Exam 19: Constitutional Issues in Real Estate

The Fair Housing Act applies to insurers.

Requiring a landowner to provide a public right-of-way across her land in exchange for a building permit to construct her home on the property is:

Which of the following does not require due process to be valid?

Jane and Greg Portabello own property along the coast. They want to build a larger home. They have been denied a permit unless they create a path through their property to the beach.

Low Income Housing Tax Credits:

​The Judds purchased a home in a subdivision in Arizona that was designated as one for those age "55 and over." The restrictions on the subdivision also provide that only children over the age of 18 can reside with their parents. The Judds' daughter was recently divorced and has asked to live with them for a few months until she is financially stable again. The Judds' 12-year-old granddaughter will also be moving in. Can the neighbors obtain a court order to require the daughter and granddaughter to move out? Riley v. Stoves, 526 P.2d 749 (Ariz. 1974)

What enforcement tools are not available under the Fair Housing Act?

A city ordinance prohibits same-gender couples from residing in designated neighborhoods.

The Kelo case limited local development through condemnation of private property.

Eminent domain rights are found in the Fifth and Fourteenth Amendments.

Appraisers can cause redlining through their appraisal methods.

All-adult covenants are:

Requiring a landowner to place a small cable box on his or her property is a taking.

Whether a public purpose is involved is a narrow issue in eminent domain.

If there are delays by the government entity in exercising a claim of eminent domain:

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 term would apply to Dalbert's conduct?

Economic revitalization is considered a public purpose for eminent domain cases.

​The Harpers (a black family) purchased a home with financing through Union Savings Association. During the first year, two of the Harpers' payment checks bounced but were immediately covered. Mr. Harper then lost his job and attempted to work out an interim payment schedule with Union. Union refused and foreclosed on the property. An examination of Union's records revealed that it was the first time Union had refused an interim payment plan for a temporarily unemployed borrower. Harper filed suit, alleging Union had violated the Fair Housing Act. Union maintains the Fair Housing Act is applicable only to purchases of homes and loans, not foreclosures. What is the result?

The Fair Housing Act applies to appraisers.

​Hamilton Bank and others sought to develop a hilly piece of property in Williamson County, Tennessee. The proposed use of the land was maximized by placing larger homes on larger hilly lots and then increasing the density in other areas. The Board of Adjustment refused to approve the increased density. Hamilton Bank claims such a refusal is a taking because there is no other economical use for the land. Is Hamilton correct?