Real Estate · Property Disclosures

Under federal Fair Housing law, which of the following is a protected class?

Correct answer

Race, color, religion, sex (including gender identity), national origin, disability, and familial status

  1. A Age (in housing contexts)
  2. B Race, color, religion, sex (including gender identity), national origin, disability, and familial status
  3. C Sexual orientation only
  4. D Marital status

Why this is the answer

The federal Fair Housing Act (1968, as amended) prohibits discrimination in housing on the basis of race, color, religion, sex, national origin, disability, and familial status (presence of children under 18). HUD has interpreted 'sex' to include gender identity and sexual orientation. Marital status and age are not federally protected in housing contexts, though some state and local laws do protect these classes. Real estate agents must treat all clients equally regardless of protected-class status: showing the same homes, offering the same financing options, providing the same level of service. 'Steering' (directing buyers to or away from certain neighborhoods based on protected-class characteristics) and 'blockbusting' (inducing sales by suggesting protected-class neighbors will move in) are illegal.
Source: Real Estate Principles, Fair Housing

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About this topic: Property Disclosures

Lead paint disclosure (pre-1978 homes), known material defects, fair housing protected classes — getting these wrong creates legal exposure for the agent. This is one of 4 Salesperson (National) questions on property disclosures, each with a full explanation on a single study page.

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