Quick answer
The federal Fair Housing Act names race, color, national origin, religion, sex, familial status, and disability. Narrow exemptions cover some owner-occupied buildings, qualifying owner-handled single-family transactions, religious organizations, private clubs, and housing for older persons. The private-owner exemptions in Section 3603 do not excuse discriminatory advertising, and federal race-discrimination law can apply even when a Fair Housing Act exemption does.
Practice of Real Estate carries 12 percent of the national portion and fair housing is the heaviest part of it. Almost nobody loses points on the list of protected classes. People lose marks on the scenario where an exemption might apply, because the exemptions are narrower than they look.
The seven classes
Race, color, religion, national origin, sex, familial status, disability.
Two are worth a second look.
Familial status means households with children under 18, and it also covers pregnant people and anyone in the process of securing custody. It does not mean marital status. A landlord refusing to rent to unmarried couples is not violating the federal Act on familial status grounds, though state or local law may say otherwise.
Disability carries additional reasonable-accommodation and modification duties. A reasonable modification changes the physical premises, with cost rules that depend on the housing and governing program. A reasonable accommodation changes a rule, policy, practice, or service when needed for equal use and enjoyment. An assistance-animal exception to a no-pets rule is an accommodation, not a modification, and the animal is not treated as a pet for that analysis.
The prohibited acts
Refusing to sell or rent, setting different terms, false statements about availability, and the three named practices:
- Steering. Directing people toward or away from areas based on a protected class. It can happen through claimed helpfulness. An agent who only shows a family with children the neighborhoods with playgrounds is steering.
- Blockbusting. Inducing sales by suggesting a protected class is moving in and values will fall. Also called panic selling.
- Redlining. Refusing loans or insurance in an area based on its composition.
Exam trap
Steering rarely appears in a question as open hostility. It appears as an agent trying to be helpful, matching people to where they will "feel comfortable." A friendly motive does not make protected-class steering lawful. Use the consumer's stated, neutral criteria and let the consumer choose.
The exemptions, and how narrow they are
The owner-occupied small-building exemption. Section 3603(b)(2), often called the Mrs. Murphy exemption in exam material, covers rooms or units in a dwelling occupied or intended for no more than four independent families when the owner occupies one unit. Unlike the single-family exemption, its statutory text does not make no-broker involvement an element. Section 3604(c) advertising and statement restrictions remain outside this exemption, and other federal, Georgia, local, licensing, and professional rules can still apply.
Qualifying owner-handled single-family homes. Section 3603(b)(1) has detailed ownership and transaction conditions. In the standard exam scenario, the private individual owns no more than three single-family homes, uses no broker or agent and no prohibited sales facilities, and uses no discriminatory notice, statement, or advertisement. If the owner was not the most recent resident, the one-sale-in-24-month limit also matters. Apply every fact given rather than treating "for sale by owner" as enough.
Religious organizations and private clubs. May limit occupancy in property they own and operate for non-commercial purposes to their own members, provided membership is not itself restricted by race, color or national origin.
Housing for older persons. May exclude children if it qualifies, either as 62 and over, or as 55 and over with at least 80 percent of occupied units having a resident aged 55 or more, published policies demonstrating the intent, and age verification.
Now the part the exam is actually testing:
The rule
Broker or agent involvement defeats the Section 3603(b)(1) single-family exemption. It is not a stated element of the Section 3603(b)(2) owner-occupied four-family exemption, the religious-organization or private-club provisions, or housing for older persons. A licensee must still follow the laws and Georgia license rules that apply personally and must never accept a discriminatory instruction as ordinary brokerage work.
The Section 3603 private-owner exemptions expressly leave Section 3604(c) in place, so they do not authorize a discriminatory housing notice, statement, or advertisement. Lawful housing-for-older-persons marketing and religious or club occupancy provisions have their own statutory analysis, which is why "advertising is never exempt under any provision for any reason" is too broad.
The 1866 Act, which changes the answer
42 U.S.C. Section 1982, rooted in the Civil Rights Act of 1866, protects the same right to purchase, lease, sell, hold, and convey property without race discrimination. The Supreme Court confirmed in Jones v. Alfred H. Mayer Co. that it reaches private conduct. The Fair Housing Act's private-owner exemptions do not create a race-discrimination exemption from Section 1982.
This is why a question can describe a perfect Mrs. Murphy scenario and still have a violation in it. If the discrimination was based on race, the 1866 Act reaches it regardless of the Fair Housing Act exemption.
Georgia has its own Fair Housing Act, administered by the state, which mirrors the federal protections. A Georgia licensee is answerable under federal law, state law, and the Georgia Real Estate Commission's own rules, so a fair housing violation is three problems rather than one. The duty to deal honestly with everyone in the transaction runs alongside this, and the agency guide covers where it comes from.
Continue with prohibited fair housing conduct and fair housing advertising, ADA access, accommodations, and modifications. The glossary entry for steering has the exam distinction, and the trap library collects the distractors this topic generates.
Check yourself
1. An owner lives in one unit of a three-unit building she owns and rents the other two herself, with no agent and no advertising. She refuses to rent to an applicant because of the applicant's religion. Is this lawful under federal law?
Show the answer
Answer: B. The Mrs. Murphy exemption covers owner-occupied buildings of four units or fewer, and no discriminatory advertising or statement appears in these facts. Note that if the refusal had been based on race, the Civil Rights Act of 1866 would still reach it.
2. Which act is not excused by the Section 3603 private-owner exemptions?
Show the answer
Answer: B. Sections 3603(b)(1) and (2) leave Section 3604(c) in force, so their private-owner exemptions do not excuse discriminatory statements, notices, or advertising.
3. An agent shows a Hispanic couple homes only in neighborhoods with a large Hispanic population, believing they will prefer it. What has the agent done?
Show the answer
Answer: C. Directing buyers toward areas based on a protected class is steering, and a good motive does not change it.
4. A tenant who uses a wheelchair asks the landlord for permission to install a ramp at the tenant's own cost, and asks for an assigned parking space near the entrance. How are these treated?
Show the answer
Answer: C. A physical change to the property is a modification, usually at the tenant's expense. A change to rules or policies, such as assigning a parking space, is an accommodation.
FAQ
Are sexual orientation and gender identity separately named federal Fair Housing Act classes?
The statute lists sex, not sexual orientation or gender identity as separate words. Whether particular conduct is sex discrimination depends on controlling law and current agency or court interpretation, and HUD program rules or state and local laws may add protection. For the PSI protected-class list, use the seven classes printed in the federal statute and current HUD overview.
Is age a protected class?
Not under the federal Fair Housing Act. Familial status protects households with children, and housing for older persons is an exemption rather than a protection. Some state and local laws add age.
Can a landlord ask whether an applicant has a disability?
A housing provider should not ask every applicant whether they have a disability or demand a diagnosis. When a person requests an accommodation or modification and the disability or disability-related need is not apparent, the provider may seek the limited reliable information permitted by current law. Full medical records are generally not necessary.
Who enforces fair housing in Georgia?
HUD enforces federal law. Georgia has its own fair housing law and its own enforcement, and a licensee who violates either is also answerable to the Georgia Real Estate Commission under its license law.