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Practice Of Real Estate DisclosuresFair_housingMEDIUM

A California property owner decides to convert their duplex into a single-family home. The current tenants, who are a family with three children, are told they must vacate. The owner plans to rent the single-family home to a single person. Under California fair housing law, could this conversion be challenged as discriminatory?

Correct Answer

D) Yes, if the conversion was motivated by a desire to eliminate families with children, it could constitute familial status discrimination under FEHA

Under California FEHA (Gov. Code §12955), if a property conversion is motivated by a desire to eliminate tenants with children and replace them with single tenants, it may constitute familial status discrimination. While property owners can make legitimate business decisions, the motivation behind the decision matters. Circumstantial evidence of discriminatory intent can support a fair housing claim.

Answer Options
A
No, property owners have an absolute right to convert property types
B
Yes, but only if the family can prove the owner explicitly stated a preference for tenants without children
C
No, because the conversion is a property development decision, not a housing decision
D
Yes, if the conversion was motivated by a desire to eliminate families with children, it could constitute familial status discrimination under FEHA

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Related Topics & Key Terms

Key Terms:

fair_housingfamilial_statusproperty_conversiondiscriminationGov_Code_12955

Related Concepts

Radon disclosure involves informing buyers about the presence or potential presence of radon gas in a property. Radon is a naturally occurring radioactive gas that can accumulate in buildings and is the second leading cause of lung cancer.

Fair housing laws apply to a broad range of activities related to housing, including sale, rental, financing, and advertising.

A seller's disclosure statement is a form that sellers complete to inform buyers about the condition and history of the property, including known defects, past repairs, insurance claims, and environmental issues.

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