Fair Housing

A New Mexico property owner with a single-family home personally rents out one other property without using a broker. Are they exempt from the Fair Housing Act?

AYes, they are always exempt as a single-owner
BPossibly exempt under the 'Mrs. Murphy' exemption (owner of 1-4 unit dwelling who lives in it) but only if they do not use discriminatory advertising or a broker✓ Correct
CYes, all single-family home rentals are exempt
DNo, all rentals are always subject to the Fair Housing Act

Explanation

The Fair Housing Act has a limited 'Mrs. Murphy' exemption for owner-occupied buildings with 4 or fewer units, and a single-family home rental without a broker and without discriminatory advertising. However, discriminatory advertising or use of a broker removes the exemption.

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