Fair Housing | Florida Real Estate Agent

background

The Fair Housing Act (FHA) (Title VIII of the Civil Rights Act of 1968) prohibits discrimination on the basis of race, color, national origin, religion, and sex in the sale, rental, financing, and other housing-related transactions of housing. It is prohibited. , family situation (including children under 18 living with parents or legal guardians, pregnant women, and people securing custody of children under 18), and disability.

The Florida Civil Rights Act of 1992 “guarantees all individuals within the state to be free from discrimination because of race, color, religion, sex, national origin, age, disability, or marital status.” (Florida Statutes, 2013 Section 760.01(2)). The FHA has been recognized by courts across the United States as “individuals, corporations, organizations, and others involved in the provision of housing and housing financing, including property owners, housing managers, homeowner and condominium associations, lenders, real estate agents, and brokerage services.'' “Organizations”. ” (sauce)

Agents should also check local/county ordinances to see if they may include further protected classes.

Equal Opportunity Slogan/Logo

Under the Fair Housing Act, in particular Require the use of an equal opportunity slogan or logo. but, you aresare doing Our slogan and logo represent our commitment to fair housing.Use of slogans and logos in advertising May help reduce perceptionDiscrimination is shown.

55+ community

The Fair Housing Act prohibits discrimination against protected classes, including families with children under 18, but federal guidelines allow for an exemption for communities designed for seniors. Among other things, the community board must certify that at least one resident in at least 80 percent of the units or properties is over the age of 55. (Florida Statutes Section 760.29(4)(a))

This means that even in a 55+ community, up to 20 percent of the properties may be occupied by people under the age of 55 or families with young children. A 55+ community may qualify for an exemption from the Fair Housing Act if the association board can demonstrate that:

• At least one resident of at least 80% of the unit or property is 55 years of age or older.
• The community describes itself in marketing and management documents as “housing for seniors.”
• The board submitted the necessary documentation for the exemption for those 55 and older.

The Florida Human Relations Commission Created be searchable 55 registrations-plus community is in a state.

tester

Recently, there has been a spate of lawsuits filed against real estate agents by “Testers,” a group of people who call real estate agents just to see if they violate the Fair Housing Act. . Tester is not affiliated with any real estate agent and has no interest in purchasing or renting any of the properties listed. The court found that these testers were injured and had standing to sue, as shown in the following examples.

Havens Realty Corp et al. v. Coleman et al. (455 US 363 (1982), the court found that Tester had standing to sue, a trend that appears to be increasing.) and referral services, resulting in decreased medical costs.'' The court read Section 804(d) of the FHA, which requires Congress to provide “every person'' with access to affordable housing.'' Specifically, the court reasoned, “Article 804 conferred a legal right to truthful information about the housing that the tenant suffered.'' The subject of an unlawful misrepresentation under section (d) is entitled to maintain a claim for damages under the provisions of the Act because he has been harmed in the very manner that the Act sought to protect. The court further held that the facts showed that the tester fully expected to receive false information and may have been contacted with no intention of purchasing or renting a home. This does not negate the mere fact that the injury occurred.

Real estate agents must be aware and understand the FHA in addition to the Florida Civil Rights Act to avoid facing lawsuits.