List ten laws that affect property managers. (Any 10 of the following)
Civil Rights Act of 1866
Executive Order 11063
Civil Rights Act of 1968/ Fair Housing Act
Indiana Civil Rights Law
Indiana Fair Housing Act
Uniform Residential Landlord and Tenant Act
Americans with Disabilities Act
Escrow Regulations
Advertising Laws, including HUD
Equal Credit Opportunity Act
Indiana Real Estate License Laws
What rights were provided by the Civil Rights Law of 1866?
All US citizens have the same right to inherit, purchase, lease, sell, hold, and convey real and personal property as do white citizens.
Property managers can be exposed to discrimination liability by applying different standards to different parties in what three areas?
Housing availability, professional services, qualifying information
List five actions prohibited by the Federal Fair Housing Act in regard to the sale and rental of housing. (See Page #6 for additional answers.)
Refusal to rent or sell housing
Refusal to negotiate for housing
Deny a dwelling
Make housing unavailable
Set different terms, conditions, or privileges for sale or rental of housing
What law prohibits any person, for profit, to induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, religion, color, sex, disability, national origin, or ancestry?
Indiana Civil Rights Law
What law includes drug addiction (not from illegal drug use) and alcoholism in its definition of individuals protected from housing discrimination?
Indiana Civil Rights Law
How is the Indiana Civil Rights Commission attempting to find causes of housing discrimination?
The Commission is using a testing system wherein Commission representatives are posing as renters to survey the state of housing discrimination throughout the state.
What is the goal of the URLTA?
To equalize and standardize rights of landlords and tenants; to protect tenants from unethical practices; and to prevent unfair, complex leases and their enforceability.
Under URLTA, what are a landlord's obligations to a tenant?
Landlords must bargain in good faith, provide required maintenance, make repairs, comply with local building codes, provide access and safety services, and provide a procedure for delivery of official notices.
What are the state exemptions for the URLTA?
State laws typically do not apply to hotels and motels, proprietary leases in coops, or occupancy in a residence that is under a contract for deed (land contract).
What are managers required to do under the ADA?
Managers must ensure that people with disabilities have full and equal access to facilities and services.
What is a property manager required to do to comply with Escrow Regulations?
The manager must set up a separate escrow account for the deposit of rents received from the owner or on the owner's behalf for expenses related to property management.
What does Section 804(c) of the Federal Fair Housing Act prohibit in regard to advertising for housing?
making, printing, and publishing of advertisements, which state a preference, limitation, or discrimination on the basis of race, color, religion, sex, handicap, familial status, or national origin
In regard to familial status, what do HUD guidelines prohibit in housing advertising?
No explicit preference, limitation, or discrimination based on familial status; no limitations on number or ages of children; no stated preference for adults, couples, or singles.
If a property manager is supervised by a licensed broker, but the manager leases, rents, and manages properties, does the property manager need a real estate license in Indiana?
no
Law that states;
All citizens of the United States shall have the same right in every state and territory as is enjoyed by white citizens thereof to inherit, purchase, lease, sell, hold, and convey real and personal property.
Civil Rights Law of 1866
Act that states;
Illegal to discriminate based on race, color, religion, or national origin in housing activities.
Exemptions include owner of 3 or fewer single family properties, owner who lives in 1 apartment in 1-4 family complex, religious organizations owned for benefit of members but not commercial purposes, and private clubs not open for commercial use.
Prohibits applying different standards to different parties in housing availability, professional services, and qualifying information.
No remarks that can be construed as racial or sexist.
Covers houses, apartments, condos and coops, rental mobile homes, boarding houses and dorms, vacant land intended for residential use
Owners choosing to discriminate cannot use property manager who is licensed as a broker.
The Federal Fair Housing Act of 1968
Discriminatory Practices
Following actions based on race, color, national origin, religion, sex, familial status, or disability prohibited in sale and rental of housing:
Refuse to rent or sell housing;
Refuse to negotiate for housing;
Make housing unavailable;
Deny a dwelling;
Set different terms, conditions or privileges for sale or rental of a dwelling
Provide different housing services or facilities;
Falsely deny that housing is available for inspection, sale, or rental;
For profit, persuade owners to sell or rent (blockbusting); or
Deny anyone access to or membership in a facility or service (such as a multiple listing service) related to the sale or rental of housing.
This Law;
Provides equal opportunity for education, employment, access to public conveniences and accommodations, and acquisition through purchase or rental of housing
Eliminates segregation or separation based solely on race, religion, color, sex, disability, national origin or ancestry, familial status, sexual orientation, and military service veteran status
Prohibits any person, for profit, to induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, religion, color, sex, disability, national origin, or ancestry
Prohibits based on disability refusal to sell, rent, or negotiate housing; discrimination in rental or sale terms, conditions, or privileges; making unavailable or denying housing; advertising that indicates preference in sale or rental; blockbusting; or denying access to real estate association
Includes drug addiction and alcoholism for individuals protected from discrimination
Housing accommodations – real or part of real property used as residence or sleeping place of at least 1 person; not hotels, lodging places, or other public accommodations of transient nature
ICRC sending out testers to survey rental housing for causes of discrimination
Indiana Civil Rights Law
This Law;
illegal to discriminate in the provision of housing and housing-related transactions based on race, color, sex, disability, religion, national origin, or familial status
Indiana Fair Housing Act
Uniform Residential Landlord and Tenant Act
equalize and standardize rights of landlord and tenant; protect tenants from unethical practices; prevent unfair, complex leases and their enforceability
prompted legislation at the state level that empowered the courts to nullify residential leases that violated URLTA guidelines
addresses the lease contract, deposits and advances, obligations of landlord and tenant, the landlord's rights of access, and standards for eviction
transient occupancies, proprietary leases in coops, occupancy in contract for deed residence exempt
requires managers to ensure that disabled employees and members of the public have the same level of access to facilities as is provided for those who are not disabled
public accommodation is a private entity that owns, operates, leases, or leases to, a place of public accommodation
recognizes that service animals are necessary for the individuals with disabilities who have them, and so does not categorize service animals as pets, so service animals cannot be subjected to pet rules applied by housing providers
Americans with Disabilities Act
Escrow Regulations
property management escrow account is for the purpose of handling current rents, paying rents and commissions, and other third party deposits
security deposits must be kept in escrow account other than property manager account
managers' account for security deposits must be non-interest bearing unless more than 25 units
Advertising Laws
Federal Fair Housing Act prohibits discriminatory advertising
Publishers and advertisers held liable for discrimination
True
HUD Advertising Guidelines
No discriminatory advertising based on race, color, national origin, religion, sex, handicap, familial status
Equal Credit Opportunity Act
applies to how property managers evaluate potential____
managers must be consistent in evaluating the creditworthiness of applicants
tenants
Indiana Real Estate License Laws
If a property manager is going to lease, rent, manage, list, or negotiate or offer to perform any of those acts, he or she will need a__________
License not needed if manager is supervised or employed by licensed_____
real estate license.
broker
One of the aims of the Uniform Residential Landlord and Tenant Act is to
control rental rates.
simplify leases.
diminish landlord control over residential tenants.
aid low-income renters.
simplify leases.
What does the Indiana Civil Rights Law NOT require a person who is renting or leasing to do?
Rent or lease to anyone the person does not want to rent or lease to
Modify the property specifically to accommodate a person with a disability
Rent or lease to families with children under 18 years of age
Negotiate
Modify the property specifically to accommodate a person with a disability
The Federal Fair Housing Act of 1968 did not make it illegal to discriminate in which of the following?
The sale of housing
The inheritance of property
The financing of housing
The providing of real estate brokerage services
The inheritance of property
The escrow account maintained by the property manager must be in a non-interest-bearing account
without exception.
unless the property is residential with 15 or more units.
unless the property is residential with 25 or more units or local ordinance requires payment of interest.
unless the property is industrial.
unless the property is residential with 25 or more units or local ordinance requires payment of interest.
Security deposits must be deposited in the escrow account
within 6 hours after the lease is signed.
within 24 hours after the lease is signed.
by the next business day after a lease is signed.
by the end of the third business day after the lease is signed.
by the next business day after a lease is signed.
The Indiana Civil Rights Law does not cover
resorts.
single family homes.
apartments.
none of the above.
Resorts
In 1962, the President issued Executive Order 11063 to prevent
undue rent hikes.
discrimination in residential properties financed by FHA and VA loans.
landlords from entering properties without a 48-hour notice.
discrimination in housing based on familial status.
discrimination in residential properties financed by FHA and VA loans.
Title I of the ADA prohibits discrimination in what type of practices?
Renting and leasing
Real estate sales
Employment
Education
Employment
Under the ADA, which of the following would NOT be considered a “place of public accommodation?”
Restaurants
Hotels
Churches
Doctors' offices
Churches
Which law prohibits discrimination in housing based on race as it related to selling, renting, inheriting, and conveying real estate?
Fair Housing Act
Executive Order 11065
URLTA
Civil Rights Act of 1866
Civil Rights Act of 1866
The Indiana Fair Housing Act does not make it illegal to discriminate against
disabilities which are covered under the ADA.
religion.
familial status.
military service status.
military service status.
It generally does fall to the ______________ to determine whether a building meets ADA requirements.
Federal government
property manager
property owner
tenant
Property manager
Which law prohibits discrimination in lending?
Escrow Regulations
ADA
Equal Credit Opportunity Act
Lending Equality Act
Equal Credit Opportunity Act
What is the testing system the Indiana Civil Rights Commission is using to discover causes of discrimination?
Representatives are posing as renters.
Representatives are surveying apartment tenants.
Representatives are surveying property managers.
Representatives are researching Fair Housing complaints.
Representatives are posing as renters.
Under URLTA, landlords are not obligated to
make repairs.
comply with building codes.
provide safety services.
clean apartments.
clean apartments.
The Indiana Fair Housing Act (IFHA) does not make it illegal to discriminate in the provision of housing and housing-related transactions based on race, color, sex, disability, religion, national origin, or familial status in
property inspections.
property appraisals.
property insurance provisions.
property rental.
property inspections.
Which of the following is permissible as part of a property advertisement under HUD’s Fair Housing guidelines?
“Great family home”
“Wonderful ethnic neighborhood”
“Large master bedroom with bath”
“No children or pets”
“Large master bedroom with bath”
URLTA is a model law for states to regulate
leasing and management practices of landlords with residential properties.
leasing and management practices of landlords with commercial properties.
allowable tenant behaviors.
discrimination in housing practices.
leasing and management practices of landlords with residential properties.
All security deposits held by a broker must be maintained, intact, in an escrow account other than the property management accounts
without exception.
unless the owners have agreed otherwise in writing.
unless the broker has decided otherwise with good cause.
unless it’s in the city of Indianapolis, where the regulations do not require this type of escrow account.
unless the owners have agreed otherwise in writing.
Define capitalism.
Capitalism is a social and economic system where capital assets are mainly owned and controlled by private individuals, where labor is purchased by wages, and capital gains go to private owners.
