Property OwnershipIntermediateArizona Exam

A deed restriction that discriminates based on race in Arizona is:

AEnforceable as a matter of contract law if recorded before the Fair Housing Act of 1968
BUnenforceable under federal and state fair housing laws and the Civil Rights Act of 1866Correct
CEnforceable only in privately funded residential subdivisions
DSubject to review by ADRE as a required disclosure to buyers

Why Unenforceable under federal and state fair housing laws and the Civil Rights Act of 1866 Is Correct

Answer B: Unenforceable under federal and state fair housing laws and the Civil Rights Act of 1866

Racially discriminatory deed restrictions are unenforceable under the Civil Rights Act of 1866, the Fair Housing Act, and the 14th Amendment. Such restrictions are void as violations of public policy.

Exam Tip: Property Ownership

Property ownership questions test the bundle of rights and different forms of ownership. Know the differences between joint tenancy, tenancy in common, and community property, including the right of survivorship.

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