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A homeowner in Edmond, Oklahoma is selling her single-family home without using a real estate licensee. She posts a sign that says 'No families with children.' A prospective buyer with three children sees the sign and files a complaint. Under the Oklahoma Fair Housing Act, which of the following statements is most accurate?

Correct Answer

D) The homeowner has violated the Oklahoma Fair Housing Act because familial status is a protected class and advertising discriminatory preferences is prohibited

Familial status — which includes families with children under 18 — is a protected class under the Oklahoma Fair Housing Act (Title 25 O.S. §§ 1451-1466). Publishing or displaying any advertisement that indicates a discriminatory preference is prohibited regardless of whether a licensee is involved. The 'for sale by owner' status does not eliminate fair housing obligations in this context, especially when discriminatory advertising is used.

Answer Options
A
The homeowner has not violated the law because the sign is on private property and protected by the First Amendment
B
The homeowner is exempt because she is selling without a licensee and the Oklahoma Fair Housing Act only applies to licensed transactions
C
The homeowner is exempt because the Oklahoma Fair Housing Act does not cover single-family homes sold by the owner
D
The homeowner has violated the Oklahoma Fair Housing Act because familial status is a protected class and advertising discriminatory preferences is prohibited

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Related Topics & Key Terms

Key Terms:

familial statusdiscriminatory advertisingprivate sale exemptionOklahoma Fair Housing Actfor sale by owner

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