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Exam 19: Constitutional Issues in Real Estate

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Question 21

True/False

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Prohibiting construction in wetlands is constitutionally exempt.

A) True
B) False

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Question 22

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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:

A) Is valid because Germans are not a protected class.
B) Is valid because it is a private restriction.
C) Is valid because it is not a deed restriction but part of a grant of land.
D) Is unconstitutional.

E) All of the above
F) A) and B)

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Question 23

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

Age restrictions are valid when alternative housing is available.

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

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:

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

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

Just compensation is compensation for the government's gain.

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

The Fair Housing Act does not apply to landlords.

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

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?

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?

States cannot pass laws that supersede the Kelo case.

The Fair Housing Act:

Annexation of areas into a city or town:

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

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