Land-Use Planning, Subdivisions, Fair Housing, and Other Public Controls Dat Hoang April 26, 2020 No Comments 1. A subdivider must notify the Real Estate Commissioner if: he or she makes physical changes in the subdivision he or she sells five parcels to one purchaser all of these he or she changes the contracts of sale 2. The Americans with Disabilities Act applies to: both a and c both physical and mental disabilities only physical disabilities drug addicts 3. You may send an unsolicited fax solicitation if: you have had precious business dealings with the party within 18 months none of the above the fax is within three months of an inquiry by that party your fax is to a commercial number HintYou must have signed permission (other answers deal with Do-Not-Call Registry). 4. If a broker refuses to show or rent to parties because of race or color, the most likely thing to happen to the broker would be: automatic revocation of his or her license a $250 fine for each party no disciplinary action at all a prison setence HintUnder the Unruh Act. 5. The requirements of the Map Act need not be complied with for: Arizona subdivisions sold in California California subdivisions sold in Arizona both a and b neither a nor b HintThere is no local control in Arizona. 6. Karen is going to subdivide for condominiums. She needs a public report if she is going to have more than __ unit(s): two four one five HintFive or mores. 7. A power granted by an enabling act refers to: zoning the Rumford Act eminent domain none of these HintAnd planning. 8. As to a public report, which or the following is true? copies must be given to anyone upon request all of these are true a copy must be posted in the subdivision sales office a public report may be renewed 9. You may properly ask a prospective buyer or tenant questions relating to: age sexual orientation marital status national origin HintSenior housing requirement. 10. The Map Act allows subdivision control by the: Real Estate Commission local government corporation counsel state building inspector HintCity or county. 11. Which of the following is not upheld under the police power of the state? zoning the Real Estate Law none of these eminent domain HintThere is no compensation under police power. 12. Permitted calls to persons on the do-not-call registry include all except: calls for charitable contributions calls to residential numbers calls within three months of an inquiry survey calls HintIt applies to residential calls. 13. Condominiums have been increasing in popularity primarily because of: better loan terms new lifestyles tax advantages land costs HintHigher desity housing. 14. On a zoning map, "M" would most likely indicate: multiunit manufacturing multiple use mobile homes HintBut there are no uniform zoning designations. 15. A requirement of the Subdivision Map Act is: submission of advertising to the local government unit prior to use preparation and filing of a tentative map approval of arrangements to safeguard buyer deposits providing purchasers with a copy of the public report before they are bound 16. Linda intends to build a six-foot fence around her property on the property line. She should check: all of these zoning restrictions local building codes deed restrictions 17. In seeking a public report a subdivider must submit all except: title information house plans and setbacks sales contracts to be used provisions for utilities HintLocal control. 18. The subdivision law in California has the primary purpose of: preventing fraud preventing premature subdivisions community planning obtaining the best land use HintTo protect the buyer. 19. A public report is required: prior to the issuance of a preliminary report prior to the sale of the fifth parcel in one year prior to the sale of the first parcel in a subdivision prior to any advertising 20. Under the Subdivided Lands Act: all of these undivided interests are included parcels must be contiguous agricultural leases are included 21. Subdividers may: make improvements prior to issuance of a public report print the public report in any manner or size of type they deem advisable change financing arrangements without approval sell lots prior to a public report if they agree to return money to purchasers upon demand 22. A master plan would not be concerned with: sanitary problems flood control land use deed restrictions 23. Every city, by law, must have: uniform zoning standards a variance appeal board a planning commission a uniform building code HintAnd a general plan 24. The Subdivision Map Act includes: 160-acre and larger parcels noncontiguous units none of these leasing mobile home spaces HintBut they are exempt from the state requirement. 25. The regulation of housing and construction in California is covered by the: State Contractor's License Act local building code state Housing Act all of these 26. The Federal Fair Housing Act of 1968 provides: equal housing opportunity for all minimum construction standards low down payments for government housing low-income housing 27. Under state subdivision law, a purchaser may rescind a contract to buy within a specified period in cases of: cooperative apartments condominium sales time shares none of these HintAlso in cases of undivided interest subdivisions. 28. The planning commission, when administering the Map Act, would be concerned with: both a and b street width and traffic pattern drainage plans of homes 29. A property owner, in listing his property, adds specific instructions that the property is not to be offered to anyone who is not a Caucasian, as the owner does not want to be the first to break the barrier to minorities in the neighborhood. The broker should. refuse to discuss the matter of the listing any further with the owner tell the owner to see another broker tell the owner that it is unlikely that a minority member could afford the property, so there is not a problem tell the owner to sell the property himself. 30. Herman reads the Real Estate Commissioner's preliminary public report on an ordinary residential subdivision. He decides to buy a lot and gives the developer a $500 deposit, which the developer places in his trust account. The Real Estate Commissioner then issues the final public report. Upon reading it, Herman demands the return of his deposit. The developer must return: $500 $375 $250 none of it 31. A property owner may refuse to rent to a person who is: an alcoholic a drug addict pregnant blind and has a guide dog HintNot a protected group. 32. Before a new home can be occupied: offsite improvements must be complete construction loans must be paid off a certificate of occupancy must be issued a notice of completion must be filed HintIssued by building inspector. 33. The Interstate Land Sales Act does not apply to sales: neither a nor b of lots of five acres or more of cemetery lots both a and b 34. In the case of a violation of the Rumford Act, the Department of Fair Employment and Housing can: invoke a $10,000 penalty issue a cease-and-desist order any of these invoke a $25,000 penalty if there was a previous violation 35. A buyer can escape liability for hidden toxic waste by: obtaining title insurance buying "as is" having the seller agree to be liable making proper inspection and inquiry HintThe government can go against fromer owns and/or persons who released the toxic substances. 36. The Subdivision Map Act requires: subdividers to file tentative maps with the city or county planning commission insertion of release clauses when blanket encumbrances cover a subdivision delivery of a copy of the public report to all purchasers all of these HintThe Map Act covers local controls. 37. The Subdivided Lands Act covers: neither a nor b 12 or more time-shares of five years or more undivided interests both a and b 38. The Federal Fair Housing Act stems from: the Rumford Act none of these the Thirteenth Amendement to the Constitution the First Amendment to the Constitution HintAccording to Jones v. Mayer. 39. Building permits are issued by the: city or county planning commission building inspector Real Estate Commission board of supervisors HintAlso issues Certificate of Occupancy. 40. A public report would be denied for: inability to demonstrate that adequate financial arrangements have been made for improvements failure to show that parcels can be used for the purpose for which the are offered any of these inability to deliver title HintIts purpose is to protect the public. 41. A public report is not required for land located in: none of these California and sold in California Arizona and sold in California California and sold in Arizona HintOut-of-state subdivisions are exempt. 42. An area zoned for apartments allows single-family homes to be built because the zoning is: inclusionary noncumulative exclusionary cumulative HintMore restrictive uses are allowed. 43. Under the California Subdivided Lands Act, a subdivider who is not a resident of the state must submit an irrevocable consent that in the event of legal action against him or her, and if she or she cannot be located after a diligent search, a valid service may be made by delivering the process to: the superior court in the county where the action occurs the recorder in the county in which the land is located the Real Estate Commissioner the state secretary of state HintThe rule is the same for a nonresident broker. 44. A disadvantage of a cooperative could be: owners' costs are greater than in a condominium owners cannot deduct tax payments made to the cooperative owners could lose their equity if other owners fail to make their tax and loan payments all of these HintIf they are paid by association. 45. A landlord may charge an increased security deposit for: families with children tenants with disabilities who modify their units persons with guide dogs none of these 46. You may properly make an unsolicited phone call to a do-not-call listed party in order to solicit business if: you have previouslyy met the person you sold the party a property 11 months prior to the call the party talked to you nine months previously about buying property any of the above HintCalls may be made within 18 months of a business relationship. 47. By accident, Edward's crops are sprayed by the city with a chemical that makes use of the land dangerous. He should: neither a nor b either a or b institute escheat proceedings start inverse condemnation HintForce the city to buy his land. 48. A planned development project is a: fully improved subdivision community apartment project subdivision containing areas owned in common subdivision for which a final report has been issued 49. The owner of a residential property found guilty of discrimination in the sale of his or her property may be required to: sell to the offeror pay a civil penalty of $10,000 sell the offeror a similar property, if one is available any of these HintUnder the Rumford Act. 50. Giving real property for public use for Map Act approval is knowns as: none of these inverse condemnation dedication eminent domain 51. Which of the following comes under the jurisdiction of the Subdivided Lands Act? long-term leasing on mobile home spaces neither a nor b both a and b two or more contiguous parcels HintFive or more. 52. Violations of the Rumford Act are heard by the: Real Estate Commissioner superior court Fair Employment and Housing Commission state attorney general 53. You may properly call a person who is on the Do-Not-Call Registry when: the call is 20 months after you have sold the party a home the call is strictly for survey purposes the call is nine months after the party has contacted you for property information the call is made to a personal cell-phone number HintCannot include solicitation. 54. Ken's petition for rezoning is rejected by the city planning commission. He: has no recourse other than to try again later may appeal to the county planning commission may appeal to the court on the basis of hardship may appeal to the city council HintThe he would go to the courts. If rejected by County Planning Commission, then would appeal to County Board of Supervisors. 55. A difference between the state Subdivided Lands Act and the Map Act is: long-term leases of trailer parks are not included under the Map Act both a and b neither a nor b for the Map Act the parcels must be contiguous 56. The fine for making a single call in violation of the Do-Not-Call regulations could be up to: $10,000 $100 $1,000 $16,000 HintFor each call. 57. The CAN-SPAM ACT applies to: unsolicited e-mail messages unsolicited phone calls to business numbers unsolicited phone calls to residential numbers unsolicited fax messages 58. The physical aspects of a subdivision are controlled by: both a and b neither a nor b the city or county planning commission the Real Estate Commission HintUnder the Map Act. 59. A broker solicits only the longtime residents for listings in an area in which there had been recent sales to minority group members. The broker's action would be regarded as: proper blockbusting redlining steering HintInducing panic selling. 60. A subdivider obtains a public report for five lots. He builds homes on each of the lots and leases them for five years. At the end of the lease, he wishes to sell the homes. both a and b are true he requires a broker's license neither a nor b is true he must get a new public report HintThe report has expired. 61. The California Housing Act, which contains minimum code requirements, is found in the: Uniform Commercial Code Health and Safety Code Fair Housing Act state Contractor's Code 62. Violations of the subdivision law can result in a maximum fine of: $5,000 $50 $10,000 $500 HintPlus one in prison. 63. A condominium can be: commercial residential industrial any of these 64. Breaking one parcel into two parcels would come under the regulation of: the Subdivided Lands Act both a and b neither a nor b the Subdivision Map Act HintAny division falls under local control. 65. In a condominium, which of the following could be owned in fee simple? all of these the outside yard the public hallways the individual units HintFee simple is a degree of ownership. Areas can be owned in common but in fee simple. 66. Individual ownership of a lot and common ownership of other areas would constitute a: standard subdivision condominium cooperative project planned unit development 67. A buyer who reserves a home receives a copy of the preliminary public report. The buyer: has the right to request that the deposit be placed in an interest bearing account neither a nor b both a and b may cancel the reservation at any time 68. A farmer owns 120 acres, which he divides into five parcels to be leased for agricultural purposes. They are exempt from Map Act requirements if they contains: any of these more than 20 acres 40 acres or more 30 acres or more HintAgriculture excluded. 69. A negative declaration, when required from a developer as it pertains to an EIR, would: show whether the developer had a previous record of poorly designed subdivisions indicate no negative influence of the development on the environment indicade a developer's financial status to protect purchasers from developers likely to file bankruptcy indicate a negative influence of the development on the environment 70. When an apartment building is converted to a condominium, the tenants must be given: both a and b 180-day notice neither a nor b a 90-day right to buy their unit 71. A condominium unit owner owns separately: none of these the common heating system common walls lawns and walkways HintAll are commonly owned. 72. Under the Subdivided Lands Act of the Business and Professions Code, the Real Estate Commissioner is concerned with: the dimensions and placement of drainage and sewage disposal facilities financial provisions and arrangements to safeguard the vesting of title in the purchaser the layout and surfacing of streets none of these HintThe others are under local control. 73. You decide to use the phone book to solicit listings without checking the Do-Not-Call Registry. Your actions are proper if you: ask if the person is on the list before you begin your phone presentation call from a business phone limit your calls to a small geographical area call businesses using the yellow pages HintThe law only applies to residential calls. 74. A material change in a subdivision in regard to the public report would be: changes in contracts used in sales changes in lot or street lines changes in restricions or rights all of these HintThe subdivider would need a new or amended report. 75. Zoning would most likely cover: escheat proceedings CC&Rs building setbacks construction standards 76. A lender will not make loans in a minority area with a high crime rate. This action is: steering redlining blockbusting prudent 77. Subdividers who wish to use a public report in their advertising: are prohibited from doing so may use the report only if they use it in full require special permission to use any portion for advertising purposes may use any part of the public report so long as they reference the entire report 78. A public report is good for: the length of time necessary to sell all lots five years from the first sale none of these five years from the date of issuance HintIt can be renewed. 79. A subdivider sells five lots to Frank, a dealer, who intends to immediately resell them, and five lots to Gwen, who is going to hold them for appreciation. Frank will need a public report because he is a dealer both Frank and Gwen will need a new public report prior to their first sale neither Frank nor Gwen needs a new public report Gwen will need a public report only if she resells after the subdivider's public report expires HintDue to the change in ownership. 80. A subdivider must comply with the Interstate Land Sales Act for subdivisions of: 50 or more parcels 100 or more parcels 5 or more parcels 25 or more parcels 81. Unsolicited solicitation e-mails must include all of the following except: the sender's phone number an opt-out mechanism for future e-mails a functioning return e-mail address the legitimate physical address of the sender 82. A broker ramped the front steps of her office, placed paper cups by the water cooler, and put a grab bar in the washroom in order to comply with: ADA the Rumford Act the 1988 amendment to the Civil Rights Act of 1968 VAMA HintThe Americans with Disabilities Act. 83. Which of the following is required for an unsolicited e-mail sent to market a product? all of the above an opt-out mechanism a functioning return e-mail address a subject line indicating it is an advertisement HintAlso physical address. 84. The office usually responsible for the enforcement of proper sewage and sanitation construction practices in a subdivision is: HUD the local health office the state Department of Health the Real Estate Commission 85. Which of the following would be an offsite improvement? septic system streets and curbs dwelling garage 86. A white couple inquires about an ad for a home located in a minority area. The broker should: suggest more suitable properties tell them the property is no longer available treat the inquiry in the same manner as an inquity from a minority group buyer tell them it is a minority area HintBrokers must treat everyone equally. 87. An apartment house owner's ad violates the law if it states: no drinking allowed no smoking adults preferred handicapped accessible HintDiscrimination based on familial status is prohibited; the owner may prohibit an activity but not the person, as in "no drinkers or smokers." 88. The Map Act requires: an adequate water supply planning commission approval paved streets all of these 89. An example of involuntary alienation would be: easement by reservation zoning all of these eminent domain HintInvoluntary taking of property. 90. Which of the following is not an element of a master plan? open space circulation safety economy 91. The police power of the state can be invoked against the practice of discrimination in housing accommodation because of race, color, religion, or ancestry under the: Government Code Penal Code Health and Safety Code Civil Code HintRumford Act. 92. Jones v. Mayer upheld the: Civil Right Law of 1866 Civil Rights Act of 1964 Cicil Rights Act of 1968 Executive Order of 1962 HintDecision of the U.S. Supreme Court, 1968. 93. False-heading information in an e-mail could result in a fine for each violation up to: $60 $16,000 $110 $1,100 94. Land that was zoned for heavy industrial use was rezoned for light industrial and office use. This is an example of: a buffer zone downzoning exclusionary zoning cluster zoning HintZoning to more restrictive use. 95. Which of the following is an example of police power? all of these building code enforcement zoning health ordinance enforcement HintHealth, safety, morals, and general welfare. 96. A planning commission for each city and county is: required by statute required after the master plan is developed established when funds are appropriated made up of three members selected by the city council or board of supervisors 97. The Interstate Land Sale Act provides a buyer rescission period of: 3 days 14 days 24 hours 7 days 98. The Subdivided Lands Act is part of: the Real Estate Code the Business and Professions Code the Commissioner's regulations none of these 99. In a new subdivision, who is responsible for installation of curbs, gutters, streets, and utilities? individual buyers the developer the planning commission the city or county HintAs a condition of approval. 100. A report that allows a binding contract of sale of a subdivided parcel but will not allow funds to be disbursed would be: a conditional public report a public report a preliminary report any of these 101. A special-studies zone in proximity to a fault line would require the broker to: turn down any listing so affected notify a purchaser prior to the offer obtain a new public report notify a purchaser prior to closing HintGeological hazards. 102. For a Homeowners Association to file a lien against a homeowner for unpaid assessments, the amount due must exceed: $1,800 $100 $10,000 $1,000 103. In order to obtain a public report, a subdivider would not supply the Commissioner with: plans for utilities information on marketability of title financing arrangements plans of homes HintThese are under local control. 104. Which of the following is true? both a and b are true neither a nor b is true a public report cannot be used in advertising unless it is used in its entirely a public report must always be supplied to advertising media 105. Dedication under the Map Act takes place: when the preliminary report is issued when the approved map is recorded when the final report is issued upon filing of the tentative map HintThe dedication would also be recorded. 106. The required elements of a general plan do not include: safety circulation land use budget HintThe other elements are housing, open space, conservation, and noise. 107. The Map Act requires: an adequate water supply all of these planning commission approval paved streets HintThese are all state requirements. 108. Taxes on a condominium apartment would be paid by: the board of governors the holder of the management contract the owner of the apartment the subdividers 109. Who is entitled to obtain copies of inspections from the Structural Pest Control Board? the lender only only the person paying for the report anyone only the owner HintFee required. 110. Advertising the availability of residential financing must include: a good faith estimate of loan costs all finance terms the current APR indication of Equal Housing Opportunity HintEither equal opportunity logo or indicate financing is available equally to all. 111. A subdivider has a free-lot scheme. He or she is offering: a lottery with charges for transfer free lots in order to get a subdivision started lots free with the purchase of another lot lots free as premiums HintA scam in which the transfer charge exceeds the value. 112. Advertising a property located in a predominantly minority are only in a newspaper primarily read by that minority group would be: redlining blockbusting legal steering HintDirecting buyers based on race. 113. What does stand for? NAREB HUD Equal Housing Opportunity California Fair Housing 114. Who can obtain a copy of the previous pest reports from the pest control board? anyone the buyer the broker the seller HintRecords must be kept for two years. 115. A subdivider must: furnish each buyer with a copy of the public report all of these keep receipts on file for at least three years obtain a signed receipt from each buyer 116. Nineteen tenants decide to purchase their apartment building as tenants in common with the right for each to occupy his or her unit. This would be a: community apartment project planned unit development cooperative condominium HintThey own as tenants in common. 117. An owner who just purchased property was ordered to clean up chemical waste on the property deposited by a former owner. The owner is liable because of: CERCLA Coastal Zone Conservation Act respondeat superior Alquist-Priolo Act HintComprehensive Environmental Response Compensation and Liability Act. Former owners and polluters could also be liable. 118. A subdivider holding a down payment in trust for the purchase of a parcel covered by a blanket encumbrance is doing so for the benefit of: the purchaser the beneficiary of the blanket encumbrance the subdivider the Real Estate Commissioner 119. As to zoning, which of the following is true? all of these aesthetic values are not an interest in the establishment of zoning zoning is never retroactive zoning takes precedence over deed restrictions 120. The actions of the city planning commission: are recommendations only are advisory are binding rulings none of these