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Fair Housing, ADA, Equal Credit, and Community Reinvestment


Chapter 12


In This Chapter You will study federal and state

legislation that has had a strong impact on expanding the ability of individuals to own real estate.

Constitutional Impact The Declaration of Independence declared that

all [people] are created equal and set the stage for an attitude of the government that we enjoy in the United States.

The United States Constitution instilled in all citizens certain inalienable rights of which they can never be deprived.

The most significant of these rights are stated in the Fifth, Fourteenth, and Thirteenth Amendments to the Constitution.



Race

Color

Religion

Sex

National Origin

Handicap

Familial Status

Fair Housing

Protected Classes

• Race• Color• Religion• National origin• Sex

Fair Housing

1. Family status2. Handicap

Equal CreditOpportunity Act

1. Public assistance2. Age3. Marital status


Refusing to sell or rent to, deal, or negotiate with any person.

Discriminating in the terms or conditions for buying or renting housing.

Discriminating by advertising that housing is available only to persons of a certain race, color, religion, sex or national origin, those who are not handicapped, or adults only.

Illegal Acts


Denying or making different terms or conditions for home loans by commercial lenders.

Denying to anyone the use or participation in any real estate services, such as brokers’ organizations, multiple listing services, or other facilities related to the selling or renting of housing.

Steering or block-busting.

Illegal Acts


Steering•The illegal practice of directing home seekers to particular neighborhoods.


Block Busting• The illegal practice of inducing panic selling in a neighborhood for financial gain.


Agent’s Duties

A real estate agent’s duties are to uphold the Fair Housing Law and the 1866.

Civil Rights Act


Testers Individuals or organizations that respond to

advertising and visit real estate offices to test for compliance with fair housing laws.

The tester does not announce himself or herself as such or ask if the office follows fair housing practices.


Texas Fair Housing Act Passed in 1989. Parallels the Federal Fair Housing. Allows for the investigation discriminatory

housing practices. Provides for criminal penalties.


Americans with Disabilities Act ADA enacted July1992. Deals primarily with commercial property. Provides access requirements and prohibits

discrimination against people with disabilities.


Equal Credit Opportunity Act Provides for credit to all without regard to:

Sex Marital status Race Color Religion National origin Age Receipt of public assistance income


CRA Lender must define its community List types of credit offered to the community. Provide notice in lobby. Helps to keep community money available in

the community! CRA Statement


Key Terms ADA Block Busting CRA Familial status Handicapped

Protected class Steering Tester Texas Fair Housing

Act


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