Exam 19: Constitutional Issues in Real Estate

​Two black professors and their families (who had recently transferred to a university in a small town) sought to purchase homes in an all‑white development. The developer took the professors aside and told them that he would build them the same homes for cost anywhere else in the town if they would not buy in the subdivision. The professors wish to file suit. Do they have any rights?

Landlords can refuse to accept Section 8 tenants.

For a taking to occur under eminent domain, there must be physical occupation of the property.

​Henry W. Geter, II, rents an apartment at a complex named "The Cloisters," which is located on Michigan Avenue, N.E., in the District of Columbia. Geter's lease began on March 28, 2003, and ran for one year with rent payments of $1,325 due on the first day of each month. After several months, Geter suffered complications from diabetes and had both feet amputated. Based on his disability, Geter was awarded disability benefits from the Social Security Administration ("SSA") beginning in November 2003 "on or about the second Wednesday of each month." On October 26, 2003, Geter presented the SSA notice of award to property manager Connie Fletcher and requested that his monthly payment date and rent "be adjusted to reflect the comments of the filing received from the Government, with the reassignment of the rent to $890." On February 16, 2007, Geter received a Notice to Cure Violation of Tenancy or Vacate for "continually and habitually paying [his] rent late." He was given the option of curing the violation by "paying the full amount of the rent due" by March 31, 2007, or vacating the premises on or before April 1, 2007. Geter responded by claiming, in part, housing discrimination based on his disability. He renewed his request for reasonable accommodations by changing the due date of his monthly payments from the first of the month to the 15th of the month and reducing his monthly rent payment to $890. Geter then filed suit for a violation of the Fair Housing Act. Did the landlord violate the FHAA? Discuss why or why not.

An apartment complex has placed an ad in the newspaper that includes the following, "No families with more than 3 children under the age of 10." Which of the following is correct with regard to the ad?

Hudson Bank does not have offices in areas where it does not want to make mortgage loans. Most of the areas that do not have Hudson branches are populated by minorities. Hudson Bank:

Which of the following ads would be a violation of the Fair Housing Act?

Which of the following is not a violation of the Fair Housing Act?

Explain how low to moderate impact housing will be affected by disparate impact analysis.

In the Kelo case, Pfizer built its facility and the area became well developed and economically renewed.

Al Freeman relied on Section 8 housing vouchers for his rent. He submitted an application to rent an apartment at the Woodstream Apartments. When he submitted his application, the manager said, "Sorry, we no longer take Section 8 tenants." Which of the following is an accurate description about the manager's conduct?

Just compensation is determined by the value of the property after the announced government project.

A government regulation that deprives a landowner of use of her property:

A major freeway is to be constructed through the back of a subdivision, and the city is taking the homes located in the area by eminent domain. The landowners claim their property should be valued as well?located commercial property, and the city claims it should be valued as residence property. Discuss the propriety of the taking and the amount of compensation that the homeowners should be paid.

What are the requirements for just compensation?

Low-income housing tax credits are given to developers who construct Section 8 housing.

Fair market value is the measure of adequate compensation in eminent domain.

Blockbusting is generally an activity of real estate agents and brokers.

John McKenzie is a real estate broker who refused to show a home to Alberto Chavez and his wife, Miriam, who are from Guatemala. McKenzie says that he refused because the Chavezes were not prequalified for a loan and he does not show properties unless the potential buyer can show prequalification approval for the amount in the range of the home's listing price. McKenzie:

Fair market value for purposes of eminent domain: