California Real Estate Salesperson Exam Practice – Quesiton 18

Question

According to the provisions of both federal and state civil rights legislation, discrimination due to race, color, creed or national origin in housing is:

Selections

A. Unenforceable

B. Unlawful

C. Illegal

D. All of the above


Answer: D


5 Keys Summary

• Discrimination in the sale, rental, and financing of residential real estate based on race, color, or national origin is explicitly defined as unlawful by the federal Fair Housing Act.

• The Fair Housing Act makes discrimination in advertising, real estate sales, and mortgage lending explicitly illegal.

• Discriminatory restrictions and covenants, even private ones, are deemed legally unenforceable because court enforcement constitutes a violation of the Fourteenth Amendment, as established by the Supreme Court in Shelley v. Kraemer (1948).

• State legislation, such as the California Fair Employment and Housing Act (Rumford Act), supports these principles by banning unfair housing practices related to race and color.

• Because such actions violate legal statutes (making them unlawful/illegal) and related restrictions cannot be enforced by the courts (making them unenforceable), discrimination is comprehensively classified by civil rights legislation as All of the above.

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