Fair HousingIntermediateAlaska Exam

An Alaska HOA that enforces CC&Rs more strictly against residents of one race than another may be violating:

AOnly state law, not federal fair housing law, according to common practice
BThe Fair Housing Act's prohibition on discriminatory terms and conditionsCorrect
CThe CC&Rs themselves, not fair housing law
DOnly the HOA's own bylaws

Why The Fair Housing Act's prohibition on discriminatory terms and conditions Is Correct

Answer B: The Fair Housing Act's prohibition on discriminatory terms and conditions

Selective enforcement of HOA rules based on residents' race violates the Fair Housing Act's prohibition on imposing different terms, conditions, or privileges based on protected class. The HOA, like any housing provider, must apply rules consistently regardless of residents' race.

Exam Tip: Fair Housing

Fair Housing questions test both federal (Fair Housing Act of 1968) and state-level protected classes. The federal protected classes are race, color, religion, national origin, sex, familial status, and disability. Many states add additional protections.

Key Fair Housing Terms in This Question

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