All 19 subjects

Subject 9 of 19

Human Rights and Fair Housing

Federal, state, and local anti-discrimination duties, protected characteristics, prohibited conduct, exemptions, advertising, and bias awareness.

3 chapters 12 lessons 5 free practice questions

Read the rule, try the recall check, then continue to the next lesson.

Chapter 1

Federal protections

Learn how federal fair housing law developed, what it prohibits, how disability protections work and where narrow exemptions end.

1How federal fair housing protections developed

Exam rule

Housing discrimination did not begin in 1968. Segregation and unequal access had already shaped neighborhoods, ownership and family wealth. The Civil Rights Act of 1866 protected equal property rights against racial discrimination, a century before the Fair Housing Act arrived. Three cases mark the turns. Plessy v. Ferguson accepted separate but equal treatment in 1896, Buchanan v. Warley rejected government racial zoning in 1917, and Brown v. Board of Education rejected school segregation in 1954. The Civil Rights Act of 1964 reached public accommodations and jobs. It was not the Fair Housing Act. Title VIII of the Civil Rights Act of 1968 became that Act, and Jones v. Mayer confirmed that the 1866 law reaches private racial discrimination as well. The 1968 Act first covered race, color, religion and national origin, the Housing and Community Development Act of 1974 added sex, and the Fair Housing Amendments Act of 1988 added familial status and handicap. Federal materials now use disability for the statutory word handicap. The seven federal classes are race, color, religion, national origin, sex, familial status and disability. Familial status includes pregnancy and households with a child under 18 in legal custody.

Why it matters

The timeline explains why several federal laws can apply to one housing case. It also keeps the original classes separate from later additions.

New York scenario

A question lists age with the seven federal classes. Age is protected by New York law, but not among the federal seven.

Common misconception: Do not treat the 1964 Act as the Fair Housing Act. Also count race and color as separate federal classes.

Check your recall

What did the Civil Rights Act of 1866 protect?

It protected equal property rights and bars racial discrimination in property transactions.

What did the 1974 and 1988 changes add?

The 1974 law added sex. The 1988 law added familial status and handicap, now commonly called disability.

What are the seven federal protected classes?

Race, color, religion, national origin, sex, familial status and disability.

2Federal acts that count as discrimination

Exam rule

Federal law covers home sales, rentals and many related services. A provider may not refuse a home because of a protected class, and different prices, deposits, lease terms, services, facilities or amenities can break the law just as easily. False statements about availability are banned. So are biased ads and notices. The law reaches housing loans, mortgage terms, appraisals and brokerage services. Harassment may make a home unavailable or change its terms, and threats, coercion, interference and retaliation are banned as well. A violation can happen before an application, during a tenancy or after a complaint. Fair housing testers compare how providers treat people with similar profiles. A tester need not plan to rent or buy before gathering evidence.

Why it matters

The law covers more than a final refusal. Compare each person's access, facts, terms and service during the whole process.

New York scenario

An agent tells one caller that an apartment is gone. A similar caller receives a showing because of national origin. That unequal information can violate federal law.

Common misconception: A final deal is not needed. A lie about an open home or an unfair showing can break the law.

Check your recall

Name four federal housing violations.

Refusal, unequal terms, false availability and discriminatory advertising are four examples.

Which related services does federal law cover?

It covers housing lending, mortgage terms, appraisals and brokerage access.

What does a fair housing tester compare?

A tester compares the treatment of people with similar profiles but different protected characteristics.

3Disability, accommodation, modification and access

Exam rule

Federal law uses three tests for disability. The first is a physical or mental impairment that substantially limits a major life activity, the second is a record of such an impairment, and the third is being regarded as having one. Current illegal use of a controlled substance is excluded. Past addiction or recovery is not, and alcohol use disorder can qualify. A direct-threat decision needs an individualized assessment on reliable, objective evidence rather than fear or stereotypes. It must also weigh whether a reasonable accommodation would address the risk. An accommodation changes a rule, policy, practice or service. A modification physically changes a home or common area. A request needs no special form or legal phrase. Clear disability and need do not call for extra medical details, though reliable facts may confirm a need that is not clear. A provider may discuss effective alternatives. Undue financial or administrative burden can justify denial, and so can a fundamental alteration. An assistance animal supports an accommodation and is not a pet, so no pet fee may be charged merely because one lives there. Under the usual federal rule the requester pays for a physical modification. New York requires providers to pay for reasonable changes to common-use areas. Other laws and existing design duties can also change who pays, and reasonable interior restoration terms may apply. Covered multifamily housing first occupied after March 13, 1991 must meet federal design rules. Those rules cover accessible routes, common areas, doors, controls, bathroom walls, kitchens and bathrooms. They reach every unit in an elevator building with four or more units, and ground-floor units in similar buildings without elevators. The Americans with Disabilities Act, or ADA, can also cover a public leasing office. The ADA and Fair Housing Act can overlap. They are not interchangeable. Start with the request. Then check cost, proof and the building's design duty.

Why it matters

These questions use four steps. Name the rule, sort the change, find who pays and check the home's design duty.

New York scenario

A tenant asks to keep an assistance animal despite a no-pets rule. That is an accommodation, not a physical modification.

Common misconception: Do not charge a pet fee for an assistance animal. Do not assume the requester always pays for a required design correction.

Check your recall

How do an accommodation and modification differ?

An accommodation changes a rule or service. A modification physically changes the property.

Which multifamily homes face the federal design rules?

Covered buildings with four or more units that were designed and constructed for first occupancy after March 13, 1991.

Is current illegal controlled-substance use a federal disability?

No. Past addiction or recovery may still receive protection when the other requirements are met.

4Federal exemptions and New York limits

Exam rule

Federal exemptions are narrow, so start with the property and the owner's role. One may cover an owner-occupied building housing no more than four independent families. Another may cover certain owner sales of single-family homes, but only when the owner holds no more than three such houses at one time. An owner who does not live in the house gets one such sale in any twenty-four month period. The same limit reaches an owner who was not its most recent resident. Using a real estate broker, agent or salesperson defeats the exemption. Using an attorney, escrow agent or title company to transfer title does not. Federal discriminatory advertising remains prohibited even then. Religious organizations and private clubs have narrow lodging exceptions. Housing for older persons affects familial status only; it never gives a provider permission to discriminate on another protected ground. One type houses only people age 62 or older. A separate route covers qualifying government programs designed and operated to assist elderly people. The 55-or-older route has an 80 percent test. At least 80 percent of occupied units must house someone age 55 or older, and the housing also needs qualifying policies, intent and sound proof of age. New York's owner-occupied exception is narrower than the federal four-family rule. Some refusal and terms rules exempt only an owner-occupied building with no more than two families. New York still bans discriminatory advertising and inquiries there, and it has narrow room-sharing and same-sex room rules of its own. Current illegal drug use is an exclusion from federal disability protection. That exclusion does not permit discrimination on another protected ground. Recovery may be protected. Alcohol-related disability can be protected. Neutral conduct rules and direct-threat analysis can still apply. To test any claimed exemption, identify the law first, then ask which home, which act and which protected class the facts involve.

Why it matters

An exemption may remove one claim while another law still applies. Always identify the law, property, conduct and protected class.

New York scenario

An owner lives in one unit of a three-family building. A federal exemption may apply, but New York's two-family limit does not.

Common misconception: Do not carry the federal four-family number into a New York question. Do not assume an exemption allows a biased advertisement.

Check your recall

What is the federal owner-occupied building limit?

The building may house no more than four independent families, with the owner in one unit.

What is New York's comparable owner-occupied limit?

Its narrow exception covers certain provisions for an owner-occupied building with no more than two families.

What does the 55-or-older exemption require?

At least 80 percent of occupied units must house someone age 55 or older. Qualifying policies and intent, and reliable age verification, are also required.

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