Fair Housing & Anti-Discrimination Law

Deep dive into federal fair housing law covering all seven protected classes, prohibited conduct, exemptions, sexual harassment liability, disability accommodations, HUD enforcement, and landmark case studies with damages awarded.

8 Units

20 minutes per unit

Curriculum Map

What You Will Learn

Seven Protected Classes

Race, color, religion, sex, national origin, familial status, and disability — the statutory framework and how courts interpret each category.

Prohibited Conduct

Steering, blockbusting, redlining, discriminatory advertising, and sexual harassment — with HUD enforcement actions and ALJ decisions.

Enforcement & Remedies

HUD complaint process, DOJ pattern-or-practice cases, private litigation, and the damages and penalties in landmark settlements.

All Units

20 minutes

Fair Housing Act Foundations: History and Protected Classes

Examines the Fair Housing Act's legislative origins, the seven protected classes, and the statutory framework governing discrimination in residential real estate transactions.

•Trace the legislative history of the Fair Housing Act and its amendments from 1968 to 1988
•Identify the seven federally protected classes under 42 U.S.C. § 3604 and their scope of coverage
•Apply protected class definitions to transaction scenarios involving borderline or intersectional characteristics

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20 minutes

Prohibited Conduct: Steering, Blockbusting, Redlining, and Discriminatory Advertising

Examines the specific prohibited practices under the Fair Housing Act, including steering, blockbusting, redlining, and discriminatory advertising, with reference to enforcement actions and regulatory guidance.

•Distinguish between steering, blockbusting, and redlining as distinct statutory violations under the Fair Housing Act
•Identify facially neutral practices that constitute discriminatory advertising under 42 U.S.C. § 3604(c)
•Analyze real estate marketing and transaction practices for compliance with HUD's advertising guidelines and case law

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20 minutes

Exemptions and Exceptions: Mrs. Murphy, Religious Organizations, and Private Clubs

Examines the limited exemptions to the Fair Housing Act, including owner-occupied dwellings, religious organizations, and private clubs, with emphasis on the restrictions and forfeiture provisions that limit exemption availability.

•Identify the conditions under which the Mrs. Murphy exemption, religious organization exemption, and private club exemption apply
•Determine when an exemption is forfeited through the use of discriminatory advertising or real estate broker services
•Apply exemption requirements to transaction scenarios involving owner-occupied dwellings and institutional housing providers

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20 minutes

Sexual Harassment in Real Estate Transactions

Examines sexual harassment as a form of sex discrimination under the Fair Housing Act, including quid pro quo and hostile environment theories, third-party liability, and the duties of housing providers to prevent and remedy harassment.

•Distinguish between quid pro quo and hostile environment sexual harassment under the Fair Housing Act
•Identify the scope of housing provider liability for third-party harassment, including maintenance workers and other tenants
•Apply the severe or pervasive standard from Title VII case law to housing discrimination claims

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20 minutes

Disability Discrimination and Reasonable Accommodations

Examines the Fair Housing Act's disability discrimination prohibitions, including the duty to permit reasonable modifications and accommodations, with specific focus on assistance animals, accessibility requirements, and verification standards.

•Apply the three-prong definition of disability under the Fair Housing Act and distinguish covered impairments from excluded conditions
•Determine when a requested accommodation or modification is reasonable and when it imposes an undue burden or fundamental alteration
•Evaluate assistance animal requests under HUD guidance, including verification requirements and limitations on breed or species restrictions

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20 minutes

Familial Status Protections: Children, Occupancy Standards, and Housing for Older Persons

Examines familial status protections under the Fair Housing Act, including permissible occupancy standards, the housing for older persons exemption, and restrictions on child-based exclusions and stereotyping.

•Identify the scope of familial status protections, including coverage of pregnant women and persons securing custody
•Apply HUD's occupancy standards guidance and the Keating Memorandum to evaluate whether occupancy limits violate the Fair Housing Act
•Determine when a housing community qualifies for the housing for older persons exemption under 42 U.S.C. § 3607(b)

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20 minutes

HUD Enforcement and Complaint Process

Examines the enforcement mechanisms under the Fair Housing Act, including HUD's administrative process, DOJ intervention, private rights of action, and the range of remedies available to prevailing parties.

•Trace the administrative complaint process from filing through investigation, conciliation, and administrative hearing
•Distinguish between HUD administrative enforcement, DOJ civil actions, and private civil litigation as enforcement mechanisms
•Identify the remedies available in Fair Housing Act cases, including compensatory damages, civil penalties, and injunctive relief

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20 minutes

Case Studies in Fair Housing Violations

Examines representative enforcement actions, consent decrees, and litigated cases to illustrate how Fair Housing Act violations are proven, litigated, and remedied in practice.

•Analyze enforcement actions and consent decrees to identify the factual patterns that establish liability under the Fair Housing Act
•Evaluate the remedies imposed in settled and litigated cases, including compensatory damages, civil penalties, and injunctive terms
•Apply lessons from real-world cases to recognize and prevent discriminatory conduct in real estate practice

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