Idaho Fair Housing Laws: What's on the Real Estate Exam

Fair housing is a significant portion of both the national and state sections of the Idaho real estate exam. Unlike many states, Idaho does not add protected classes beyond the federal seven — but you must know the federal Fair Housing Act thoroughly and understand how it applies in Idaho transactions.

Federal Fair Housing Act — The Foundation

The federal Fair Housing Act (1968, as amended) prohibits discrimination in the sale, rental, and financing of residential housing based on 7 protected classes:

Race
Color
National Origin
Religion
Sex
Familial Status — families with children under 18, pregnant women, people securing custody of children
Disability — physical and mental disabilities

In Idaho, these are the only state and federal fair housing protected classes. Idaho has not added additional classes at the state level (unlike Connecticut, Delaware, Hawaii, and Illinois).

Prohibited Acts — Know These Cold

Steering: Directing buyers or renters toward or away from neighborhoods based on a protected class. Example: telling a family with children to look in a different school district because a neighborhood "isn't right for families."

Blockbusting: Encouraging property owners to sell by suggesting that the racial or ethnic composition of the neighborhood is changing and that property values will decline.

Redlining: Refusing to make loans or offer insurance based on the racial composition of a neighborhood.

Discriminatory advertising: Using language in listings, ads, or MLS remarks that expresses a preference for or against any protected class. HUD guidelines cover not only explicit discriminatory language but also coded language.

Misrepresentation: Telling a prospective buyer that a property is unavailable when it's not — based on a protected class.

Exemptions to the Federal Fair Housing Act

The Mrs. Murphy Exemption: Owner-occupied residential buildings with 4 or fewer units are exempt. The owner-occupant may discriminate based on any class (though the exemption does NOT apply to race — no exemption exists for racial discrimination).

Single-family homes sold without a broker: If a private individual sells their single-family home without using a broker and without discriminatory advertising, the FHA does not apply.

Religious organizations and private clubs: May restrict housing to their members without violating the FHA — but cannot discriminate based on race in doing so.

Disability Accommodations

Both federal Fair Housing Act and Idaho law require landlords to:

Provide reasonable accommodations: Changes in rules, policies, or practices for a person with a disability. Example: allowing a tenant with a disability to have an assistance animal in a no-pets building. The landlord cannot charge a pet deposit for an assistance animal.

Allow reasonable modifications: Physical changes to the unit that a tenant needs to use the property. In private housing, the tenant pays for modifications and may be required to restore the property.

Meet new construction standards: Multifamily buildings with 4+ units built after March 13, 1991 must meet federal accessibility requirements including: at least one accessible entrance, accessible common areas, wider doorways, and accessible controls.

Americans with Disabilities Act (ADA) vs. Fair Housing Act

A common exam trap:

Fair Housing Act: Applies to residential housing
ADA: Applies to commercial properties, public accommodations, employers — NOT residential housing

If an exam question describes a single-family rental and disability accommodation, it's the FHA that applies — not the ADA.

Idaho-Specific Fair Housing Application

While Idaho doesn't add state protected classes, Idaho real estate agents must: - Follow all federal fair housing advertising standards - Not steer buyers based on any protected class — including in rural areas where certain demographic assumptions might be made - Understand that HUD can investigate and prosecute fair housing violations regardless of whether the state has additional laws

Practice Questions

Q: In Idaho, is it legal for a landlord who lives in a duplex to refuse to rent the other unit to a family with children?

A: Yes — the Mrs. Murphy exemption applies to owner-occupied buildings with 4 or fewer units. However, this exemption does NOT apply to race.

Q: Which of the following is a protected class under the Idaho real estate fair housing law?

A) Sexual orientation B) Marital status C) Familial status D) Source of income

Answer: C — Familial status is a federal protected class. The others are not protected under Idaho or federal law.

For full Idaho fair housing practice questions, visit [CARealestate.com/states/idaho](https://carealestate.com/states/idaho).