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Federal & State Laws Pertaining to Real Estate


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Civil Rights Act of 1866
Prohibits discrimination on the basis of RACE
Case connected with prohibiting all racial discrimination in the sale of rental or real propert
Jones v. Mayer, 1968
Title VIII/Civil Rights Act of 1968/The Federal Fair Housing Act
Expanded on the Civil RIghts Act of 1866 and
Steering or channeling
directly or indirectly steering a person into or away from a neighborhood or multiunit
redlining
lending offense is the refusal by a lender to approve a mortgage loan based on a property being
Exemptions to the Civil Rights Act of 1968
1. Sale or rental of one to four family housing, when the owner
1988 Fair Housing Act
Expanded the Civil Rights Act of 1968 to include people with physical and mental impairments
Familial Status Exemptions
Housing occupied solely by persons 62 years of age or older, housing with 80% or
HUD poster
Civil Rights Act requires brokers to display HUD fair housing poster in all places of business,
ADA (American with Disabilities Act)
Passed in 1990 to provide the same employment opportunites to qualified
such changes are _______ _______
economically feasible
in meeting the Florida Fair Housing Act requirements?
$500
What is the exemption of the Florida Fair Housing Act in regards to age?
A facility or community can claim
Penalty for first offense for violating the Florida Fair Housing Act?
Up to $10,000 FIRST OFFENSE
within the previous five years
Up to $25,000
within the previous seven years
Up to $50,000
The Florida Landlord and Tenant Act
Specifies the rights and obligations of the parties to a lease
A valid lease agreement must contain:
1. Names and signatures of the lessor and lesse
To be enforceable, a lease longer than one year must be
In writing, signed by the landlord, and witnessed by two
If registered with the State of Florida but not Federal do not call list can a licensee solicit a FSBO owener?
YES
What are the three parts of The Florida Landlord and Tenant Act?
Part 1 - Regulates non-residential tenancies
advance rent as to the manner in which the landlord is holding funds and if interest is being accrued.
30
Does the landlord need to use an interest bearing account to hold funds?
NO
landlord.
75% of the interest earned, 5% simple interest
When may a landlord commingle a tenants security deposit with other business funds?
When a landlord posts a
Land Sales Registration when the project consists of how many lots or more?
100
intention of making a claim for damages?
15 days
Gross Lease
Residential-Fixed rental amount, landlord pays all expenses related to property
Net Lease
Commercial-tenant pays fixed rent plus all or a portion of operating costs
Percentage Lease
Retail-tenant pays a monthly base rent plus a percentage of the annual or monthly gross
lease option
lease that contains an option to purchase the property within a certain period of time under
sale-leaseback
seller becomes the tenant, frees equity providing 100% financing
Assignment
lessee transfers ALL of the leased space for all of the remaining time
Sublease
lessee transfer less than 100% of the space that has been leased, or makes a tranfer for a shorter
Do Not Call List is under which Dept?
Dept of Agriculture
Federal Law prohibits the use of lead-based paint subsequent to?
January 1, 1978
What is Title X?
federal Residential Lead-Based Paint Hazard Reduction Act of 1992, requires that a pamphlet
Property Tax Disclosure
Buyer should not rely on the seller's current property taxes as the amount of property taxes
Fair housing act
An act contained in title VIII of the civil rights act of 1968 that created protected
Familial status
A protected class as defined in the Fair Housing Act, consisting of one or more individuals under
Handicap status
A protected class defined in the Fair Housing Act and the Americans with Disabilities Act consisting
HUD's settlement cost booklet
a booklet containing consumer information regarding closing costs the borrower may
Property report
A disclosure document required under the federal Interstate Land Sale Full Disclosure Act.
Public accommodations
Private entities that own, lease, lease to, or operate facilities such as restaurants,