Fair Housing & Discrimination Advisory – Questions & Explanations

1. What is the purpose of the Fair Housing & Discrimination Advisory?
   The advisory educates buyers, sellers, landlords, and tenants about their legal obligations under federal and California fair housing laws. It reminds all parties that discrimination in housing-related transactions is prohibited.
2. Which laws does this advisory reference?
   It references the federal Fair Housing Act, the California Fair Employment and Housing Act (FEHA), and related state/local ordinances that prohibit housing discrimination.
3. What types of discrimination are illegal under these laws?
   Discrimination based on race, color, religion, sex, gender, gender identity, sexual orientation, marital status, national origin, ancestry, familial status, disability, source of income, genetic information, veteran or military status, and other protected classes is illegal.
4. Does this advisory apply only to sellers, or also to landlords?
   It applies to both. Sellers must comply when selling homes, and landlords must comply when renting housing. The advisory ensures that both parties understand their responsibilities.
5. Can a seller refuse to sell to someone because of personal bias?
   No. A seller cannot refuse an offer based on a protected characteristic. Decisions must be based on financial and contractual terms, not personal attributes of the buyer.
6. Are real estate agents also subject to fair housing laws?
   Yes. Brokers and agents must provide equal professional service to all clients and avoid discriminatory practices in advertising, negotiations, or client representation.
7. What about buyer “love letters” to sellers—are they a fair housing risk?
   Yes. Buyer letters that include personal details (family photos, religion, ethnicity, etc.) can expose sellers and agents to discrimination claims. Brokers often advise against using or reviewing them.
8. Can landlords set different rental terms based on a tenant’s source of income?
   No. Under California law, landlords cannot discriminate against tenants who use Section 8 or other housing assistance programs.
9. How do disability accommodation requests fit into fair housing laws?
   Landlords and sellers must make reasonable accommodations or allow reasonable modifications for persons with disabilities, such as service animals or wheelchair ramps.
10. What are examples of illegal discriminatory advertising?
    Ads that state preferences like “no children,” “Christian home,” or “ideal for single professionals” violate fair housing laws. Marketing must describe the property, not the preferred type of tenant or buyer.
11. Can a seller select an offer that isn’t the highest if they prefer the financial terms?
    Yes, as long as the decision is based solely on lawful financial or transactional reasons (like a quicker close, fewer contingencies) and not on a buyer’s protected characteristics.
12. What happens if an agent or seller violates fair housing laws?
    Violations can lead to civil lawsuits, monetary damages, penalties, disciplinary action by the Department of Real Estate (DRE), and loss of license.
13. What should an agent do if a client asks them to discriminate?
    The agent must refuse to follow discriminatory instructions. Brokers often advise documenting the conversation and explaining to the client why the request is unlawful.
14. Does fair housing law apply to roommates or shared housing situations?
    In some cases, yes. However, there are limited exemptions for owner-occupied single-family homes or shared living situations, though advertising rules still apply.
15. Does the advisory protect buyers and tenants from harassment during a transaction?
    Yes. Harassment, intimidation, or creating a hostile environment based on protected class status is also considered discrimination and is unlawful.