Agenda - 05-16-2006-5j - Laserfiche WebLink

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M City of Cuyahoga Falls, Ohio 26 88 a 88 Analysis of Impediments to Fair Housing Choice It should also be noted that the liability does not exist only with publishers of any print media or broadcasters of radio and television advertising for the sale or rental transaction of a residential dwelling. It also includes persons or companies who conduct the sale or rental transaction of a residential dwelling such as advertising agencies, sales firms, real estate professionals and management companies. In addition, their clients can be held liable as well Jury cases involving discriminatory real estate advertising in the Washington, D.C. - Baltimore, Maryland area have resulted in jury awards of $850,000 and $2 million. In addition, a successful plaintiff in a discriminatory advertising suit is generally entitled to have the court order the defendant to pay the plaintiffs attorneys' fees, which can be significant. It should also be noted that where the defendant has acted in reckless disregard of the plaintiffs civil rights, punitive damage awards are also available under federal law, (Smith v. Wade, 461 U.S. 30, 37 - in 1983) Caution should be noted when describing either a geographical area or giving directions as they can imply a discriminatory preference, limitation, or exclusion. These can include the names of facilities which cater to a particular racial, national origin or religious group, such as country club or private school designations. In addition, the names of facilities which are used exclusively by one sex may indicate a preference. All forms of print media should indicate that all housing advertised in their classified sections abide by the FHAA. The HUD regulations contain a special provision applicable to publishers, They provide that all publishers should publish at the beginning of their real estate advertising section a notice including language to the following effect: All real estate advertised herein is subject to the Federal Fair Housing Act, which makes it illegal to advertise "any preference, limitation, or discrimination because of race, color, religion, sex, disability, familial status, or national origin, or intention to make any such preference, limitation, or discrimination." We will not knowingly accept any advertising for real estate which is in violation of the law. All persons are hereby informed that all dwellings advertised are available on an equal opportunity basis, In addition, telephone numbers for local fair housing organizations or agencies which home seekers may call for information if they feel that they have been the victim of housing discrimination should be included in the publisher's notice. In conjunction to the above disclaimer, all advertising for housing, including lending, should include the "Equal Housing Opportunity" slogan or logo according to HUD regulations, The logo is to be placed in all advertising that is larger than two (2) column inches and it should be legible. Finally, the use of human models in real estate related advertising are regulated by HUD. Frequently, display advertising will include photos or drawings. Often, such advertising will depict persons enjoying the amenities of the complex or the neighborhood to make the