All exemplify lawful private real estate controls except:
Correct Answer
C) Restricting sales to unrepresented races
Option C — restricting sales to unrepresented races — is unlawful because it constitutes a racially restrictive covenant, which is void and unenforceable under both federal law (Fair Housing Act, 42 U.S.C. §3604) and California law (Civil Code §53, FEHA Government Code §12955), regardless of whether it appears in a private HOA document or deed. No private agreement, no matter how formally recorded, can lawfully restrict property ownership or sale on the basis of race, as affirmed by the Supreme Court in Shelley v. Kraemer (1948).
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