Oregon Fair Housing Laws: Exam Guide for the Broker Test

Fair Housing Is Tested on Both Exam Sections

Fair housing questions appear in both the national and Oregon state sections of the broker exam. The national section tests the seven federal protected classes and the Fair Housing Act of 1968. The Oregon state section tests Oregon's expanded protections and how state law differs from federal law.

Budget time to learn both layers — getting fair housing questions right on both sections is achievable with focused study.

Federal Fair Housing: The Seven Protected Classes

The federal Fair Housing Act (1968, amended 1988) prohibits discrimination in housing based on:

Race
Color
National origin
Religion
Sex
Familial status (families with children under 18, pregnant women)
Disability (physical or mental)

Prohibited acts under federal law include: refusing to sell or rent, setting different terms or conditions, false representations about availability, blockbusting, steering, and discriminatory advertising.

Exemptions — The federal Fair Housing Act has limited exemptions: owner-occupied buildings with four or fewer units (Mrs. Murphy exemption), single-family homes sold/rented without an agent, and housing operated by religious organizations for non-commercial purposes. Note: these federal exemptions do NOT apply when a real estate agent is involved.

Oregon's Expanded Protected Classes

Oregon fair housing law (ORS Chapter 659A) adds the following protected classes beyond the federal seven:

Marital status — cannot discriminate based on whether a person is married, single, divorced, or widowed
Sexual orientation — includes gay, lesbian, bisexual orientation
Gender identity — includes transgender and non-binary identity
Source of income — cannot refuse to rent to someone because their income comes from Section 8, Social Security, child support, or other lawful sources
Domestic violence victim status — landlords and sellers cannot discriminate against victims of domestic violence, harassment, sexual assault, or stalking

These Oregon additions apply to all real estate transactions statewide, including sales, rentals, and the terms of financing.

How Oregon Fair Housing Is Tested

The Oregon state section will test scenarios involving the expanded protected classes. Common question formats include:

A landlord refuses a tenant whose rent would be paid via Section 8 voucher — which class is violated? (Source of income)
A seller instructs their broker not to accept offers from buyers of a certain marital status — what should the broker do? (Refuse the instruction; it violates Oregon law)
A property manager declines to renew a lease after learning the tenant filed a police report for domestic violence — which class applies? (Domestic violence victim status)

Steering and Blockbusting

Steering — directing buyers or renters toward or away from neighborhoods based on protected class characteristics. Even if the agent thinks they are being helpful, steering based on race, national origin, or any protected class is illegal.

Blockbusting — inducing panic selling or renting by suggesting that members of a protected class are moving into the neighborhood, causing property values to decline.

Both acts are violations of federal and Oregon law.

Advertising and Language

Real estate advertising — whether in print, online, or MLS listings — cannot contain language that indicates a preference or limitation based on any protected class. This includes photos that could be interpreted as steering if consistently used to represent only one demographic.

ADA and Physical Access

The Americans with Disabilities Act (ADA) applies to commercial properties and common areas of multifamily housing. The Fair Housing Act requires that multifamily buildings with four or more units built after March 13, 1991 have accessible design features: accessible entrances, wider doorways, reinforced bathroom walls for grab bars.

Fair Housing Enforcement in Oregon

Complaints in Oregon can be filed with:

Oregon Bureau of Labor and Industries (BOLI) — enforces Oregon fair housing law
HUD — enforces federal Fair Housing Act
Private lawsuit in federal or state court

Understanding which agency handles complaints may appear on the exam.

Prepare for Oregon fair housing and all state-specific topics at [CARealestate.com/states/oregon](https://carealestate.com/states/oregon).