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Exam 19: Constitutional Issues in Real Estate

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Question 1

True/False

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All-adult covenants are a violation of the Fair Housing Act.

A) True
B) False

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Question 2

Multiple Choice

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The Fair Housing Act:

A) Does not regulate redlining.
B) Is inapplicable to loan qualifications.
C) Is inapplicable to appraisers.
D) Applies to residential sellers, buyers, and brokers.

E) A) and D)
F) C) and D)

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D

Question 3

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The city of Providence has begun eminent domain proceedings to allow a pipeline to be constructed across several property owners' lands. Which of the following is correct?

The Community Reinvestment Act is the Fair Housing Act.

The deed restrictions in a subdivision require numerous upgrades to be present on all homes built within the subdivision, such as shake or tile roof, fireplace, two-car garage minimum, block?fence enclosed backyards, landscaping, etc. Two families wishing to build in the subdivision claim the effect of the restrictions is to exclude all but those in the upper-income brackets. They claim the restrictions are unconstitutional.

Racially discriminatory covenants are still enforceable as private land rights.

The controversy in awarding low-income tax credit to developers centers on:

The decision in the Murr v. Wisconsin case issue of regulatory takings of land:

Which of the following is not an element for the exercise of eminent domain?

Zoning regulations cannot control First Amendment rights.

All-adult covenants in residential housing are constitutional.

The Home Mortgage Disclosure Act and the Community Reinvestment Act:

Channel Builders specializes in redevelopment projects and has been approved for several federal tax credit projects in Fort Lauderdale, Florida. The Low Income Tax Credits are awarded to him for investing in redevelopment in various communities. The racial composition of the neighborhoods he has redeveloped in Fort Lauderdale is 97% Latino or black. In neighborhoods where Channel has not done redevelopment and in his senior citizen developments, the racial composition is 78% white and the remainder minorities. Under the Fair Housing Act:

Racial covenants:

The city of Reston has two annexation applications before it. One application would result in the annexation of a community of Asian-Americans. The other annexation would result in the addition of a retirement community consisting of all-white adults over the age of 55. Reston has denied one application- that of the Asian-Americans and approved the other citing economic reasons. The number of individuals in each annexation is about the same. The city's decision:

Redlining occurs when a lender considers the area of the property to be purchased as a factor in qualifying the buyer for the loan.

Certain zoning restrictions can constitute a taking.

The size of the taking controls whether there has been eminent domain.

Which of the following is true regarding the establishment of a public purpose?

Lending at less favorable terms in certain pre-designated geographic areas is a form of redlining.