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Real Estate: Fair Housing and Consumer Protection

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Fair Housing and Consumer Protection

Fair Housing Law

The federal Fair Housing Act prohibits discrimination based on race, color, religion, sex, national origin, familial status, and disability. Know the prohibited acts: refusing to rent/sell, different terms, discriminatory advertising, blockbusting, steering, and redlining. Disability provisions require reasonable accommodations and reasonable modifications at the tenant's expense (with some exceptions for common areas).

Advertising and Screening Traps

Ads must not state a preference based on a protected class; phrases like "adults only" or "no children" can violate familial status rules (with limited housing-for-older-persons exceptions). Screening criteria must be applied consistently. Steering-directing buyers to certain neighborhoods-is prohibited even if unintentional.

Consumer Protection

Understand RESPA (disclosure of settlement costs, prohibition of kickbacks/unearned fees), Truth in Lending (disclosure of credit terms), and the Do-Not-Call and CAN-SPAM rules for marketing. Also know state consumer protection statutes and the duty to disclose material defects.

Worked Example

A landlord tells a family with children that the second-floor unit is "not suitable for kids" and shows them only the ground floor. This is steering/familial status discrimination, even if the landlord believes the unit is unsafe; the family must be allowed to decide.

Rule of Thumb

If a policy or statement treats people differently because of a protected characteristic-or has that effect-assume it is a violation unless a specific legal exception applies.