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Practice Of Real Estate DisclosuresFair_housingMEDIUM

A California real estate agent is showing properties to a family with young children. The agent steers them away from a condominium community that has an adults-only policy. Under California's Fair Employment and Housing Act (Gov. Code §12955), is the condominium community's policy legal?

Correct Answer

A) No, familial status is a protected class

Under both federal FHA and California FEHA (Gov. Code §12955), familial status is a protected class. Adults-only policies are generally prohibited unless the community qualifies as housing for older persons under the Housing for Older Persons Act (HOPA) — specifically, at least 80% of occupied units must have at least one person 55 or older.

Answer Options
A
No, familial status is a protected class
B
Yes, private communities can set their own age restrictions without limitation
C
Yes, as long as the community votes unanimously to adopt the policy
D
No, but the policy is only illegal if it affects more than 10 families

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Related Topics & Key Terms

Key Terms:

fair_housingfamilial_statusadults_onlyHOPAGov_Code_12955

Related Concepts

Mold disclosure involves informing buyers about the presence of mold or conditions that are conducive to mold growth in a property. While no federal mold disclosure law exists, many states require disclosure of known mold issues.

A property condition disclosure is a written statement by the seller detailing the known condition of the property, including defects, repairs, and issues with major systems. Most states require sellers to complete this form.

Protected classes are groups of people who are legally shielded from discrimination based on specific characteristics.

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