Real Estate Practice, Ethics, and Fair Housing
Fair housing
Federal protected classes are race, color, religion, sex, national origin, familial status, and disability. Oregon's statute adds marital status, sexual orientation including gender identity, and source of income. Prohibited conduct includes refusing to rent or sell, offering different terms, discriminatory advertising, steering, blockbusting, redlining, and retaliation. Disability triggers two distinct duties: reasonable accommodation of rules, policies, or procedures, and reasonable modification of the premises, generally at the tenant's expense with restoration obligations.
Exemptions and traps
The federal Mrs. Murphy exemption covers owner-occupied buildings of four or fewer units, and there is a limited exemption for an owner's single-family rental without a broker, but Oregon law is narrower, so verify state rules before relying on any exemption. Advertising that says no children, or steering a family away from a building with a playground, are classic violations. Refusing a housing voucher is source-of-income discrimination in Oregon. Fair housing testers may file complaints with HUD or the state.
Ethics and practice
RESPA Section 8 bars kickbacks and unearned referral fees. Antitrust law bars competitors from agreeing on commissions or splitting markets. Advertising must be truthful and must include the brokerage's registered business name; team names and assumed names must be registered. Respect Do Not Call, disclose material facts, and stay within license scope.
Rule of thumb: if a practice treats two otherwise qualified applicants differently because of who they are or where their money comes from, assume it is a violation until the statute clearly says otherwise.