the fair housing organization had a right to sue on the theory that the defendants' practices interfered with the organization's housing counseling and referral services with a resulting drain on its financial resources.

Civil Rights Act of 1866: Compensatory Damages damages awarded to an injured party to compensate the party for injuries suffered. Let's continue with the last example. In this situation, compensatory damages may include reimbursement for expenses caused by the discrimination (e.g., extra rent, storage, moving costs). The award may also include compensation for emotional distress (humiliation, stress, and anger) that results from being discriminated against. In many discrimination cases, the compensatory damages can total thousands of dollars; in exceptional cases, hundreds of thousands of dollars have been awarded.Discrimination in Advertising (1)In some areas, an advertisement describing a home as "near schools and churches" may be taken to mean that it is in a Gentile neighborhood, and that those of Jewish ancestry (who attend temples or synagogues, not churches) are not welcome.Under certain circumstances, even the newspapers a broker chooses for advertising may be held to have the effect of racial steering.*** The Federal Fair Housing Act prohibits discrimination based ona. race, color, religion, sex, age, national origin, disability, or familial status.b. race, color, religion, sex, ancestry, national origin, disability, familial status, or handicap.c. race, color, religion, sex, marital status, national origin, disability, or familial status.d. race, color, religion, sex, national origin, disability, or familial status.

• The Federal Fair Housing Act (Title VIII of Civil Rights

Act of 1968) prohibits discrimination based on race, color, religion, sex, national origin, disability/handicap, or familial status in the sale or lease of residential property.BlockbustingThe illegal practice of inducing owners to sell their homes (often at a deflated price) by suggesting the ethnic or racial composition of the neighborhood is changing, with the implication that property values will *** 2 checkers attempt to buy home & find evidence of discrimination. What happens to the salesperson's license?a. It will be placed on inactive status.b. It will be revoked.c. It will be suspended.d. There is an insufficient amount of information to determine what will happen.

• There's not enough information to determine the

outcome at this point. While the Ohio Real Estate Commission has rules about license suspension and revocation for fair housing violations, those rules do not apply when the discrimination complaint is based on the experiences of a checker. If the checkers file a complaint, it's investigated, and the licensee is found guilty, the Commission could take a number of disciplinary actions.The Ohio Civil Rights Law outlaws all of the following with

regard to housing:

• Blockbusting- Steering- Discriminatory advertising-

Discriminatory restrictive covenants- Interference with a person's enjoyment of his civil rights- Discrimination by multiple listing services- Discrimination by insurance companies (concerning homeowners insurance and fire insurance)- Redlining and other lending discriminationThe state law also generally prohibits asking questions (either in person or on an application) about race, color, religion, sex,