Chapter 16: Ethical Practices and Fair Housing
Self regulation--Code of Ethics
Pennsylvania Human Relations Act
Americans With Disabilities Act
Fair Housing and Civil Rights
Listing and showing property
Serving people with disabilities
Civil Rights Issues
Civil Rights Act of 1866--Prohibits discrimination based upon race.
Fair Housing Act of the Civil Rights Act of 1968 prohibits discrimination of protected classes
Protected Classes Include:
Familial status (including age)
I expect that sexual preference will soon be added.
Sex discrimination may be allowed in the case of single-sex dormitories or rooming houses.
Religious discrimination may be allowed in properties owned by the religious institution.
Private clubs can restrict rentals to members provided membership is not discriminatory.
Age discrimination against children allowed in multifamily units restricted for occupancy by the elderly (55+) provided that significant facilities and services are provided specifically for the elderly and that 80% of the occupants must be 55+.
Fair Housing Law Issues
Pennsylvania's Human Relations Act
Includes an additional protected category of age (40+)
Protection of guide animals
Americanís with Disabilities Act
Who is disabled?
One who has a physical or mental impairment that substantially limits one or more major life activities.
AIDS and HIV positive only
Also protected are those associating with a person with a disability
Land Use and Zoning Issues
Laws regulating group homes
Building codes that negatively impact accessibility improvements
Refusal to sell, lease, or finance property of a disabled person
Adding terms or conditions to leases or any contracts with disabled persons
Refusing to permit reasonable improvements (at expense of handicapped person)
Refusing to make reasonable accommodations
Advertising with any indicated preference related to handicap
Requiring information relating to handicap
Constructing, operating, leasing, or selling any property that is not acceptable
Sales and Leasing
Qualifying: may not inquire about handicap
Lists of accessible properties
Tenant and landlord responsibilities
Tenant restoration requirement
Property Management Issues
Plan for compliance
Other Business Issues
Construction and Development
Real estate offices
Exclusion for less than 4 employees
Selection and hiring
Business Service Accommodation