Real Estate Law 10

Unit 10 Assignment Fact sheet

The HOA will not have been turned over to the residents yet since the developer still owns

60%. The developer can refuse to show the vet any unit because he does not meet the 55

requirement.

Also, children are visible in the community, but these children could be visiting.

Section VIII of the Civil Rights Act includes under the Fair Housing Act: SEC. 803. (a) Subject to

the provisions of subsection (b) and section 807, the prohibitions against discrimination in the

sale or rental of housing set forth in section 804 shall apply:

(1) Upon enactment of this title, to—(C) dwellings provided in whole or in part by loans insured,

guaranteed, or otherwise secured by the credit of the Federal Government, under agreements

entered into after November 20, 1962, unless payment thereon has been made in

full prior to the date of enactment of this title.

Also, FHAA requires 80% or more units to be occupied by at least one resident who is 55 or

above. See page 550. Housing for Older Persons Act (HOPA) prohibits communities from

evicting or terminating leases of families with children in order to comply with HOPA regulations

regarding occupancy.

Section 504 of the Rehabilitation Act of 1973 provides that no qualified individual with

disabilities should, solely by reason of his or her disability, be excluded from the participation in,

be denied the benefits of, or be subjected to discrimination under any program or activity

receiving federal financial assistance.

If in fact the community's children are grandchildren housed with elderly grandparents, then the

point is moot and this might in fact be a 55 and older community in compliance with 80% of units

being occupied with a 55 and older resident. However, 20% can be less than 55 yrs. of age. If

the children are in fact with younger families, even though they might exceed the limit of 20%

the families with children cannot be evicted by law under HOPA.

See page 16326 of HOPA.

“Additionally, although HOPA would allow under-aged heirs, or minors under the age of 18

years of age to reside in, or visit, housing for persons who are 55 years of age or older, it does

not require it. HUD philosophically supports a compassionate community which has provisions

allowing some flexibility where the exemption would not be destroyed by that flexibility, but there

is no direct legal authority under the Act to require it” (HOPA, p.16326).

In response to the Unit 10 Assignment checklist item:

 Identify how these legal rights and the documents/laws involved are indicative of the

U.S. culture (see the culture website resource in the reading area), and indicative of

society.

Hofstede results for the U.S. (Hofstede Insights, 2019): Country comparison tool for the United

States:

On the Hofstede dimension of Individualism (Hofstede Insights, 2019): The fundamental issue

addressed by this dimension is “the degree of interdependence a society maintains among

its members .” This dimension determines to what extent a society is concerned with the

individual versus the society being interdependent and counting on each other. Hofstede

Insights, (2019) further explains the U.S. power—distance dimension:

The fairly low score on Power Distance (40) in combination with one of the most

Individualist (91) cultures in the world reflects itself in the following:

“The American premise of “liberty and justice for all.” This is evidenced by an explicit

emphasis on equal rights in all aspects of American society and government” (Hofstede

Insights, 2019).

Example: Property ownership, pursuit of happiness and being able to live and own what you

want.

Hofstede (2019) goes on to state regarding U.S. power—distance dimension:

Typically, Americans “live to work” so that they can obtain monetary rewards and as a

consequence attain higher status based on how good one can be…. It is believed that a

certain degree of conflict will bring out the best of people, as it is the goal to be “the

winner”. As a consequence, we see a lot of polarisation and court cases. This mentality

nowadays undermines the American premise of “liberty and justice for all.”

Reference

Civil Rights Act of 1964. Fair housing act, 42 U.S.C.§ 800–802. Retrieved from

https://www.justice.gov/crt/fair-housing-act-2

Hofstede Insights (2019). Country comparison tool [for the United States]. Retrieved from

https://www.hofstede-insights.com/product/compare-countries/

Jennings, M. M. (2017) Real estate law (11th ed.). Boston, MA: Cengage.

Rehabilitation Act of 1973 PI93-112 (hr8070) (1973, September 26). Retrieved from

https://www.eeoc.gov/eeoc/history/ada25th/rehab_act-1973.cfm

U.S. Department of Housing and Urban Development (1999, April 2). Implementation of the

housing for older persons act of 1995 [FR–4094–F–02] 64(63). Retrieved from

https://kapextmediassl-a.akamaihd.net/business/MT432/1908d/HOPA_DOC_7770.PDF