3 DRE Approved Credit Hours

3 DRE Approved Credit Hours

Updated: June 5, 2018; Links: June 5, 2018; Last Change: September 27, 2020

Copyright? 2018

45HoursOnline holds the copyright to this book, Fair Housing. As its copyright holder, we authorize its use for our customers only. By "customer," we mean anyone who has paid for a course or package of courses that includes this book. Customers may download, copy, and print this book but only for their individual use. Customers may not distribute this book in any form without our written permission.

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DRE Disclaimer

This course is approved for continuing education credit by the California Department of Real Estate; however, this approval does not constitute an endorsement of the views or opinions which are expressed by the course sponsor, instructors, authors, or lecturers.

DRE Course and Instructor Evaluation

A course and instructor evaluation are available on the California Department of Real Estate (DRE) website at DRE.. Access this form by typing in "RE 318A" in the search box located in the upper right corner of the home page.

This is a "margin note" for images, links, and short comments.

PREFACE:

To save space we use the following abbreviations and terms:

BPC BPC DRE CAR? CC CR DOJ FHA FHA HUD

NAR?

The Business and Professional Code of California. Business and Professions Code California Department of Real Estate California Association of REALTORS? The Civil Code of California Commissioner's Regulations United States Department of Justice Federal Housing Administration or Federal Fair Housing Act United States Department of Housing and Urban Development National Association of REALTORS?

You can find all California codes at leginfo.calaw.html. Unless otherwise stated, all legal cases are from California. In citing cases, we specify only the names of the litigants and the year of the decision.

The forms cited in this course are from CAR?.

We use these typographic conventions:

We use margin notes L to provide definitions and short footnotes.

Supplemental text is delimited in one of two ways: (1) When the text is lengthy, it is enclosed in a dashed, light-green box (as you see here); otherwise, (2) curly braces are used {as you see here} in line with the text. Supplemental text is considered part of this course.

Paragraphs set against a light-gray background (as you see here) are sidebars. Sidebars are explanatory notes and parenthetical content. The information contained within sidebars is not considered part of the course.

Opinions of and personal asides by the Editor, Chuck Milbourne, are set against a yellow background (as you see here). Feel free to skip these.

For consistency and economy, the Editor has changed all references to sections of the California Civil Code to "CC ?"; to the California Business and Professions Code to "BPC ?"; and to the Department of Real Estate Commissioner's Regulations to "CR ?". The symbol `?' may be read as "section" and the symbol `??' as "sections." "Et al," as in "CC ?2780 et al," may be read as "all the sub-sections that follow."

The pronouns "he" and "himself," when used in a general sense, refer to people of all genders.

Fair Housing, 2018 Edition

TABLE OF CONTENTS

1 Introduction

1.1 Overview

1.2 Terminology

1.3 Laws

1.4 Protected Classes

1.5 Federal vs. State Law

2 Fair Housing

2.1 Enforcement

2.1.1

Private Suits

2.2 Forms of Discrimination

2.2.1 2.2.2 2.2.2.1 2.2.2.2 2.2.2.3 2.2.3 2.2.3.1 2.2.3.2

Traditional Concept of Neighborhood Overt Discrimination

Racial Zoning Discriminatory Restrictive Covenants Blockbusting Covert Discrimination Steering Discrimination via Agency

2.3 Federal Laws

2.3.1 2.3.2 2.3.3 2.3.3.1 2.3.3.2 2.3.3.3 2.3.4

Overview Civil Rights Act of 1866 Fair Housing Act

Purpose Reasonable Accommodation Exemptions Americans with Disabilities Act

2.4 California Laws

2.4.1 2.4.2 2.4.3 2.4.4 2.4.5

3

Unruh Civil Rights Act Disabled Persons Act Fair Employment and Housing Act DRE Regulations AIDS Disclosure Exception

Fair Lending

3.1 Overview

3.1.1 3.1.1.1 3.1.1.2 3.1.1.3

Discriminatory Lending Practices Redlining Steering to Subprime Predatory Lending

3.2 Federal

3.2.1 3.2.1.1

Equal Credit Opportunity Act (ECOA) Purpose

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