Real Estate
Fair Housing Act
The Fair Housing Act is a federal law that prohibits discrimination in housing based on race, color, religion, national origin, sex, familial status, and disability.
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Exam Tip
Know all 7 protected classes. Steering and blockbusting are illegal. Mrs. Murphy exemption = 4 or fewer units.
What is the Fair Housing Act?
The Fair Housing Act (Title VIII of the Civil Rights Act of 1968) is the primary federal law prohibiting discrimination in housing. It applies to most housing transactions including sales, rentals, and lending.
Protected Classes (Federal)
| Class | Added |
|---|---|
| Race | 1968 |
| Color | 1968 |
| Religion | 1968 |
| National Origin | 1968 |
| Sex | 1974 |
| Familial Status | 1988 |
| Disability | 1988 |
Note: Many states add additional protected classes (age, sexual orientation, etc.)
Prohibited Actions
- Refusing to sell, rent, or negotiate
- Discriminatory advertising - "No children," religious symbols
- Steering - Directing buyers to/away from certain areas
- Blockbusting - Inducing panic selling based on protected class moving in
- Redlining - Denying services to specific geographic areas
- Discriminatory terms - Different prices, terms, or conditions
Exemptions
| Exemption | Requirements |
|---|---|
| Owner-occupied small building | 4 or fewer units, owner lives there |
| Single-family home (FSBO) | Owner sells without agent, no discriminatory advertising |
| Religious organizations | For non-commercial housing |
| Private clubs | For members only |
Note: Even exempt parties cannot advertise discriminatorily
Enforcement
- HUD - Investigates complaints
- DOJ - Can file lawsuits
- Private lawsuits - Individuals can sue
- Penalties - Fines, damages, injunctions