Fed./State Laws Pertaining to Real Estate
Snapshot Review
FAIR HOUSING AIMS
● enacted to create equal opportunity and access to housing and housing finance
● state laws generally reflect federal fair housing laws; federal laws do not pre-empt local zoning laws but prohibit them from discriminating
FEDERAL FAIR HOUSING
AND OTHER LAWS
Civil Rights Act of 1866
● no discrimination in selling or leasing housing based on race
● Executive Order 11063: no race discrimination involving FHA- or VA-backed loans
Civil Rights Act of 1964
● prohibited segregation in schools
● prohibited discrimination on basis of race, color, religion, national origin in public accommodations
● prohibited state and local governments from denying access to public facilities
Civil Rights Act of 1968
● Title VIII (Fair Housing Act): no housing discrimination based on race, color, religion, national origin
● certain exceptions permitted
Forms of illegal discrimination
● discriminatory misrepresentation, advertising, and financing; unequal services; steering; blockbusting; restricting access to market; redlining
Title VIII exemptions
● privately-owned single-family with no broker and no discriminatory advertising; 1-4 unit apartment building where owner is resident and no discriminatory advertising; private club facilities leased to members; religious organization-owned facilities for members and no discrimination
Jones v. Mayer
● no race discrimination, without exception
Equal Opportunity in Housing Poster
● must be displayed by brokers
Fair Housing Amendments Act of 1988
● no discrimination based on sex or against the handicapped or families with children
Discrimination by the client
● agent liable for complying with client’s discriminatory acts
Violations and enforcement
● file HUD complaint, sue in court, or both; may obtain injunction, damages; violators subject to prosecution
Fair financing laws
● Equal Credit Opportunity Act: no discrimination in housing finance based on race, color, religion, sex, marital status, age; Home Mortgage Disclosure Act: no redlining
Americans with Disabilities Act of 1990
● no discrimination against those with disabilities; applies to employment, education, transportation, public facilities; equivalent access
● Titles I (employment) and III (public accommodation) most common for real estate agents
Interstate Land Sales Full Disclosure Act
● protects consumers when purchasing property sight unseen through interstate commerce
● requires subdivision of 100 or more lots to be registered and buyers to be given a property report; fewer than 25 lots are exempt
FLORIDA FAIR HOUSING AND LANDLORD-TENANT LAWS
Florida Fair Housing Act
● prohibits housing discrimination based on seven protected classes
● victims of discrimination may file complaint within 1 year or civil lawsuit within 2 years with fines imposed against violators
Florida Americans with Disabilities Accessibility Implementation Act
● incorporates federal accessibility standards into FL code with requirements for new residential buildings
Florida Residential Landlord and Tenant Act
● applies to residential rental units, not rent-to-own units or public lodging
● provides requirements for collecting and holding security deposits and advanced rent
● includes landlord’s obligations to maintain the premises in good repair
● includes tenant’s obligations to comply with applicable codes and keep unit clean
● designates when landlords may enter the premises for repairs and emergencies, etc.
● provides mandates for notices regarding the tenant vacating the unit and how to handle the security deposit and claims against it
● includes processes for termination of rental agreement by tenant or landlord
● provides procedures for collecting past due rent and evicting noncomplying tenants