CRM Legal & Ethical Considerations 2 — Questions and Answers
Question 1: Under the Fair Housing Act, which of the following is NOT a protected class at the federal level?
- Race
- Source of income (Correct answer)
- National origin
- Familial status
Correct answer: Source of income
Source of income is not a federally protected class under the Fair Housing Act, though some states and localities have added it.
Question 2: A prospective tenant requests a reasonable accommodation to keep an emotional support animal in a no-pets building. Under the Fair Housing Act, the property manager should:
- Deny because the building policy prohibits all pets
- Charge a standard pet deposit before approving
- Evaluate the request and grant it if the disability-related need is verified (Correct answer)
- Require the animal to be certified by a licensed trainer
Correct answer: Evaluate the request and grant it if the disability-related need is verified
Managers must engage in an interactive process and grant reasonable accommodations for persons with disabilities, including ESAs, without requiring pet deposits.
Question 3: Which federal law requires residential property managers to disclose known lead-based paint hazards in housing built before 1978?
- CERCLA
- RESPA
- Title X of the Housing and Community Development Act (Correct answer)
- The Toxic Substances Control Act
Correct answer: Title X of the Housing and Community Development Act
Title X requires sellers and landlords of pre-1978 housing to disclose known lead-based paint hazards and provide the EPA pamphlet to prospective tenants.
Question 4: A property manager steers a qualified Hispanic applicant toward a predominantly Hispanic neighborhood rather than showing all available units. This practice is known as:
- Blockbusting
- Redlining
- Steering (Correct answer)
- Panic selling
Correct answer: Steering
Steering is the illegal practice of directing prospects toward or away from certain neighborhoods based on protected class characteristics.
Question 5: Under the Americans with Disabilities Act (ADA), which areas of a residential apartment complex are most directly subject to ADA accessibility requirements?
- Individual unit interiors
- Common areas and public accommodations (Correct answer)
- Private balconies and patios
- Storage units assigned to tenants
Correct answer: Common areas and public accommodations
The ADA primarily governs public accommodations and common areas of residential complexes, while the FHA covers individual dwelling unit accessibility.
Question 6: A tenant files a fair housing complaint after being denied housing. During the investigation period, the property manager retaliates by increasing the tenant's rent. This action is:
- Permissible if rent increases apply to all tenants equally
- A separate violation of the Fair Housing Act's anti-retaliation provisions (Correct answer)
- Legal because the rental rate is set by market conditions
- Permitted if the manager gives 30 days' notice
Correct answer: A separate violation of the Fair Housing Act's anti-retaliation provisions
The Fair Housing Act prohibits retaliation against any person who exercises rights under the Act, and retaliatory rent increases constitute a separate violation.
Question 7: Which HUD enforcement mechanism allows a fair housing complainant to receive damages, attorney's fees, and civil penalties WITHOUT going through federal court?
- Private right of action
- Administrative hearing before an ALJ (Correct answer)
- State court injunction
- Department of Justice referral
Correct answer: Administrative hearing before an ALJ
HUD can refer complaints to an Administrative Law Judge who can award actual damages, attorney's fees, and civil penalties through an administrative hearing.
CRM Legal & Ethical Considerations 2
Under the Fair Housing Act, which of the following is NOT a protected class at the federal level?