https://www.hud.gov/program_offices/fair_housing_equal_opp/fair_housing_act_overview
Own a rental property and don’t want street sitters? Too bad.
Inherit grandmas house filled with memories from your childhood that you would love to see in the hands of a young couple wanting to do the same thing as your grandparents? Great nostalgia, but the illegals with government subsidies sure going to take it.
https://www.thebalancemoney.com/fair-housing-act-violation-1798892
https://shelterforce.org/2023/03/21/three-ways-affh-has-advanced-housing-justice/
Here are more examples of amendments, rules, and acts in the context of real estate that aim to prevent discrimination or promote fair practices:
- Fair Housing Act (FHA) - 1968
Major Amendments and Updates: 1. Fair Housing Amendments Act of 1988: • Added protections for disability and familial status (e.g., families with children under 18). • Strengthened enforcement powers of the Department of Housing and Urban Development (HUD), allowing HUD to initiate complaints. 2. Affirmatively Furthering Fair Housing (AFFH) (2015, revised in 2021): • Required jurisdictions receiving federal funds to actively combat segregation and remove barriers to fair housing. • Encouraged local governments to assess discriminatory practices in their housing policies. 3. Executive Orders: • Executive Order 13988 (2021): Expanded “sex” protections under the Fair Housing Act to include sexual orientation and gender identity.
- Equal Credit Opportunity Act (ECOA) - 1974
Key Real Estate Context: 1. Dodd-Frank Act (2010): • Strengthened protections against discriminatory mortgage lending practices. • Enhanced oversight of mortgage disclosures to ensure transparency and fairness. 2. HMDA and ECOA Integration: • The Home Mortgage Disclosure Act (HMDA) works alongside ECOA to track lending patterns and identify potential discrimination, particularly in mortgage loan approvals.
- Real Estate Settlement Procedures Act (RESPA) - 1974
Relevant Updates: 1. TILA-RESPA Integrated Disclosure Rule (TRID) - 2015: • Simplified and combined disclosure forms to ensure transparency in closing costs and terms for borrowers. • Helped prevent deceptive practices that could disproportionately affect minority buyers. 2. Anti-Kickback Rules: • Prohibited real estate professionals from receiving referral fees that could skew fair access to settlement services.
- Americans with Disabilities Act (ADA) - 1990
Real Estate Implications: 1. ADA Amendments Act (2008): • Broadened the scope of disability protections to include accessibility in leasing offices, common areas, and public spaces within multi-family housing. • Ensured that real estate offices and commercial properties comply with accessibility requirements.
- Community Reinvestment Act (CRA) - 1977
Updates: 1. 1995 Revision: • Increased emphasis on ensuring that banks meet the credit needs of low- and moderate-income communities. • Helped promote fair access to mortgage loans in underserved areas. 2. Current Revisions (Proposed 2021): • Aim to modernize CRA standards to reflect online and non-traditional lending practices.
Housing for Older Persons Act (HOPA) - 1995 • Clarified and updated exemptions under the Fair Housing Act for housing intended for seniors. • Allowed communities to legally restrict occupancy to individuals 55 and older, provided they meet specific requirements.
Home Mortgage Disclosure Act (HMDA) - 1975
Relevant Changes: 1. Dodd-Frank Act (2010): • Expanded HMDA reporting requirements to include additional data points, such as interest rates and credit scores, to help identify discriminatory lending patterns. 2. Data Transparency: • Lenders must report demographic data about applicants (e.g., race, ethnicity, and gender) to track discriminatory practices in lending.
- State and Local Fair Housing Laws
Many states and municipalities have passed additional legislation expanding protections beyond federal laws: 1. California Fair Employment and Housing Act (FEHA): • Prohibits housing discrimination based on sexual orientation, gender identity, and source of income. 2. New York State Human Rights Law: • Includes protections for lawful source of income (e.g., housing vouchers). 3. Chicago Residential Landlord and Tenant Ordinance: • Prohibits discrimination based on military status and domestic violence survivor status.
Anti-Steering and Anti-Blockbusting Rules
- Anti-Steering: • Prohibits real estate agents from directing buyers or renters to specific neighborhoods based on their race, ethnicity, or religion. • Reinforced by HUD’s guidance under the Fair Housing Act.
- Anti-Blockbusting: • Prevents agents from inducing panic selling by suggesting that demographic changes in a neighborhood (e.g., an influx of minority residents) will lower property values.
Accessibility Standards in Multi-Family Housing
- Fair Housing Act Accessibility Guidelines (1991): • Mandates specific accessibility features for multi-family housing with four or more units, such as: • Accessible entrances. • Wide doorways. • Bathroom reinforcements for grab bars.
- ADA Public Accommodations Rules: • Requires leasing offices, clubhouses, and other public areas in housing developments to comply with ADA standards.