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