Fair Housing

An Oregon seller tells their agent they will not sell to anyone under 40 years of age. Is this permissible?

AYes — age is not a protected class under the Fair Housing Act
BNo — the FHA prohibits such discrimination, and age over 40 is protected in Oregon's Fair Housing Act✓ Correct
COnly if disclosed in the listing
DOnly for senior housing communities

Explanation

While the federal FHA does not include age as a protected class for buyers (the FHA's familial status protection focuses on children, not adult ages), Oregon's Fair Housing Act includes age (40 and over) as a protected class in housing sales and rentals. A seller's instruction to exclude buyers under 40 would violate Oregon's Fair Housing Act and the agent should refuse to follow the instruction.

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