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Federal Law

Fair Housing Laws & Regulations

The Fair Housing Act prohibits discrimination in housing. Know the 7 protected classes, prohibited practices, exemptions, and penalties for the exam.

Exam Tip

Remember the 7 protected classes with: "Race, Color, Religion, National Origin, Sex, Familial Status, Disability". Many states add additional protected classes like age, sexual orientation, or source of income.

7 Federal Protected Classes
Discrimination based on these is prohibited
1

Race

1968

2

Color

1968

3

Religion

1968

4

National Origin

1968

5

Sex

1974

6

Familial Status

1988

7

Disability

1988

Note: Many states and localities add additional protected classes. Check your state's fair housing laws.

Prohibited Practices
Actions that violate the Fair Housing Act

Refusing to Sell or Rent

Refusing to sell, rent, or negotiate based on protected class

Example: Telling a family with children that units are "adults only"

Discriminatory Terms

Offering different terms, conditions, or privileges based on protected class

Example: Requiring a larger deposit from tenants of a certain race

Discriminatory Advertising

Making statements indicating preference or limitation based on protected class

Example: Advertising "perfect for young professionals" or "Christian community"

Steering

Directing buyers/renters to or away from certain neighborhoods

Example: Only showing Hispanic buyers homes in predominantly Hispanic areas

Blockbusting

Inducing panic selling by suggesting neighborhood demographic changes

Example: Warning homeowners that minorities are moving in and values will drop

Redlining

Refusing to lend or insure in certain areas based on demographics

Example: A bank refusing all mortgage applications in a minority neighborhood

Denying Access

Denying access to real estate services or MLS

Example: A broker refusing to work with clients of a certain religion

Retaliation

Punishing someone for exercising fair housing rights

Example: Evicting a tenant who filed a discrimination complaint

Exemptions
Limited situations where Fair Housing may not apply

Owner-Occupied Small Buildings

1-4 unit dwelling where owner occupies one unit

Important: Must not use discriminatory advertising

Single-Family Homes (FSBO)

Owner-sold homes without a broker and limited ownership

Important: Owner cannot own more than 3 such homes; no agent can be used

Religious Organizations

Can limit occupancy to members of the same religion

Important: Cannot discriminate based on race, color, or national origin

Private Clubs

Can limit rental/occupancy to members

Important: Must be genuinely private, not commercial

Housing for Older Persons

62+ communities or 55+ (80% rule) communities

Important: Exempt from familial status protection only

Remember: Even when exempt from the Fair Housing Act, the Civil Rights Act of 1866 prohibits discrimination based on race in ALL property transactions with NO exemptions.

Disability Accommodations
Required accommodations for persons with disabilities

Reasonable Modifications

Tenant pays (landlord may require restoration)

Physical changes to the property made by the tenant

Example: Installing grab bars, widening doorways, building a ramp

Reasonable Accommodations

Landlord provides at no cost

Changes to rules, policies, practices, or services

Example: Allowing a service animal despite "no pets" policy

New Construction (4+ units)

Builder/Developer responsibility

Accessibility requirements for buildings built after March 1991

Example: Accessible entrances, wide doorways, accessible bathrooms

Penalties for Violations
Civil and criminal penalties for fair housing violations
ViolationMaximum Penalty
First OffenseUp to $21,663
Second Offense (within 5 years)Up to $54,157
Third+ Offense (within 7 years)Up to $108,315
Criminal PenaltiesUp to $100,000 and/or 1 year imprisonment

Filing a Complaint: Complaints can be filed with HUD within 1 year or in federal court within 2 years of the alleged discrimination.

Practice Fair Housing Questions

Fair housing is one of the most heavily tested topics. Practice with real exam questions.

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