Fair housing laws for Florida real estate licensees
Last reviewed: November 2026
The federal Fair Housing Act and the Florida Fair Housing Act are part of exam area VII, federal and state laws, which carries 3% of the Florida sales associate exam. The core topics are the protected classes, named practices such as steering and blockbusting, and who is exempt. The key point for a licensee: the single-family owner exemption disappears once a real estate licensee is involved.
Seven protected classes
| Federal Fair Housing Act (HUD; 42 U.S.C. 3604) | Florida Fair Housing Act (s. 760.23, F.S.) |
|---|---|
| Race, color, national origin, religion, sex, familial status, disability (the federal text says "handicap") | The same seven: race, color, national origin, sex, disability, familial status, religion |
- Familial status means a child under 18 living with a parent, a legal custodian or their written designee (s. 760.22(6)). It also protects anyone who is pregnant or in the process of getting legal custody of a minor (s. 760.23(6)).
- Not on the list under either act: marital status, age (apart from the senior-housing rules below), occupation or source of income.
- The Civil Rights Act of 1866 gives all citizens the same right as white citizens to buy, sell, lease and hold property (42 U.S.C. 1982). That section lists no exemptions.
Prohibited practices
Under s. 760.23 and 42 U.S.C. 3604, it is unlawful, because of a protected class, to:
- refuse to sell, rent or negotiate after a bona fide offer, or otherwise make a dwelling unavailable;
- set different terms, conditions or services;
- publish any notice or advertisement that shows a preference, limitation or discrimination;
- say a dwelling is not available for inspection, sale or rental when it is;
- deny access to a multiple-listing service or a brokers' organization (s. 760.24).
Steering
Steering means restricting a buyer's or renter's choices to keep or create segregated housing patterns. Examples include discouraging someone from looking in a neighborhood, exaggerating drawbacks, saying they "would not be comfortable" there, or assigning people to a particular floor or section (24 CFR 100.70(c)).
Blockbusting
Blockbusting means trying, for profit, to get owners to sell or rent by suggesting that people of a protected class are moving into the neighborhood (s. 760.23(5); 42 U.S.C. 3604(e)). It is also called panic selling.
Redlining
Redlining means refusing loans, or offering worse terms, because of where a property is located and who lives there. The statutes do not use the word. They prohibit discrimination by lenders and anyone in residential real estate transactions, including selling, brokering and appraising (s. 760.25; 42 U.S.C. 3605). HUD rules add refusing or varying property or hazard insurance (24 CFR 100.70(d)(4)).
Disability: modifications, accommodations, design
- A landlord must allow reasonable modifications at the tenant's expense (s. 760.23(9)(a); 42 U.S.C. 3604(f)(3)(A)). Under the federal act, in a rental the landlord may, where reasonable, require the tenant to agree to restore the interior when leaving (42 U.S.C. 3604(f)(3)(A)).
- Housing providers must make reasonable accommodations in rules and policies (s. 760.23(9)(b)).
- Covered multifamily dwellings for first occupancy after March 13, 1991, must have accessible design features (s. 760.23(10)). "Covered" means buildings of 4 or more units with an elevator, or ground-floor units in buildings of 4 or more without one (s. 760.22(2)).
Exemptions
| Exemption | Conditions |
|---|---|
| Single-family house sold or rented by its owner | Owner holds no more than 3 such houses; no real estate licensee or anyone in the business of selling or renting dwellings; no discriminatory advertising. A non-resident owner gets this exemption for only one sale in 24 months (42 U.S.C. 3603(b)(1); s. 760.29(1)(a)1.) |
| Owner-occupied small building | No more than 4 families living independently, and the owner lives in one unit (3603(b)(2); 760.29(1)(a)2.) |
| Religious organizations | May give preference to members for non-commercial housing, unless membership is restricted by race, color or national origin (3607(a); 760.29(2)) |
| Private clubs | May limit non-commercial lodging to members (3607(a); 760.29(2)) |
| Housing for older persons | Exempt from familial status only: all residents 62+, or 55+ housing where at least 80% of occupied units have one person 55 or older and published policies show that intent (3607(b); 760.29(4)) |
Even exempt owners may not publish discriminatory advertising: the federal exemption does not cover s. 3604(c). Race discrimination is also barred by 42 U.S.C. 1982.
Complaints and ADA basics
In Florida, a complaint goes to the Florida Commission on Human Relations, in writing, within 1 year after the alleged practice (s. 760.34(2)).
The Americans with Disabilities Act is a separate civil rights law. Title I covers employers with 15 or more employees. Title III covers businesses and nonprofits serving the public, and commercial facilities such as office buildings must meet the ADA Standards for Accessible Design (ADA.gov). The Fair Housing Act covers dwellings; the ADA covers employment, government services and places open to the public.
Other area VII topic: security deposits
Area VII also covers Florida landlord-tenant deposits. If the landlord does not intend to claim the deposit, it must be returned within 15 days after the rental agreement ends. A claim must be noticed within 30 days (s. 83.49(3)(a), F.S.).
Exam traps
- Marital status is not a protected class under either act.
- Using a licensee ends the single-family owner exemption.
- Blockbusting needs a profit motive; steering is about channeling buyers.
- Senior housing is exempt only from the familial status rules.
Practice question
An owner of two single-family rental homes lists one with a broker and tells the broker not to rent to families with children. Which is correct?
A) The owner is exempt because he owns fewer than four houses. B) The instruction is legal if the ad does not mention it. C) The exemption is lost because a licensee is used, so following the instruction violates fair housing law. D) Familial status is protected only under Florida law.
Answer: C. The single-family exemption applies only without a licensee's services (s. 760.29(1)(a)1.a.; 42 U.S.C. 3603(b)(1)). Familial status is protected under both acts.
Test yourself
The free Florida practice test includes protected classes and Florida deposit rules, each with an explanation. Related topics: Florida license law and brokerage relationships. For more area VII questions and timed exams, see the paid question bank.
Sources: ss. 760.22, 760.23, 760.24, 760.25, 760.29, 760.34, 83.49, F.S.; 42 U.S.C. 1982, 3603, 3604, 3605, 3607; 24 CFR 100.70; HUD "Housing Discrimination Under the Fair Housing Act"; ADA.gov "Introduction to the ADA". Real Estate Drill is an independent study tool, not legal advice. We are not affiliated with FREC, DBPR, Pearson VUE, HUD or the Florida Commission on Human Relations.