Exam 19: Constitutional Issues in Real Estate

Which of the following advertisements for an apartment would violate the Fair Housing Act?

The Fair Housing Act does not apply to landlords.

Christian Dalbert, a real estate broker, went from door-to-door in a Cleveland neighborhood and knocked on doors to explain that immigrants were moving into the area and that they "always bring bedbugs with them, and you cannot get rid of bedbugs unless you get rid of all your furniture and clothes." Most of those residing in the neighborhood listed their homes with Dalbert and left the area. The area became populated with immigrants from various countries. What if the area was diverse prior to Christian's efforts and remained diverse after the homes were sold?

Prohibiting construction in wetlands is constitutionally exempt.

The city of Norwood, Ohio, has an area that is somewhat commercial and somewhat residential. The area is an older area and the city of Norwood had developed a plan to revitalize the area. A private developer went in and purchased many of the small businesses, but one small business owner refused to sell. The city began eminent domain proceedings to take the property. The small business owner says that the city is taking away his property just to give it to another business that the city likes better. What if the state had passed a statute that prohibited the taking of property by local governments for purposes of substituting a different business in an area?

Annexation of areas into a city or town:

Meridian Insurance Company does not write insurance policies in the Bedford borough area. "There have been too many claims from that area and we just cannot afford to write policies there." Meridian:

Just compensation is compensation for the government's gain.

The Fair Housing Act:

A broker who discourages minority buyers by temporarily removing houses from the market in certain areas has engaged in:

Temporarily withdrawing a home from the market to prevent its purchase is a method of steering.

Requiring a landowner to provide a public right-of-way across her land is:

States cannot pass laws that supersede the Kelo case.

Fifth Fourth Bank has different loan terms for borrowers, depending upon the location of their property to be mortgaged. For example, in high crime areas, Fifth Fourth Bank requires a higher down payment as well as a higher interest rate. Fifth Fourth Bank:

The Affirmatively Furthering Fair Housing Rule has been promulgated by HUD and is in effect.

The following language is part of a deed, "To A so long as no Germans are permitted to live on the property." Such a restriction:

The following language in a deed: "To my daughter so long as she does not permit non-Caucasian tenants to reside therein."

Age restrictions are valid when alternative housing is available.

The Fair Housing Act requires proof of intentional discrimination or disparate treatment for a violation to be found.

Which of the following involves designation of certain geographic areas as high risk?