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Discover the vital real estate act that safeguards dwellings and rentals in the United States, ensuring the rights and protection of both tenants and property owners. Learn about its provisions, FAQs, and the implications it has for the real estate industry.

When it comes to renting or leasing a dwelling in the United States, it is essential to understand the legal framework that protects the rights of both tenants and landlords. The real estate act that provides this protection is crucial for maintaining a fair and secure environment for all parties involved. In this article, we will explore the real estate act that safeguards dwellings and rentals, its provisions, and its significance within the US real estate industry.

What is the Real Estate Act that Protects Dwellings and Rentals?

The real estate act that ensures the protection of dwellings and rentals in the US is commonly known as the Fair Housing Act (FHA). Enacted in 1968, the FHA is a federal law that prohibits discrimination in housing based on race, color, religion, sex, national origin, disability, and familial status. The act applies to various aspects of the rental process, including advertising, leasing, and tenant selection.

Provisions

The 1968 Act expanded on previous acts and prohibited discrimination concerning the sale, rental, and financing of housing based on race, religion, national origin, sex, (and as amended) handicap and family status. Title VIII of the Act is also known as the Fair Housing Act (of 1968).

What is the primary purpose of the Fair Housing Act?

Fair Employment and Housing Act, which includes the California Fair Housing Law (often called the “Rumford Fair Housing Act”), is the primary state law banning discrimination in housing accommodations because of race, color, religion, sex, marital status, national origin, ancestry, disability and familial status.

Which of these dwellings is exempt from the Fair Housing Act?

What Housing is Covered? The Fair Housing Act covers most housing. In some circumstances, the Act exempts owner-occupied buildings with no more than four units, single-family housing sold or rented without the use of a broker and housing operated by organizations and private clubs that limit occupancy to members.

What is the US Code for Fair Housing Act?

42 U.S. Code § 3604 - Discrimination in the sale or rental of housing and other prohibited practices | U.S. Code | US Law | LII / Legal Information Institute.

What was the Housing Act of 1946?

Steps requiring new legislation were authorized by Congress in the Emergency Housing Act, adopted May 22, 1946, substantially in the form desired by the administration. The act declared the existence of a national housing emergency and gave statutory authority to cope with it to the Housing Expediter.

Does basement count towards square footage?

Generally, appraisers and listing agents don't count a basement toward the overall square footage of a home. Most appraisers will never count a basement if it's below grade, meaning it is beneath ground level. Whether appraisers count a basement depends on where you live.

Why is basement not included in square footage?

Legal ingress or egress

In many places, whether a basement has an ingress or egress — or a way in or out of the home — determines if you can count the basement as square footage. If the space lacks legal ingress or egress, it won't be counted as part of the home's square footage.

Frequently Asked Questions

Does square footage include each floor?

Different standards for measuring square footage

For attached single-family homes, square footage equals the sum of the finished areas on each level, measured to the outside wall or from the centerlines between buildings.

What does the Federal Fair Housing Act prohibit discrimination in real estate related transactions?

VIII of the Civil Rights Act of 1968 (Fair Housing Act), as amended, prohibits discrimination in the sale, rental, and financing of dwellings, and in other housing-related transactions, because of race, color, religion, sex (including gender identity and sexual orientation), familial status, national origin, and

What is an example of a federal law in real estate?

The Fair Housing Act, which applies to residential real estate transaction, prohibits discrimination on the basis of race, color, national origin, religion, sex, familial status or disability. Federal and state usury laws prohibit lenders from charging unreasonably high interest rates or other unreasonable fees.

Who are members of a protected class?

The protected classes include: age, ancestry, color, disability, ethnicity, gender, gender identity or expression, genetic information, HIV/AIDS status, military status, national origin, pregnancy, race, religion, sex, sexual orientation, or veteran status, or any other bases under the law.

What are the most common fair housing violations?

What Is Prohibited?
  • Refuse to rent or sell housing.
  • Refuse to negotiate for housing.
  • Otherwise make housing unavailable.
  • Set different terms, conditions or privileges for sale or rental of a dwelling.
  • Provide a person different housing services or facilities.

What are the protected classes in Texas real estate?

In the Sale and Rental of Housing:

It is illegal discrimination to take any of the following actions because of race, color, religion, sex (including gender identity and sexual orientation), disability, familial status, or national origin: Refuse to rent or sell housing.

Is everyone part of a protected class?

Which employees fall under protected class categories? If you take away anything from this reading, it should be that everyone is included in at least four protected classes. We all have a race, color, sex, and a national origin. Automatically, we are all included in some sort of protected class in the workplace.

Which federal law prohibits race discrimination in the sale of a commercial real estate quizlet?

The Civil Rights Act of 1866 prohibits discrimination on the basis of race in residential and commercial real estate. The Civil Rights Act of 1866 prohibits any type of discrimination based on race in any real estate transaction (sale or rental) without exception.

Why did Congress rely on the Commerce Clause instead of the Fourteenth Amendment as a basis for the Fair Housing Act?

The Commerce Clause basis for civil rights legislation prohibiting private discrimination was important because of the understanding that Congress's power to act under the Fourteenth and Fifteenth Amendments was limited to official discrimination.

Which federal law prohibits racial discrimination in every property transaction?

One of the central objectives of the Fair Housing Act, when Congress enacted it in 1968, was to prohibit race discrimination in sales and rentals of housing.

What does the Civil Rights Act of 1866 prohibit any type of discrimination based on?

1866 prohibits discrimination in housing because of race or color. The Civil Rights Act of 1968, Title VIII, and the Fair Housing Amendments Act of 1989 prohibit discrimination in housing because of race, color, sex, religion, national origin, disability, and familial status.

What is the name of the federal act that prohibits discrimination in?

Title VII of the Civil Rights Act of 1964. Title VII of the Civil Rights Act, as amended, protects employees and job applicants from employment discrimination based on race, color, religion, sex and national origin.

What are the seven protected classes under the federal housing law?

Hear this out loudPauseThe Fair Housing Act makes it illegal to harass persons because of race, color, religion, sex (including gender identity and sexual orientation), disability, familial status, or national origin.

What are federally protected classes?

Hear this out loudPauseThe protected classes include: age, ancestry, color, disability, ethnicity, gender, gender identity or expression, genetic information, HIV/AIDS status, military status, national origin, pregnancy, race, religion, sex, sexual orientation, or veteran status, or any other bases under the law.

What classes are protected by the Georgia Fair Housing Act?

Hear this out loudPauseNo person shall be subjected to discrimination because of race, color, religion, sex, handicap, familial status, or national origin in the sale, rental, or advertising of dwellings, in the provision of brokerage services, or in the availability of residential real estate-related transactions.

Which group was added as a protected class in 1974?

Gender

Hear this out loudPauseSince its passage 50 years ago, the Act has expanded from its initial four protected classes to seven. Race, color, religion, and national origin were included in the original 1968 version. Gender was added as a protective class in 1974, and disability and familial status were included in 1988.

FAQ

Which class type is not protected under the federal Fair Housing Act?

Hear this out loudPauseRace, color, religion, sex, handicap, familial status, national origin. Although some interest groups have tried to lobby to include sexual orientation and marital status, these aren't protected classes under the federal law, but are sometimes protected by certain local state fair housing laws.

Which of the following is protected under the federal Fair Housing Act?

The seven federally protected classes are race, religion, national origin, color, familial status, sex, and disability. These classes or characteristics are protected under the federal Fair Housing Act.

Which of the following is not covered by the Fair Housing Act quizlet?
Income is not listed in the Fair Housing Act of 1968, but race, color, religion, national origin, sex, disability, and familial status are.

Which is exempt from the federal Fair Housing Act quizlet?

The Fair Housing Act exempts owner-occupied buildings with no more than four units. he statement is true. The Fair Housing Act also exempts single-family housing sold or rented without the use of a real estate licensee, as well as housing operated by organizations and private clubs that limit occupancy to members.

Which of the following are not exempt from the Fair Housing Act?

Expert-Verified Answer. The property which is not exempt of fair housing law is that there are no exemptions to the advertising provision of the Fair Housing Act.

Who is responsible for enforcing the Fair Housing Act quizlet?

The Fair Housing Act is enforced by the Department of Housing and Urban Development (HUD), through its Office of Fair Housing and Equal Opportunity. An aggrieved person may file a lawsuit in federal or state court, or he may file a complaint with HUD.

What agency enforces fair housing laws in Texas?
The Department of Justice (DOJ) and HUD are jointly responsible for enforcing the Fair Housing Act. The Texas Workforce Commission (TWC) (www.twc.state.tx.us) is the state agency in Texas responsible for enforcing the Texas Fair Housing Act, even in TDHCA monitored rental properties.

What is the federal Fair Housing Act known as?

Fair Housing Act, also called Title VIII of the Civil Rights Act of 1968, U.S. federal legislation that protects individuals and families from discrimination in the sale, rental, financing, or advertising of housing.

Which group enforces the terms of the Fair Housing Act quizlet?
The Department of Housing and Urban Development, commonly referred to as HUD, enforces the Fair Housing Act. The federal Fair Housing Act protects families who have children under 18.

Is the Department of Justice responsible for enforcing the federal fair housing laws throughout the United States?

The Department of Justice ("DOJ") and the Department of Housing and Urban Development ("HUD") are jointly responsible for enforcing the federal Fair Housing Act (1) (the "Act"), which prohibits discrimination in housing on the basis of race, color, religion, sex, national origin, familial status, and disability.

Which of the following would be covered under the federal fair housing laws?

It is illegal discrimination to take any of the following actions because of race, color, religion, sex (including gender identity and sexual orientation), disability, familial status, or national origin: Refuse to rent or sell housing.

Which type of property is exempt from the Fair Housing Act quizlet?

The Fair Housing Act exempts owner-occupied buildings with no more than four units. he statement is true. The Fair Housing Act also exempts single-family housing sold or rented without the use of a real estate licensee, as well as housing operated by organizations and private clubs that limit occupancy to members.

Which property is not covered under the Fair Housing Act quizlet?
Office buildings and business properties are not included under the Fair Housing Act of 1968.

What does it mean if a class is protected?

A protected class is a group of people sharing a common trait who are legally protected from being discriminated against on the basis of that trait. Examples of protected traits include race, gender, age, disability, and veteran status.

Which of the following is a protected class under the Fair Housing Act?

The seven federally protected classes are race, religion, national origin, color, familial status, sex, and disability. These classes or characteristics are protected under the federal Fair Housing Act.

What is not considered a protected class?

For example, groups that are not considered protected classes include: Education level. Economic class. Social membership. Illegal or undocumented aliens.

What real estate act protects dwellings and rentals

What are the 7 personal characteristics that are protected by the Fair Housing Act?

The seven federally protected classes are race, religion, national origin, color, familial status, sex, and disability. These classes or characteristics are protected under the federal Fair Housing Act. This means that every state has at least these seven protected classes.

What is not a protected class?

For example, none of the following traits are specifically federally-protected classes: Education Level. Undocumented Immigrants. Criminal Record. Political Party.

What are the 12 protected characteristics?

Protected characteristics

These are age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.

Which of the following housing is covered by the federal Fair Housing Act quizlet?

The Fair Housing Act applies to ? the sale or lease of residential property, including vacant land that will be used for the construction of residential buildings. The Fair Housing Act prohibits ? discrimination based on race, color, religion, sex, national origin, handicap, and familial status.

Which housing covered under the Fair Housing Act does not include quizlet? Office buildings and business properties are not included under the Fair Housing Act of 1968.

Which of the following does not have to comply with federal fair housing laws?

In some circumstances, the Act exempts owner-occupied buildings with no more than four units, single-family housing sold or rented without the use of a broker if the owner does not own more than three such single-family homes at one time, and housing operated by organizations and private clubs that limit occupancy to

Which of the following is not a protected class under federal housing law?

Race, color, religion, sex, handicap, familial status, national origin. Although some interest groups have tried to lobby to include sexual orientation and marital status, these aren't protected classes under the federal law, but are sometimes protected by certain local state fair housing laws.

Which of the following is not one of the protected classes from the Fair Housing Act of 1968 quizlet?

Income is not listed in the Fair Housing Act of 1968, but race, color, religion, national origin, sex, disability, and familial status are. These are important factors to remember when working with clients.

Which of the following is a protected class under the Federal housing Act?

The seven federally protected classes are race, religion, national origin, color, familial status, sex, and disability. These classes or characteristics are protected under the federal Fair Housing Act.

Which of the following is not considered a protected class?

For example, groups that are not considered protected classes include: Education level. Economic class. Social membership.

What do most apartments include?

If you are looking for an apartment that has all utilities covered, the costs are likely also included in your rent or rental statement. The most common utilities that you will find in your apartment include electricity, gas, internet/cable, water, sewage and garbage.

Is it illegal to rent a basement in New York?

Basements and cellars in residential properties of all sizes can NEVER be lawfully rented or occupied unless the conditions meet the minimum requirements for light, air, sanitation and egress, and have received approval by the Department of Buildings (DOB).

What makes a basement apartment legal in NYC?

It is not illegal to live in a basement. Basement suites which are for rent must have certain minimum requirements, such as at least one (in some places, two) exit doors, a minimum window size for bedroom egress windows, minimum ceiling height, fire resistant walls, etc. etc.

How many floors do most apartments have?

The vast majority of apartments are on one level, hence "flat". Some, however, have two storeys, joined internally by stairs, just like many houses.

Which federal law prohibits discrimination in real estate based on religion? The Fair Housing Act prohibits discrimination in housing based upon religion. This prohibition covers instances of overt discrimination against members of a particular religion as well less direct actions, such as zoning ordinances designed to limit the use of private homes as a places of worship.

What must REALTORS avoid discriminatory practices based on?

REALTORS®, in their real estate employment practices, shall not discriminate against any person or persons on the basis of race, color, religion, sex, handicap, familial status, national origin, sexual orientation, or gender identity."

  • Which law was designed to prohibit discrimination in housing?
    • Title VIII of the federal Civil Rights Act of 1968 is the primary federal law banning discrimination in housing accommodation because of race, religion, color, national origin, sex, disability, or familial status.

  • What is the realtor code of ethics discrimination?
    • REALTORS® must not use harassing speech, hate speech, epithets, or slurs based on race, color, religion, sex, handicap, familial status, national origin, sexual orientation, or gender identity.

  • Does the Fair Housing Act prohibit discrimination created by redlining?
    • Redlining on a racial basis has been held by the courts to be an illegal practice. It is unlawful under the FHAct only when done on a prohibited basis. Redlining an area on the basis of such consider ations as the fact that the area lies on a fault line or a flood plain is not prohibited.

  • Can you rent a basement in New York?
    • Basements and cellars in residential properties of all sizes can NEVER be lawfully rented or occupied unless the conditions meet the minimum requirements for light, air, sanitation and egress, and have received approval by the Department of Buildings (DOB).

  • Is it legal to live in a basement in NY?
    • It is not illegal to live in a basement. Basement suites which are for rent must have certain minimum requirements, such as at least one (in some places, two) exit doors, a minimum window size for bedroom egress windows, minimum ceiling height, fire resistant walls, etc.

  • Can you have a bedroom in a basement in NY?
    • If the bedroom is in a basement or on the top floor of a converted dwelling (such as a brownstone with multiple apartments, it must have a minimum ceiling height of 7 feet. If the bedroom has a sloped ceiling, there must be a clear ceiling height of 7 feet over at least 1/3rd of the room.

  • How much does it cost to legalize a basement in NYC?
    • Mayor Eric Adams supported the legalization of basement apartments to help make them safer. The estimated cost to bring each unit up to code ranges from $275,000 to $375,000 each.

  • What are the requirements for a basement bedroom in NY?
    • If the basement contains more than one sleeping room, egress is required for each sleeping room. An unobstructed opening with at least 5.7 square feet is necessary. The width of the clear opening has to be at least 20-inches, while the height must be 24-inches.

  • Is it legal to rent a basement in New York?
    • Basements and cellars in residential properties of all sizes can NEVER be lawfully rented or occupied unless the conditions meet the minimum requirements for light, air, sanitation and egress, and have received approval by the Department of Buildings (DOB).

  • What is it like living in a basement apartment?
    • Due to its position below the ground level, the most common problem you face in a basement apartment is the limited natural light and proper ventilation. Due to minimal sunlight, you have to rely more on artificial lighting. Proper ventilation is key to preventing mold growth and rodent activity.

  • How many illegal basement apartments are in NYC?
    • Because they are unregulated, basement and cellar apartments are difficult to track and count. However, a 2021 BASE analysis estimated there are more than 30,000 such units across eight community districts in Brooklyn, Queens and Manhattan, all of which are majority nonwhite and rent-burdened.

  • What are the downsides of living in a basement?
    • Mold: Mold can develop in damp areas that lack adequate ventilation, such as what can be found in some basement apartments. Radon: The presence of radon gas has been proven to increase the risk of lung cancer. An airtight basement apartment that lacks sufficient ventilation can increase the risk of radon exposure.

  • How do I make my basement apartment legal in NJ?
    • Hear this out loudPauseHow To Legalize A Basement Apartment In New Jersey? Landlords who convert a garage, basement, or other space into an apartment must first get approval from the city or county. Therefore, regardless of whether a bedroom or a kitchen is offered in a basement, this space has to be habitable.

  • Can basement be rented in NYC?
    • Hear this out loudPauseBasements and cellars in residential properties of all sizes can NEVER be lawfully rented or occupied unless the conditions meet the minimum requirements for light, air, sanitation and egress, and have received approval by the Department of Buildings (DOB).

  • Can you rent a basement in Georgia?
    • Hear this out loudPauseThere is good legal precedent in Georgia for the position that a "residential purposes" clause in the HOA Covenants does not bar renting out one room in a house. You are still primarily using the home for your residential purposes and renting the basement is incidental.

  • Is it healthy to live in a basement apartment?
    • Hear this out loudPauseIf the basement is well-ventilated and has plenty of natural light, then it can be just as healthy as any other living space. However, if the basement is damp and dark, then it may not be the best place to live long-term.

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