Chapter 7 Section 2

Question 1

Age discrimination

Answer 1

-discrimination in housing based on age is contrary to law, unless specific criteria is met
-a facility or community can claim an exemption under certain conditions when housing is provided for persons over the age of 55

Question 2

criteria 1 for age exemption

Answer 2

-the housing is specifically designed and operated to assist elderly persons and is intended for, and solely occupied by, persons who are 62 years of age or older

Question 3

criteria 2 for age exemption

Answer 3

-the housing is intended and operated by persons who are 55 years of age or older and meet the following requirements:
-80% of occupied units are occupied by at least one person who is 55 or older
-the facility or community publishes and adheres to policies and procedures that demonstrate its intent to be a provider for older persons
-the facility or community complies with rules established by HUD

Question 4

elder facility/community registration

Answer 4

-facility/community is required to register with Florida Commission on Human Relations
-must submit certified letter on letterhead of facility which must be signed by president of community
-nominal fee must be in letter
-registration is effective for 2 years
-commission must make available a list of all facilities and communities that have requested registration

Question 5

Penalties for violation of Florida Fair Housing Act

Answer 5

-administrative fine of $500 against any facility or community that knowingly submits false information in meeting the Florida Fair Housing Act requirements
-the commission may institute a civil action whenever it is unable to obtain voluntary compliance
-court is authorized to impose fine of $10,000 for first offense, up to $25,000 if violator has been found guilty of previous offense within previous five years and up to $50,000 if violator was found guilt of two or more offenses in previous 7 years

Question 6

Discrimination based on AIDS or HIV

Answer 6

-under F.S 760.5, persons with AIDS and HIV are designated as handicapped and are afforded all protections made available to handicapped persons
-unlawful to discriminate an otherwise qualified individual in housing, public accommodations, or governmental services on the basis that they have AIDS/HIV

Question 7

Discrimination based on HIV/AIDS punishments

Answer 7

-any person who violates F.S 760.5 is subject to action in court and may suffer liquidated damages of $1000 or actual damages, whichever is greater
-intentional or reckless discrimination may subject a party to liquidated damages of $5,000 or actual damages, which ever is greater

Question 8

Stigmatized properties

Answer 8

-the fact that a property was or was suspected to have been the site of a homicide, suicide, or death is not a material fact that must be disclosed
-no action can be taken against a person, including owners, landlords, and real estate licensees for failure to disclose