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Fair Housing for All
TheAgentTrainer.com | @MattRathbun
Matthew Rathbun
ABR, ABRM, AHWD, CDPE, CRB, CRS, ePRO, GREEN, GRI,...
TheAgentTrainer.com
@MattRathbun
Husband and Father
Broker
Thinks He’s Funnier Than He Is…
He’s Been Around
Disrupter
History of Civil Rights
1866AD
Ownership by Race
1968AD
Civil Rights Act
1972AD
Gender Added
1988AD
Disability &
Familial ...
Declaration of Independence
“We hold these truths to be self-evident, that all
men are created equal, that they are endowe...
“All citizens of the United States shall have the same right
to every state and territory as is enjoyed by white citizens
...
Discriminate Discrimination
To distinguish or
differentiate
Treat differently of the
basis of something
other than merit.VS
Be Like a Panda
What Applies?
Sales | Rentals
Appraisals
MLSMortgages
Insurance Ads | Marketing
Allowable Discrimination
Work History Criminal History Credit History
Rental History Source of Funds
Use Caution
Exceptions
Commercial Owner < 4 Units Religious Groups Elderly Housing
RE Agents Are Never Exempt
Federally
PROTECTED CLASSES
Race
Disability
Familial
National Origin
Color
Gender
Religion
Virginia
PROTECTED CLASSES
Elderliness
Hoarding
Realtor
PROTECTED CLASSES
Sexual
Orientation
Types of Violations
Steering
Blockbusting
Redlining
Fair Housing Posters
Fair Housing Posters are required to
be posted in a predominate
location in your Real Estate office.
...
Relevance
Just Because All Of The Google
Images For Fair Housing Are In
Black and White, Does Not Mean
That It’s Not A Culturally Re...
2008 “H.O.M.E” Audit
• 97% had from 1-8 potentional accessibility
violations
• 66% of African American testers had less
fa...
Recent Marketing Postcard
Common Risk Issues
Linguistic Profiling
Studies show that we can identify
someone’s race 70% of the time by
listening to them speak…
• Return...
Disability
Any physical or mental impairment
that substantially limits one or more
major life activities…
• Impairment mus...
Reasonable Accommodations
“It’s unlawful to refuse to make a
reasonable accommodation in the
rules, policies, practices or...
Reasonable Modifications
It’s unlawful to refuse to permit, at
the expense of the handicapped
person, reasonable modificat...
Service and
Companion Pets
When Can Pets Be Denied?
• Not a service pet or comfort pet
• Poses direct threat to health or safety
• Results in substan...
Familial Status
Keating Memo - 2 Persons Per Bedroom
Location Restrictions
“No Child” Policies
“Familial” deals with child...
Case
Studies
Comm. of Virginia vs Rufus Matthews
The Advocate - Virginia
HUD vs Banai
Mr. and Mrs. Banai hired a rental specialist at
Manhatten Group Real Estate, Inc in Florida.
When agent prese...
HUD vs Banai
• HUD Judge ordered Banais to pay
$70,000 in damages to the
complainants and $10,000 in civil
penalties to HU...
Manassas “Family Rule”
Zoning Ordinance adopted in December
2005, by the city of Manassas redefines
family, essentially re...
Karl Harris - Virginia Tech
Harris and three other students rode on an elevator in
the early morning hours of Nov. 13 with...
Record and Policy Keeping
Brokers Should…
• Establish Written Policy
• Provide Policy to Agents
• Notify Residents of Policy
• Respond to complaints...
When Broker Receives Complaint
• Investigate and take prompt action
• Keep excellent records of all actions
• Discipline O...
The Cold Within
Six humans trapped by happenstance
In black and bitter cold
Each one possessed a stick of wood,
Or so the ...
The Cold Within
The next man looking ‘cross the way
Saw one not of his church,
And couldn’t bring himself to give
The fire...
The Cold Within
The rich man just sat back and thought
Of the wealth he had in store,
And how to keep what he had earned
F...
The Cold Within
And the last man of this forlorn group
Did naught except for gain.
Giving only to those who gave
Was how h...
Facebook.com/mattrathbun
@mattrathbun
matthew@cbeva.com
YouTube.com/MattRathbun1
ThankYou
Virginia Fair housing 2015
Virginia Fair housing 2015
Virginia Fair housing 2015
Virginia Fair housing 2015
Virginia Fair housing 2015
Virginia Fair housing 2015
Virginia Fair housing 2015
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Virginia Fair housing 2015

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Matthew Rathbun's real estate fair housing presentation for realtors in Virginia. Covers 2 hour CE, PLE requirement.

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Virginia Fair housing 2015

  1. 1. Fair Housing for All TheAgentTrainer.com | @MattRathbun Matthew Rathbun ABR, ABRM, AHWD, CDPE, CRB, CRS, ePRO, GREEN, GRI, SRES, SFR, SRS
  2. 2. TheAgentTrainer.com @MattRathbun Husband and Father Broker Thinks He’s Funnier Than He Is… He’s Been Around Disrupter
  3. 3. History of Civil Rights 1866AD Ownership by Race 1968AD Civil Rights Act 1972AD Gender Added 1988AD Disability & Familial Status 2010AD Gender Preference [NAR]
  4. 4. Declaration of Independence “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are Life, Liberty, and the pursuit of Happiness.”
  5. 5. “All citizens of the United States shall have the same right to every state and territory as is enjoyed by white citizens therefor to inherit, purchase, lease, sell, hold and convey real and personal property” Title VIII | Civil Rights Act - 1866
  6. 6. Discriminate Discrimination To distinguish or differentiate Treat differently of the basis of something other than merit.VS
  7. 7. Be Like a Panda
  8. 8. What Applies? Sales | Rentals Appraisals MLSMortgages Insurance Ads | Marketing
  9. 9. Allowable Discrimination Work History Criminal History Credit History Rental History Source of Funds Use Caution
  10. 10. Exceptions Commercial Owner < 4 Units Religious Groups Elderly Housing
  11. 11. RE Agents Are Never Exempt
  12. 12. Federally PROTECTED CLASSES
  13. 13. Race
  14. 14. Disability
  15. 15. Familial
  16. 16. National Origin
  17. 17. Color
  18. 18. Gender
  19. 19. Religion
  20. 20. Virginia PROTECTED CLASSES
  21. 21. Elderliness
  22. 22. Hoarding
  23. 23. Realtor PROTECTED CLASSES
  24. 24. Sexual Orientation
  25. 25. Types of Violations Steering Blockbusting Redlining
  26. 26. Fair Housing Posters Fair Housing Posters are required to be posted in a predominate location in your Real Estate office. [Reg 2.5.E] • Logo is NOT required in your marketing • You are NOT required to have both English and Spanish available
  27. 27. Relevance
  28. 28. Just Because All Of The Google Images For Fair Housing Are In Black and White, Does Not Mean That It’s Not A Culturally Relevant Issue Today.
  29. 29. 2008 “H.O.M.E” Audit • 97% had from 1-8 potentional accessibility violations • 66% of African American testers had less favorable treatments than whites • 15% of families were discouraged • 20% of disabled were discouraged • 15% accepted Section VIII
  30. 30. Recent Marketing Postcard
  31. 31. Common Risk Issues
  32. 32. Linguistic Profiling Studies show that we can identify someone’s race 70% of the time by listening to them speak… • Return every call • Treat every consumer the same • Use the same approach in dealing with everyone • Do self-testing
  33. 33. Disability Any physical or mental impairment that substantially limits one or more major life activities… • Impairment must be obvious -or- documented • 55 - 60 million people are considered disabled
  34. 34. Reasonable Accommodations “It’s unlawful to refuse to make a reasonable accommodation in the rules, policies, practices or services, when such accommodation may be necessary to afford a handicapped person equal opportunity to use and enjoyment his/her dwelling.”
  35. 35. Reasonable Modifications It’s unlawful to refuse to permit, at the expense of the handicapped person, reasonable modifications of the existing premises if such modifications may be necessary to afford the handicapped person full enjoyment of the premises.
  36. 36. Service and Companion Pets
  37. 37. When Can Pets Be Denied? • Not a service pet or comfort pet • Poses direct threat to health or safety • Results in substantial damage • Poses undue financial or admin burden • Fundamentally alter Providers Use Additional Deposits May Not Be Charged
  38. 38. Familial Status Keating Memo - 2 Persons Per Bedroom Location Restrictions “No Child” Policies “Familial” deals with children, not marriage
  39. 39. Case Studies
  40. 40. Comm. of Virginia vs Rufus Matthews
  41. 41. The Advocate - Virginia
  42. 42. HUD vs Banai Mr. and Mrs. Banai hired a rental specialist at Manhatten Group Real Estate, Inc in Florida. When agent presented lease-offer to the Banai’s, they asked if the couple was black. When the rental specialist confirmed that they were, the Banai’s declined to rent the property. Agent informed tenants and her broker who terminated the agreement & counseled the agent. The tenants filed a complaint....
  43. 43. HUD vs Banai • HUD Judge ordered Banais to pay $70,000 in damages to the complainants and $10,000 in civil penalties to HUD. • Agent was ordered to pay $150 in civil fines and attend a Fair Housing class. • No penalty imposed on the Broker
  44. 44. Manassas “Family Rule” Zoning Ordinance adopted in December 2005, by the city of Manassas redefines family, essentially restricting households to immediate relatives, even when the total is below the occupancy limit. Overturned 2005
  45. 45. Karl Harris - Virginia Tech Harris and three other students rode on an elevator in the early morning hours of Nov. 13 with a female Tech student whose parents are from Bangladesh. The men harassed her for more than half an hour, standing in her way when she tried to use the residence hall bathroom and knocking on her door, About 3:30 a.m., Harris wrote the message on a dry erase board on her door and signed it, the statement said: “You deserve to be lynched. - Love, Karl”
  46. 46. Record and Policy Keeping
  47. 47. Brokers Should… • Establish Written Policy • Provide Policy to Agents • Notify Residents of Policy • Respond to complaints quickly
  48. 48. When Broker Receives Complaint • Investigate and take prompt action • Keep excellent records of all actions • Discipline Offenders
  49. 49. The Cold Within Six humans trapped by happenstance In black and bitter cold Each one possessed a stick of wood, Or so the story’s told. Their dying fire in need of logs, The first woman held hers back For on the faces ‘round the fire She noticed one was black
  50. 50. The Cold Within The next man looking ‘cross the way Saw one not of his church, And couldn’t bring himself to give The fire his stick of wood. The third one sat in tattered clothes He gave his coat a hitch Why should his log be put to use To warm the idle rich?
  51. 51. The Cold Within The rich man just sat back and thought Of the wealth he had in store, And how to keep what he had earned From the lazy, shiftless poor The black man’s face bespoke revenge As the fire passed from his sight. For all he saw in his stick of wood Was a chance to spite the white.
  52. 52. The Cold Within And the last man of this forlorn group Did naught except for gain. Giving only to those who gave Was how he played the game. The logs held tight in death’s still hands Was proof of human sin. They didn’t die from the cold without, They died form the cold within. Author unknown
  53. 53. Facebook.com/mattrathbun @mattrathbun matthew@cbeva.com YouTube.com/MattRathbun1 ThankYou

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