Anglia Ruskin University, Cambridge and Chelmsford Real Estate Response

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Please respond to Meghan with 150 words

BRE-110, California Real Estate Law

Megan

9/30/2022

Huber and Tyler

Chapters # 13 & 14

Overview

Land use controls are the focus of Chapter 13. The government creates and enforce laws that are public and private restrictions on land use. Public restrictions include zoning regulations, building codes, subdivision laws, and environmental controls. Private restrictions include restrictive covenants, conditions, and private building standard codes. I will be covering the concept of building codes from Chapter 13. Civil rights and fair housing laws are the central points of Chapter 14. Anti-discrimination laws that influence real estate relationships are explored in this chapter. The Civil Rights Act of 1866, the Unruh Civil Rights Act, federal fair housing laws, fair lending laws, California Fair Employment and Housing Act, Housing Financial Discrimination Act, and examples of discrimination are presented in this chapter. I will be discussing the Federal Fair Housing Act and the Fair Lending Laws.

Key Concept #1 – Chapter 13

In general, building codes are building construction standards that are created to protect the public (Huber & Tyler, 2019, pp. 476-477). I learned that these construction standards require certain methods and materials to use when building. Building codes include fire codes, electrical codes, and plumbing codes which require permits. New construction requires builders to submit plans and be approved by the local building department followed by inspections which must pass to continue construction. Once construction is complete and passes final inspection, a certificate of occupancy is issued. These building codes protect the health and safety of occupying citizens.

Key Concept #2 – Chapter 14

In Chapter 14, I learned that the Federal Fair Housing Act is section VIII of the Civil Rights Act of 1968 (Huber & Tyler, 2019, pp. 499-504). The Federal Fair Housing Act forbids discrimination in the housing market. In the transaction or lease of a residential property, along with other housing services such as lending and advertising, discrimination related to race, color, sex, sexual orientation, religion, national origin, familial status, and/or disability is illegal ab unethical. This act protects consumers from steering (directing consumers to a certain neighborhood based on their race, religion, and/or nation origin), blockbusting (advising homeowners to sell because a certain minority is moving into the neighborhood), and redlining (lenders refusing to approve loans for properties in certain neighborhoods). The law requires a fair housing poster to be displayed in advertising ads. Discrimination laws in the housing market are enforced by the Department of Housing and Urban Development (HUD) and any complaints can be filed with the Office of Fair Housing and Equal Opportunity (FHEO) of HUD. Someone with a complaint can also file a lawsuit in court against the potential offender and contact the California Department of Fair Employment and Housing. Some situations are exempt, such as religious organizations or private clubs that have a preference for their joining members but cannot restrict members based on race, color, or national origin. Another exemption includes senior housing areas that require occupants to be of a certain age, such as a 55 or older housing area.

Key Concept #3 – Chapter 14

In Chapter 14, I learned that there are several fair lending laws, including the Fair Housing Act, the Equal Credit Opportunity Act, and the Home Mortgage Disclosure Act (Huber & Tyler, 2019, pp. 504-505). The Fair Housing Act protects mortgage loan consumers from discrimination related to race, color, sex, religion, national origin, and familial status. The Equal Credit Opportunity Act (ECOA) prevents financial institutions from discriminating against credit consumers based on race, color, sex, age, religion, national origin, and familial status. The Home Mortgage Disclosure Act requires annual analysis reports from lenders to check for illegally redlining and confirms if lenders are serving the housing needs of their communities.

Summary

In summary, land use controls are necessary and building codes, zoning regulations, and environmental controls protect the health, safety, and welfare of the public. Fair housing laws fight against discrimination in the real estate industry and anyone who violates these laws can be held accountable for their conduct. Fair lending laws ban discrimination in housing financing institutions and protect credit consumers against the illegal practice of redlining. These chapters were interesting, especially Chapter 14, as I enjoyed learning about the cases that fought against discrimination and made the fair housing laws what they are today.

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