Disclosures, Fair Housing, and Consumer Protection
Fair housing fundamentals
The federal Fair Housing Act prohibits discrimination in sale, rental, advertising, and brokerage services based on race, color, religion, sex (including sexual orientation and gender identity per current HUD interpretation), national origin, familial status, and disability. State and local ordinances may add classes - confirm the current list rather than assuming.
Exemptions are narrow. The 'Mrs. Murphy' exemption for small owner-occupied multi-family buildings, rooms in an owner-occupied home, and some private-club arrangements exist, but the exemption never licenses discriminatory advertising, and a single-family home sold by its owner without a broker is exempt only with tight conditions. Steering, blockbusting, redlining, and panic selling remain violations regardless of exemption status.
Disability issues. Provide reasonable accommodations (rules, policies, procedures) and permit reasonable modifications at the tenant's expense; you may not ask about the nature or severity of a disability, though you may ask for verification of need in limited circumstances.
Other disclosure duties. Seller's property condition disclosure for residential transfers (with statutory exemptions), agency and brokerage disclosures, lead-based paint for pre-1978 housing (disclosure, EPA pamphlet, and a ten-day inspection opportunity), material known defects, and environmental items such as radon and flood zones. Nebraska also regulates certain stigmatized-property questions - you generally need not volunteer a death or illness, but you may never lie when asked.
Consumer protection. No kickbacks under RESPA, no deceptive advertising, honor Do Not Call rules, and never misrepresent value to obtain a listing.
Worked example
A seller instructs the agent not to mention that a prior occupant had a disability, and asks to 'keep the neighborhood character.' The agent may not filter prospects or steer; the instruction itself is unlawful.
Rule of thumb: if the answer involves screening, sorting, or silence about who may live there, check fair housing first.