Fair Housing, Ethics, and Consumer Protection
Fair housing and consumer protection questions test protected classes, prohibited practices, advertising, reasonable accommodation, and ethics. The broker is accountable for discriminatory ads and steering even when a sales associate acts.
Core rules
- Federal protected classes are race, color, religion, sex, national origin, familial status, and disability. Florida's Fair Housing Act also protects marital status.
- Prohibited practices include refusing to rent or sell, offering different terms, steering, blockbusting, redlining, and discriminatory advertising.
- Landlords must provide reasonable accommodations for disability, including service animals, even where a no-pet policy applies. A service animal is not a pet and cannot be charged a pet deposit.
- Advertising must not state a discriminatory preference. The familial-status requirement means 'no children' ads are unlawful. Housing for older persons qualifies for a limited exemption only if it meets statutory requirements.
- Consumer-protection laws, including Florida's Deceptive and Unfair Trade Practices Act, prohibit misleading or unfair brokerage practices.
Worked example
An agent advertises a condo as 'perfect for young professionals, no children.' The ad violates familial-status protection because it excludes families with children. Even if the seller instructs the agent to use the phrase, the broker must refuse and correct the ad. The reasoning: fair-housing liability follows the advertisement and the broker's supervisory responsibility.
Traps
Do not use 'adults only' unless the property qualifies under the older-persons exemption. Do not steer buyers based on protected characteristics. Do not charge a pet deposit for a service animal. Do not assume a discriminatory seller instruction protects the licensee.