Real Estate Broker License Exam Federal and State Real Estate Law and Fair Housing Syllabus

Federal and State Real Estate Law and Fair Housing syllabus — full chapter and topic list

Expand any chapter to see its topics and sub-topics. This is the whole examinable outline for Federal and State Real Estate Law and Fair Housing in Real Estate Broker License Exam, not a summary of it.

1. 1

   Fair Housing and Equal Opportunity

   5 topics

   • Federal Fair Housing Act and protected classes
     • Race, color, religion, national origin
     • Sex, familial status, and disability
   • Prohibited practices
     • Steering, blockbusting, and redlining
     • Discriminatory advertising
   • Reasonable accommodations and modifications for disability
   • Exemptions and enforcement (HUD complaints and penalties)
   • Americans with Disabilities Act (ADA) in real estate
2. 2

   State Licensing Law and Regulatory Authority

   5 topics

   • Real estate commission powers and rulemaking
   • Licensing requirements and maintenance
     • Broker qualification and experience requirements
     • Continuing education and renewal
   • License suspension, revocation, and disciplinary process
   • Recovery fund / guaranty fund claims
   • Reciprocity and license portability
3. 3

   Disclosure Obligations and Consumer Protection

   4 topics

   • Property condition / seller disclosure statements
   • Material defect and latent defect disclosure
   • Stigmatized property and psychological impact rules
   • Do Not Call, CAN-SPAM, and advertising compliance
4. 4

   Environmental Compliance

   4 topics

   • Hazardous substances disclosure
     • Lead-based paint (Title X) disclosure
     • Asbestos, radon, and mold
   • CERCLA liability and innocent landowner defense
   • Underground storage tanks and contaminated sites
   • Wetlands, flood zones, and the National Flood Insurance Program

Federal and State Real Estate Law and Fair Housing flashcards for Real Estate Broker License Exam

22 of 52 cards from the Federal and State Real Estate Law and Fair Housing deck — real questions with worked answers.

1. What are the seven protected classes under the federal Fair Housing Act?

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

2. Which two protected classes were added to the Fair Housing Act by the 1988 Fair Housing Amendments Act?

   Familial status and disability (handicap).

3. Under the Fair Housing Act, what does 'familial status' protect?

   Households with one or more children under 18 living with a parent or legal guardian, and also protects pregnant women and people in the process of securing custody of a minor.

4. What is the original federal statute that prohibits ALL racial discrimination in the sale or rental of property, with no exemptions?

   The Civil Rights Act of 1866.

5. What U.S. Supreme Court case upheld the Civil Rights Act of 1866's ban on racial discrimination in housing?

   Jones v. Alfred H. Mayer Co. (1968).

6. Define 'steering' as a prohibited practice under fair housing law.

   Channeling or directing prospective buyers or renters toward or away from particular neighborhoods based on a protected class, limiting their housing choices.

7. Define 'blockbusting' (panic peddling) under fair housing law.

   Inducing owners to sell or rent by suggesting that people of a particular protected class are moving into the neighborhood, often to profit from the resulting turnover.

8. Define 'redlining' as a prohibited practice.

   The refusal by a lender or insurer to make loans or provide services in certain geographic areas based on the racial or ethnic composition of the area, rather than the applicant's qualifications.

9. Under fair housing law, what is a 'reasonable accommodation' for a person with a disability?

   A change in rules, policies, practices, or services that gives a person with a disability equal opportunity to use and enjoy a dwelling (e.g., allowing a service animal despite a no-pets policy).

10. Under fair housing law, what is a 'reasonable modification' for a person with a disability, and who typically pays for it?

    A structural change to existing premises (e.g., installing a wheelchair ramp or grab bars) needed for full use of the dwelling; the tenant generally pays in private housing, though the landlord must permit it.

11. Who pays for reasonable accommodations vs. reasonable modifications in private rental housing under the Fair Housing Act?

    The landlord absorbs the cost of a reasonable accommodation (policy change); the tenant typically pays for a reasonable modification (physical alteration), and may be required to restore the unit on move-out.

12. Must a landlord allow a service or assistance animal even with a 'no pets' policy?

    Yes. Service and assistance (support) animals are not 'pets' under the Fair Housing Act; allowing them is a reasonable accommodation, and no pet deposit may be charged for them.

13. What design and construction accessibility requirements apply to multifamily dwellings of 4+ units built for first occupancy after March 13, 1991, under the Fair Housing Act?

    Covered units must meet seven accessibility requirements (e.g., accessible entrance, usable doors, accessible routes, reinforced bathroom walls for grab bars, usable kitchens/bathrooms) so they are adaptable for people with disabilities.

14. What is the 'Mrs. Murphy' exemption under the Fair Housing Act?

    An owner-occupied dwelling of four or fewer units is exempt from many FHA provisions (but never from the ban on discriminatory advertising or racial discrimination under the 1866 Act).

15. Does the single-family home sale-by-owner exemption apply if a real estate broker is used?

    No. The exemption is lost if a broker, agent, or any discriminatory advertising is used; it also requires the owner not own more than three such homes at one time.

16. Which Fair Housing Act prohibition has NO exemptions, applying even to 'Mrs. Murphy' landlords and FSBO sellers?

    The prohibition on discriminatory advertising (and racial discrimination under the Civil Rights Act of 1866).

17. What is the '55 or older' (HOPA) exemption to the familial status protection?

    Housing for Older Persons qualifies for an exemption if at least 80% of occupied units have one occupant 55 or older and the community publishes/adheres to policies demonstrating intent to house older persons.

18. Which federal agency enforces the Fair Housing Act and receives housing discrimination complaints?

    The U.S. Department of Housing and Urban Development (HUD).

19. What is the deadline to file a housing discrimination complaint with HUD after the alleged violation?

    Within one year of the discriminatory act.

20. What is the deadline to file a private civil lawsuit in federal court for a Fair Housing Act violation?

    Within two years of the discriminatory act.

21. What is the maximum civil penalty HUD/the ALJ can impose for a FIRST Fair Housing Act violation by a respondent?

    Up to $16,000 for a first offense (statutory base figure, adjusted for inflation); higher amounts apply for repeat violations within set time periods.

22. What does the Americans with Disabilities Act (ADA) Title III require of real estate in terms of public accommodations?

    Places of public accommodation and commercial facilities must remove architectural barriers where readily achievable and ensure goods/services are accessible to people with disabilities.

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