California's Unruh Civil Rights Act (Civil Code §51) has been interpreted by courts to provide broad anti-discrimination protections in business establishments. Which of the following characteristics is LEAST supported as a protected basis under the Unruh Act's current statutory text and leading judicial interpretations?
Correct Answer
C) Membership in a particular political party as a basis for denying housing
Civil Code §51(b) enumerates sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, and immigration status, and §51(e) defines sex to include gender, gender identity, and gender expression. Courts have reached beyond that list by barring arbitrary discrimination against personal characteristics, which is how Marina Point, Ltd. v. Wolfson (1982) 30 Cal.3d 721 struck down a blanket exclusion of families with children. Political party membership falls outside both the statutory list and that case law: it is a chosen affiliation rather than a personal characteristic, and neither the Legislature nor the courts have established it as a basis for an Unruh claim in housing.
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Related Topics & Key Terms
Key Terms:
Related Concepts
An as-is clause in a real estate contract states that the buyer accepts the property in its current condition without requiring the seller to make any repairs. However, an as-is sale does NOT eliminate the seller's obligation to disclose known defects.
Asbestos disclosure involves informing buyers about the presence of asbestos-containing materials (ACMs) in a property. Asbestos was commonly used in construction materials before 1980 and poses health risks when fibers become airborne.
Violating fair housing laws can lead to significant penalties, including fines, civil liability, and professional discipline.
More Practice Of Real Estate Disclosures Questions
Under California law, a real estate agent owes a duty of honest and fair dealing to all parties in a transaction, not only to the agent's own client. Which provision most directly establishes this duty?
A landlord is required to provide a copy of the written lease to the tenant within:
A California-licensed salesperson uses the title 'Real Estate Consultant' on business cards and marketing materials without holding any special certification or designation. Under DRE regulations, this practice is:
Barnard made an offer to buy a vacant residence. The offer was accepted by the seller. Prior to the close of escrow, Barnard requested permission from the broker to enter and make minor repairs to the house. Which of the following is true?
Most common business structure for one individual:
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- → At a DRE administrative disciplinary hearing in California, what standard of proof must the Department meet to sustain a finding against a licensee?
- → The Transfer Disclosure Statement requires sellers to disclose various known property conditions under California Civil Code §1102 et seq. All of the following must be disclosed on the TDS EXCEPT:
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- → The Real Estate Commissioner may discipline a licensee for the conduct described in Business and Professions Code §§10176 and 10177. Which of the following would NOT be grounds for disciplinary action?
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