Fair Housing & Law

Fair Housing Act

Federal law prohibiting discrimination in the sale, rental, or financing of housing based on race, color, national origin, religion, sex, disability, and familial status.

Full Definition

The Fair Housing Act of 1968 (Title VIII of the Civil Rights Act of 1968), as amended in 1988, prohibits discrimination in the sale, rental, and financing of housing based on seven federally protected classes: Race, Color, National Origin, Religion, Sex, Disability, and Familial Status. The 1988 amendments added disability and familial status and significantly strengthened enforcement. Landlords must make reasonable accommodations for persons with disabilities and must allow reasonable modifications to dwelling units. Familial status protects households with children under 18, pregnant women, and those seeking custody of children. Many states and localities add additional protected classes beyond the federal seven (such as sexual orientation, marital status, source of income, or age).

Real-World Example

A landlord refuses to rent to a family because they have three young children. This is illegal discrimination based on familial status under the Fair Housing Act.

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How Fair Housing Act Appears on the Real Estate Exam

Common question types, tested concepts, and what to watch out for

Memorize the 7 federal protected classes (RNCRSDF or use your own mnemonic). Disability accommodations = reasonable accommodations (policy changes) and reasonable modifications (physical changes, at tenant expense unless HUD-assisted). Senior housing exemption exists for 55+ communities meeting specific criteria.

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