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Fair Housing (Part 1 of 3) | Real Estate Exam Prep - YouTube
Channel: The Real Estate Classroom
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in today's video we're going to discuss
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the basics
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of fair housing and everything that you
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need for the real estate licensing
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exam three concepts we're going to
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consider number one what are protected
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classes number two what's the
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what's the prohibitive conduct in number
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three what are the exemptions to fair
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housing
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all of that in this video
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hey everybody my name is paul pacheski
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and welcome to the real estate classroom
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youtube channel hey before we get
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started do me a favor give this video a
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thumbs up hit that red subscribe button
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click on the notification bell
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and if you have a comment or a question
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leave it down below in the comment
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section here on this channel if you ask
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a question
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i will return with an answer i promise
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all right in today's video we're going
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to go over the concept of fair housing
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and it's just an
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introductory video because you really
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only need to know the basics for your
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real estate licensing
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exam however there are three areas in
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particular
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that we need to know so today's learning
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objectives are what are protected
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classes
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what are the prohibited conduct meaning
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what are the things under the law that
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we as licensees cannot do
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and then what are the exemptions to fair
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housing
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all right so it all starts with
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protected classes
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fair housing and protected classes those
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are the that's the foundation for all
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fair housing
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laws all right it's unlawful for any
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person to be discriminated against
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in the purchase or leasing of real
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property based on their membership
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in a protected class so what does that
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mean well
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means that every one of us essentially
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are a member of a protected class in
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some form or fashion
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and you're going to discover that as we
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go through the individual protected
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classes
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it also means that i cannot discriminate
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against you
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simply because you are a member of a
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protected class let me give you an
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example maybe i hate catholics
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and i have a property that's for sale
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and i find out that you
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are a member of the catholic church and
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you're otherwise qualified
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but i just simply say i'm not going to
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sell my property to you because
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you're a catholic that would be
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discrimination
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because religion is a protected class
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now
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the other thing i want you to know we're
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not going to get into how do you prove
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all of this
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that's for a different video i'm only
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going to give you the rule that's what
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you need to know for your real estate
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licensing exam
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all right what are the seven federally
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protected
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uh classes all right they're on your
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screen race
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color religion national origin sex
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marital status and disabilities and
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we're going to talk about each one and
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what they are and what they mean but
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here's one thing before we get rolling
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understand
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the license the real estate licensing
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exam loves to ask
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students about dates when were these
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protected classes
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uh put into into the law what date what
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year
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and i'm going to give that to you and
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you just simply got to know it for your
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real estate licensing
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exam the first one i want to talk about
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is
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race now the protected class of race
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comes from the civil rights act of 1866.
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you have to know that
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and it refers to a family tribe or group
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of people coming from the same
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common ancestry so let me give you an
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example of discrimination based on race
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i refuse to rent my property to african
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americans that would be an example
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of discrimination based on race or i
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refuse to
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sell my property to african americans
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those type of things
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the second protected class i want to
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talk about is color
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now color was added in the 1968 fair
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housing
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act or the fair housing act of 1968
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which was part of
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the civil rights act of 1968.
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and and color refers to the color of an
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individual person's skin
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whether it be whether it be black brown
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white
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whether it be uh plaid purple it doesn't
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matter it's based on the person's skin
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color an example of discrimination would
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be refusing to rent
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to an applicant because they have brown
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skin
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or refusing to sell to somebody because
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they have
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brown skin the next protected class is
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religion
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again this comes from the fair housing
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act of 1968 there's an
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error there that's on your screen it
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says the fair housing act of 1988 that
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is incorrect that's a mistake
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it's the fair housing act of 1968
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and that means that the protected class
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of religion
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was added in 1968 and it refers to all
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aspects of religious beliefs
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observances and practices so it's a
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little bit broader
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an example of discrimination would be
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refusing to rent to a catholic
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a muslim a buddhist etc but it also goes
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to observances and practices
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let me give you an example there was a
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case where
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in a in an apartment community
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there was some i believe they were
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buddhist or hindu i don't remember but
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they would go out into the common area
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garden
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every morning and they would meditate
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and do their chant
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it wasn't really loud it was just they
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would go in the flower garden
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which is considered common area in the
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apartment community and they would do
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their observance or their practice
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some other tenants had issues with it
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they went to the
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property manager the property manager
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put an end to the practice
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that is discriminatory in nature because
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they were discriminate discriminating
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against that tenant based on
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uh their religious practice or
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observance
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so that's an example of a discrimination
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based on religion
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the next protected class is national
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origin
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and this comes from the fair housing act
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of 1968
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and it refers to the country in which a
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person was born or from which the
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person's
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ancestors came from so
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an example of discrimination based on
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national origin
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is you refuse to rent to
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an individual because they're native
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american they belong to the cherokee
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the cherokee tribe or they're from india
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all right so let me also point this out
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and have it on your screen because it's
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interesting it says discrimination
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against a puerto rican tenant by an
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african-american property owner
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and the reason i put that in there is
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because there is a myth out there that
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says
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a someone in a minority group cannot be
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guilty of discrimination so
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property managers would falsely hire
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let's say an african-american
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to be the property manager and then they
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would say no puerto ricans or no latinos
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or
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or those type of things thinking that
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they were exempt from the fair housing
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law because it was the african-american
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property manager that was doing the
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discrimination
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understand that is not true that is
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false
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that is not an exemption to the fair
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housing law
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all right the next protected class is
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sex and that was added in 1974 that
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includes
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gender male or female it also includes
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gender identity and gender expression
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also includes pregnancy childbirth or
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conditions related to pregnancy or
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childbirth so it's very broad in nature
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now i do want to uh cover a couple of
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new items to the the protected class of
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sex and i have them on your screen there
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gender expression that's defined as a
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person's gender related appearance and
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behavior
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whether or not stereotypically
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associated with the person's assigned
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sex
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at birth so let me give you an example a
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man that's a cross dresser a man that
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dresses in women's clothing
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or a woman that dresses in man's
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clothing that that's
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gender expression another one is gender
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identity and that's defined
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as refers to one's internal personal
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sense of being a man
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or a woman and an example an example of
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gender identity is an individual
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with a birth assigned sex of male but
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you
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view him him he views himself as a
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female and and and that would be
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gender identity the point is
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that is all protected under uh
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the federal fair housing laws under the
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protected class of sex so what does that
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mean
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so tom comes in and tom is dressed in a
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dress and tom says i want to rent your
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apartment and you say sorry i don't like
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crossdressers so
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therefore i'm not going to rent you that
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is discrimination under fair housing law
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and i know it's simplistic in nature but
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this is introductory and
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and i i'm trying to get you introduced
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to this concept of fair housing
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the the other thing i want to talk about
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i'm not going to spend any time but the
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violence against
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women act that is a federal law that
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falls under
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this protected class and it protects the
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victim of
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particularly women in domestic violence
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situations
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all right the next protected class i
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want to discuss
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is family status now familial status and
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disabilities as we're going to talk
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about next was introduced
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in 1988 and it's part of the fair
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housing
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amendment act of 1988 and it refers to a
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situation where there are one or more
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persons
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under the age of 18 that resides
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with a parent or a legal guardian a
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foster parent
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etc in a rental unit for example it also
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applies in the case of pregnancy or in
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the process of
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obtaining legal custody of someone
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that's
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under the legal age of majority as well
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so there are many aspects of familial
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status or family status that that is
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protected and we're going to talk more
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about that in the prohibitive conduct
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section
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however one of the the things or a
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common
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example of discrimination would be
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number one is
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you uh you're living in an apartment
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community
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and they say no children or you live in
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an apartment community
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and the the apartment community finds
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out that you're pregnant or you're going
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to be adopting
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that and then they say sorry you gotta
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move that that would be
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illegal and it's discriminatory in
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nature
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but it also applies to other things
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where forcing families with children for
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example to live
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on a particular floor of an apartment
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community
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or living in a particular area of that
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apartment community so you're
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segregating
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uh families with children that also
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would be protected
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under fair housing laws and would be
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illegal as a
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discriminatory in nature the last
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the final seventh protected class is
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disabilities
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or we call handicaps this too
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is very broad in nature we're going to
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keep it very simplistic here
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it derives from the fair housing
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amendment act of 1988
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that means in 1988 disabilities or
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handicaps was added as a protected class
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it refers to both
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physical and mental disabilities
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including things like depression anxiety
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etc
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and an example of
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discriminating against someone with a
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disability is not allowing an individual
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to have a service animal in there
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in their home that they're renting or in
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their condo regime
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i i was part of a case one time or doing
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some training for a condo
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regime where they refused to allow
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a person who was legally entitled to a
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comfort animal
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it said no no animals and this person
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had a
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like depression or anxiety and the
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doctor prescribed a comfort animal
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they wanted a dog the the condor regime
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said no
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even though that they knew that it was a
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comfort animal
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and the owner of the condo went through
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all the proper steps to
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to verify that this was a comfort animal
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and they still said no that's an example
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of discrimination based on disabilities
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now
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we're not going to go into details here
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but i will tell you that
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this is a very very broad
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concept within the fair housing
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community and certainly as you get into
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the business you're going to learn more
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and more
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about this protected class
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don't don't forget also state and local
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governments can add on to the seven
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federally protected classes
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here is just an example of a few that
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you might see that's out there you
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probably won't need to know these for a
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any type of for any type of
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licensing exam but i just wanted to
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point it out we see age creed veterans
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citizenships genetic information lgbtq
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sexual orientation those type of things
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so
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again the state government and local
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governments like cities and counties can
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add to the federal protected classes
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now real quick guess who guess who's not
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a protected class
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and that is pet owners and smokers
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cigarette smokers and what i mean by pet
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owners is they are pets they have not
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been
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designated as a service animal or a
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comfort animal or what we call an
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emotional support animal
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they're just pets a landlord is legally
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within their rights to say no dogs no
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cats no pets at all
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or brown cats only or
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dogs of of 20 pounds or less
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when it's a pet a landlord can do
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whatever they want
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as far as designating which pets are
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allowed or not
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they can say no smoking absolutely no
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smoking
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a condominium regime can say that owners
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cannot smoke cigarettes that would all
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be
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legal is it discrimination yes but it is
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legal discrimination so i thought i'd
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point that out
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smokers now don't forget there are other
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fair housing laws that we did not
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discuss in this video that you still
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need to know for your real estate
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licensing exam
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one of them is this video right here so
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make sure you take a look at it and by
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the way
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if you have not subscribed to the
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channel please do so click the little
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circle to my left i'll see you
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in the next video
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