Fair Housing, Consumer Protection, and Ethical Practices
Protected classes
Federal law covers race, color, religion, sex, national origin, familial status, and disability. The Minnesota Human Rights Act (ch. 363A) adds creed, marital status, public assistance status, age, and sexual orientation; local ordinances may add more. Enforcement runs through the Minnesota Department of Human Rights and HUD.
Prohibited conduct
- Refusing to show, rent, or sell; steering; blockbusting; redlining.
- Offering different terms, conditions, or privileges.
- Discriminatory advertising or oral statements.
- Failing to provide reasonable accommodation (such as assistance animals) or to permit reasonable modification at the tenant's expense.
Consumer protection and ethics
The Minnesota Consumer Fraud Act (§ 325F.68) and Deceptive Trade Practices Act (§ 325D.44) reach misleading statements and material omissions. RESPA § 8 bars fee splitting for referrals without services. Antitrust law forbids competitors agreeing on commission rates. The NAR Code of Ethics adds duties beyond statute.
Worked example
A listing agent tells a prospect, "This block isn't really set up for kids." That is a familial-status violation and steering, even though the agent meant it as friendly advice and never refused to show the home. Discriminatory effect controls.
Traps that cost marks
- Assuming good intent is a defense - it is not.
- Advertising "adults only" without qualifying under the 55-and-older exemption.
- Writing ads implying a religious or national-origin preference.
- Charging a fee to a buyer for a referral without providing services.