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Chapter 22: Fair Housing, ADA, Equal Credit, and Community Reinvestment

U.S. ConstitutionFifth AmendmentThirteenth

AmendmentFourteenth

Amendment

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CONSTITUTIONAL IMPACT ONOWNERSHIP OF REAL PROPERTY

Civil Rights Act of 1866Fair Housing Act, offi cially

known as Title VIII of the Civil Rights Act of 1968

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FAIR HOUSING LAWS

RaceColorReligionSexNational OriginHandicapFamilial Status

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FAIR HOUSING

1. Single-family houses owned by private individuals when: a real estate broker or other person in the business of selling or renting dwellings is used, and/or Discriminatory advertising is used.

2. Single-family houses not owned by private individuals.

3. Single-family houses owned by a private individual who owns more than three such houses or who, in any two-year period, sells more than one in which the individual was not the most recent resident.

4. Multifamily dwellings of five or more units.5. Multifamily dwellings containing four or fewer units,

if the owner does not reside in one of the units.© OnCourse Learning

HOUSING COVERED

• Race• Color• Religion• National origin• Sex

Fair Housing

1. Family status2. Handicap

Equal CreditOpportunity Act

1. Public assistance2. Age3. Marital status

Protected Classes

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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.

I LLEGAL ACTS

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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.

I L LEGAL ACTS (CONT INUED)

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Steering

The illegal practice of directing home seekers to particular

neighborhoods.

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Block Busting

The illegal practice of inducing panic selling in a neighborhood

for financial gain.

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ADADeals primarily with commercial property.Provides access requirements and prohibits

discrimination against people with disabilities.

AMERICANS WITH DISABILITIES ACT

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Originally passed to provide for equal credit for borrowers by making it unlawful to discriminate against an applicant for credit based on sex or marital status

Prohibits discrimination in any credit transaction based on race, color, religion, national origin, sex, marital status, age (not including minors), receipt of income from a public assistance program, and the good faith exercise of rights under the ECOA.

Equal Credit Opportunity Act

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Expands the concept that needs of community must be addressed.

Institution must post CRA notice in lobby.

COMMUNITY REINVESTMENT ACT

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Key Terms

ADA Block busting CRA ECOA Familial status

Handicapped Protected class Steering Tester

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