Fair Housing, Civil Rights, and Consumer Protection
What this domain tests
This domain tests protected classes, prohibited practices, reasonable accommodations and modifications, advertising rules, and limited exemptions.
Federal protected classes
The federal Fair Housing Act protects race, color, religion, sex, national origin, familial status, and disability. HUD treats sex to include sexual orientation and gender identity. State and local laws may add classes. Prohibited acts include refusing to sell or rent, different terms, false unavailability, steering, blockbusting, redlining, discriminatory advertising, and retaliation.
Disability and familial status
A reasonable accommodation changes rules or policies, such as allowing a service animal or assigning a parking space, generally at the landlord's expense. A reasonable modification is a physical change, such as a ramp, generally at the tenant's expense, with restoration if the lease requires it. Service animals are not pets. Familial status protects children under 18, pregnant women, and persons securing custody.
Exemptions
Limited exemptions include an owner-occupied single-family rental with no broker and no discriminatory advertising, certain housing for older persons, and limited religious or private-club housing. Advertising should use equal opportunity language and no preferences. Consumer protection also bars deceptive practices and requires disclosures.
Worked example
A landlord has a no-pets policy. A tenant requests a service dog as a reasonable accommodation. The landlord must allow the dog, cannot charge a pet deposit, but may charge for actual damage. A $500 pet fee for the service animal would violate fair housing.
Traps
Do not assume the exemption covers discriminatory advertising. Do not confuse accommodation with modification. Do not overlook sex discrimination including LGBTQ+ protections. Do not ignore state and local protected classes.