Fair Housing and Consumer Protection
Fair housing and consumer protection
The federal Fair Housing Act bars discrimination in sale, rental, advertising, and brokerage services based on race, color, religion, sex (HUD guidance includes sexual orientation and gender identity), national origin, familial status, and disability. North Dakota's Human Rights Act and local ordinances can add protected classes, such as marital status or public assistance status, so check state and local law. Exemptions are narrow: limited owner-sold single-family sales (no more than one in 24 months, no discriminatory advertising, no broker) and qualifying housing for older persons (55+ or 62+).
Disability. Provide reasonable accommodations in rules, policies, and service animals at the tenant's request at no cost; tenants generally pay for reasonable modifications to the unit, subject to restoration obligations. Advertising no children or adults only in non-qualifying housing is familial status discrimination.
Prohibited practices. Steering, blockbusting (panic selling), redlining, different terms, and discriminatory advertising - words, phrases, or symbols showing a preference. Testers and HUD or state complaints drive enforcement; remedies include damages, injunctions, and civil penalties.
Consumer protection. Antitrust law prohibits price fixing, group boycotts, and market allocation among brokers. RESPA Section 8 bars fee splitting for referrals; ECOA and fair lending bar discrimination in credit; Do Not Call and CAN-SPAM govern marketing. Never claim to be an appraiser or guarantee a specific sale price.
Worked example: An ad reads, quiet building, no kids, Christian tenants preferred. That is two violations in one sentence - familial status and religion - regardless of the owner's intent.
Rule of thumb: describe the property, not the people.