Exam 19: Constitutional Issues in Real Estate

Which of the following theories cannot be used as a basis for a discrimination suit under the Fair Housing Act?

Only individuals can file suit to enforce the Fair Housing Act.

Describe the effect of the decision in the Kelo case.

"Christians only" in an ad for an apartment would violate the Fair Housing Act.

Which of the sections of the U.S. Constitution apply in real property issues?

X deeded property to his daughter in fee simple "so long as she did not marry." The daughter wishes to know what type of interest she holds and if it is valid.

A taking can occur through government-imposed use restrictions.

The Section 8 housing program:

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. If the small business owner challenges the taking what will be the result?

Group homes can be prohibited by a local zoning plan.

Bob Taft applied for a loan for the purchase of a home. The loan officer denied the loan and explained, "Look, you come from a rough area. I can't loan money for buying homes in that area." Which of the following is the correct term for what the loan officers is doing?

There can be vicarious liability for brokers under the Fair Housing Act.

The Home Mortgage Disclosure Act applies to all financial institutions.

Which of the following would NOT be a public purpose?