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.
Race
1968
Color
1968
Religion
1968
National Origin
1968
Sex
1974
Familial Status
1988
Disability
1988
Note: Many states and localities add additional protected classes. Check your state's fair housing laws.
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
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.
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 costChanges to rules, policies, practices, or services
Example: Allowing a service animal despite "no pets" policy
New Construction (4+ units)
Builder/Developer responsibilityAccessibility requirements for buildings built after March 1991
Example: Accessible entrances, wide doorways, accessible bathrooms
| Violation | Maximum Penalty |
|---|---|
| First Offense | Up to $21,663 |
| Second Offense (within 5 years) | Up to $54,157 |
| Third+ Offense (within 7 years) | Up to $108,315 |
| Criminal Penalties | Up 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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