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Practice Of Real Estate DisclosuresFair_housingHARD

A California landlord rents out a room in their own single-family home (owner-occupied). The landlord declines to rent to a prospective tenant based on their religion. Under California law, is the 'Mrs. Murphy' exemption available to this landlord?

Correct Answer

B) The federal FHA's Mrs. Murphy exemption may apply, but California's Unruh Civil Rights Act (Civil Code §51) does not have a comparable exemption, so the landlord may still face state liability

While the federal FHA's 'Mrs. Murphy' exemption (42 U.S.C. §3603(b)) may exempt owner-occupied dwellings with 4 or fewer units from some FHA provisions, California's Unruh Civil Rights Act (Civil Code §51) has broader protections and does not contain a comparable exemption. The landlord may be liable under state law even if the federal exemption applies.

Answer Options
A
Yes, the Mrs. Murphy exemption fully applies to owner-occupied single-family homes in California, allowing the landlord to discriminate based on religion
B
The federal FHA's Mrs. Murphy exemption may apply, but California's Unruh Civil Rights Act (Civil Code §51) does not have a comparable exemption, so the landlord may still face state liability
C
No exemptions exist under either federal or state law for owner-occupied rentals
D
Yes, but only if the landlord does not use a real estate agent to find tenants

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Related Topics & Key Terms

Key Terms:

fair_housingMrs_MurphyUnruh_Actowner_occupiedCal_Civil_Code_51

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