CRM Real Estate Law & Regulations 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 property manager receives an application from a tenant with a service animal. The building has a strict no-pets policy. What is the correct course of action?
- Deny the application because pets are prohibited
- Charge a pet deposit for the service animal
- Grant a reasonable accommodation and waive the no-pets policy (Correct answer)
- Require the tenant to keep the animal in a crate at all times
Correct answer: Grant a reasonable accommodation and waive the no-pets policy
Under the Fair Housing Act, landlords must grant reasonable accommodations for service and assistance animals, regardless of a no-pets policy.
Question 3: Which federal law requires residential property managers to disclose the presence of lead-based paint in homes built before 1978?
- CERCLA
- RESPA
- The Residential Lead-Based Paint Hazard Reduction Act (Correct answer)
- OSHA Act
Correct answer: The Residential Lead-Based Paint Hazard Reduction Act
The Residential Lead-Based Paint Hazard Reduction Act of 1992 (Title X) mandates disclosure of known lead-based paint hazards in pre-1978 housing.
Question 4: What does the term 'constructive eviction' mean in residential property management?
- A court-ordered removal of a tenant
- A landlord's failure to maintain habitable conditions forcing a tenant to leave (Correct answer)
- Evicting a tenant without a written notice
- Changing the locks on a rental unit
Correct answer: A landlord's failure to maintain habitable conditions forcing a tenant to leave
Constructive eviction occurs when a landlord's failure to maintain habitable conditions effectively forces the tenant to vacate the premises.
Question 5: Under the Americans with Disabilities Act (ADA), which type of residential property is most directly regulated regarding accessible design?
- Single-family rental homes
- Duplexes
- Multifamily housing with four or more units built after March 13, 1991 (Correct answer)
- Mobile home parks
Correct answer: Multifamily housing with four or more units built after March 13, 1991
The Fair Housing Act Accessibility Guidelines apply to multifamily dwellings with four or more units built for first occupancy after March 13, 1991.
Question 6: A landlord wishes to enter a tenant's unit to make repairs. Under most state laws, what is the typical required advance notice?
- 12 hours
- 24 hours (Correct answer)
- 48 hours
- 72 hours
Correct answer: 24 hours
Most states require landlords to give at least 24 hours advance written notice before entering a tenant's unit for non-emergency repairs.
Question 7: Which legal doctrine holds that a rental unit must meet basic living standards including heat, water, and structural safety?
- Doctrine of adverse possession
- Implied warranty of habitability (Correct answer)
- Covenant of quiet enjoyment
- Doctrine of laches
Correct answer: Implied warranty of habitability
The implied warranty of habitability requires landlords to maintain rental units in a livable condition meeting basic health and safety standards.
Under the Fair Housing Act, which of the following is NOT a protected class at the federal level?