(7) Property: Fair Housing Act

Question 1

Overall Rule:

Fair Housing Act

Answer 1

The Fair Housing Act protects people from discrimination when renting/leasing/buying property.

Question 2

Discrimination Categories

Answer 2

FHA prohibits discrimination based on a persons (a) race; (b) religion; (c) sex; (d) national origin; (e) disability; and/or (f) familial status (cannot discriminate against people with kids unless its designated as “senior housing”.

Question 3

Fair Housing Act Exemptions

Answer 3

The act doesn’t apply to (a) religious organizations; (b) private clubs that limit occupancy to members; (c) owner-occupied buildings with no more than 4 units; or (d) single family houses sold or rented by the owner without the use of an agent as long as the private owner doesn’t own more than 3 homes at a time.

Question 4

Application and Enforcement of the Fair Housing Act

Answer 4

The FHA applies to and can be enforced against direct providers of housing (such as landlords and real estate companies) AND other entities (such as municipalities, banks, or other lending institutions, and homeowner insurance companies).

Question 5

Discriminatory Advertisements

Fair Housing Act

Answer 5

The fair housing act also prohibits making printing and publishing discriminatory ads that indicate a preference, limitation or discrimination. The prohibition applies to publishers and persons/entities who place real estate advertisements in newspapers and on websites.

Question 6

If the property is exempt from the FHA can the ad still be in violation?

Fair Housing Act

Answer 6

YES, discriminatory ads will still apply where the ad violates the act even if the property being advertised may be exempt from the provisions of the act.