A California real estate brokerage has a policy of requiring all listing agents to photograph only certain neighborhoods for virtual tours. A fair housing complaint alleges this policy disproportionately excludes minority neighborhoods from receiving virtual tour marketing. Under California Government Code §12955.8, what type of claim does this represent?
Correct Answer
A) A disparate impact claim where the policy, while facially neutral, has a disproportionate adverse effect on a protected class
Under Cal. Gov. Code §12955.8, this represents a disparate impact claim. The brokerage's policy may be facially neutral (selecting neighborhoods for virtual tours), but if it disproportionately affects minority communities by denying them equal marketing services, it may violate fair housing law. The brokerage would need to justify the policy with a legitimate, non-discriminatory reason.
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Many states and localities have fair housing laws that expand upon the protections offered by the federal Fair Housing Act.
A stigmatized property is one that has an undesirable reputation due to events that occurred on the property or nearby, such as a murder, suicide, alleged haunting, or proximity to a registered sex offender. The stigma is psychological, not physical.
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- → A California salesperson's personal real estate blog states, 'I closed 50 transactions last year!' The actual number was 32. A competing agent reports this to the DRE. What is the most likely regulatory outcome?
- → A seller is selling a condominium in a California common interest development (CID). In addition to the TDS, which disclosure package is the seller required to provide under California Civil Code §4525?
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- → A property in a California Mello-Roos district has a base Proposition 13 property tax of 1% on its assessed value of $600,000, plus a Mello-Roos special tax of $3,200 per year. What is the total annual property tax bill for this property?
- → A California buyer's agent conducts a visual inspection of a property and observes extensive, recently applied caulking around all window frames and along the base of the exterior walls. What is the buyer's agent's most appropriate next step?
- → A California buyer's agent conducts a visual inspection and notices that the property's water heater is not strapped to the wall as required by California law for seismic safety. Under California Health and Safety Code §19211, water heaters must be braced. What should the buyer's agent do?
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