3 questions

Fair Housing, ADA & RESPA

Which characteristics are protected against discrimination in the sale or rental of a dwelling under A.R.S. 41-1491.14?

  • a.Race, color, religion, sex, familial status and national origin✓
  • b.Race, color, religion, sex, source of income and student status
  • c.Race, color, religion, age, marital status and occupation
  • d.Race, color, creed, income level, sex and political affiliation

A.R.S. 41-1491.14(A) makes it unlawful to refuse to sell or rent after a bona fide offer, to refuse to negotiate, or otherwise to make a dwelling unavailable to any person 'because of race, color, religion, sex, familial status or national origin.' Disability is addressed separately, at A.R.S. 41-1491.19, which also covers reasonable modifications and accommodations. Age, marital status, income and occupation are not protected characteristics in this section.

Fair Housing, ADA & RESPA

What does Section 8 of the Real Estate Settlement Procedures Act prohibit?

  • a.Paying a cooperating broker a share of the commission
  • b.Requiring the buyer to purchase an owner's title policy
  • c.Charging a borrower for a required credit report
  • d.Fees or kickbacks for referring settlement business✓

RESPA Section 8 bars giving or accepting any fee, kickback or thing of value pursuant to an agreement to refer settlement service business involving a federally related mortgage loan, and bars splitting charges other than for services actually performed. Paying for a genuine service at market value remains lawful, and a commission split between cooperating real estate brokers is expressly outside the prohibition.

Fair Housing, ADA & RESPA

What does Title III of the Americans with Disabilities Act require of an existing place of public accommodation?

  • a.A written accessibility plan filed with the local government
  • b.Accessibility only in buildings constructed after 1990
  • c.Complete reconstruction to current accessibility standards
  • d.Removal of architectural barriers where readily achievable✓

Title III requires existing places of public accommodation to remove architectural and communication barriers where removal is readily achievable, meaning easily accomplishable without much difficulty or expense. New construction and alterations face stricter design and construction standards. There is no requirement to rebuild an existing facility outright, and no federal filing of an accessibility plan is required.

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