Property/Fair Housing Act Question

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McBean
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Joined: Fri Dec 18, 2009 10:41 am

Property/Fair Housing Act Question

Postby McBean » Mon May 03, 2010 9:04 pm

Not sure how many of you study the fair housing act as part of your property class, but here's a question for those of you who do:

A grants Blackacre to B and his heirs so long as B attends church every Sunday.

Without any information being given as to how the property was transfered, could this implicate the fair housing act if it was a sale? What would the consequences be? Striking of the condition if was later challenged?

This a stretch, I know.

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JPeavy44
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Re: Property/Fair Housing Act Question

Postby JPeavy44 » Mon May 03, 2010 9:22 pm

Religion is covered under § 3604(a)...so I guess you could have a claim if they discriminated against you if you don't go to church

Renzo
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Re: Property/Fair Housing Act Question

Postby Renzo » Tue May 04, 2010 9:45 pm

There isn't enough information to know. If it was a single family residence sold without an agent or broker, it's exempt from the Fair Housing Act.

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McBean
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Re: Property/Fair Housing Act Question

Postby McBean » Wed May 05, 2010 9:08 am

Renzo wrote:There isn't enough information to know. If it was a single family residence sold without an agent or broker, it's exempt from the Fair Housing Act.


Yes, but if all we had was the words of the grant (we don't even know if it was a sale), then it would be worth exploring/raising the possibility of the FHA coming in to play, right? I mean, we won't loose points for doing it...

A similar grant came up on an exam. Whether or not B had a FSA or a FSD/FSSCS would have a material affect later on in the fact pattern. RAP does not knock out the condition (B is the validating life and I assume the grantor does not intend for B's dead body to be wheeled in to church every Sunday - though I did mention that ridiculous possibility). The only other way I could think of to make this an FSA was to explore the possibility that maybe B paid for the grant, in which case the FHA might apply.

It was one of those exams that is on it's face incredibly easy so you spend the last hour just trying to pry issues out of it (or look for forks if you prefer) because you're afraid everyone is going to find the obvious ones.


ITT: I try and convince myself I am clever.




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