Chapter 16: Ethical Practices and Fair Housing

*   Self regulation--Code of Ethics

*   Legislation

*   Fair Housing

*   Pennsylvania Human Relations Act

*   Americans With Disabilities Act

Fair Housing and Civil Rights

*   Advertising

*   Complaints

*   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:

*   Race

*   Color

*   Sex

*   Handicap

*   Religion

*   Familial status (including age)

*   National origin

*   I expect that sexual preference will soon be added.

Exemptions:

*   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

*   Blockbusting

*   Steering

*   Redlining

Pennsylvania's Human Relations Act

*   Includes an additional protected category of age (40+)

*   Protection of guide animals

Americanís with Disabilities Act

*   Protected classes

*   Zoning issues

*   Prohibited activities

Who is disabled?

*   One who has a physical or mental impairment that substantially limits one or more major life activities.

*   Includes:

*   AIDS and HIV positive only

*   Emotionally disturbed

*   Recovering addicts

*   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

*   Parking

Prohibited Activities

*   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

*   Audit

*   Plan for compliance

Other Business Issues

*   Construction and Development

*   Appraising

*   Financing

*   Real estate offices

*   Conventions, meetings

Employment Issues

*   Exclusion for less than 4 employees

*   Job descriptions

*   Selection and hiring

*   Termination

*   Reasonable accommodation

Business Service Accommodation

*   Hearing

*   TTD

*   Interpreting

*   Vision

*   Braille

*   Electronic voice

*   Color blindness

Physical impairments