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44. Based upon these facts, which of the following statements is true?
A woman owned a four-unit apartment building and lived in one of the units. When one of her tenants vacated his apartment, the woman placed an advertisement in the local paper that read as follows: «Large two-bedroom apartment available for rent. White male preferred.» The woman's preference was motivated by the fact that she liked to have a mix of tenants of both genders and from various racial and ethnic backgrounds in her building, and of the remaining rented units, one was rented to a Black man and the other to a Pacific Islander woman.
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Section 3604(a) makes it unlawful «to refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling because of race, color, religion, sex, familial status, or national origin,» or because of handicap under 3604(f). It is also illegal to discriminate in the terms, conditions, or privileges of sale or rental or in the provision of services and facilities (Section 3604(b)), to advertise in a discriminatory manner (Section 3604(c)), or to misrepresent the availability of a dwelling (Section 3604(d)).
D is correct. The federal FHA bars discrimination based on race, ethnicity, religion, national origin, gender, or disability in the sale or rental of a dwelling. 42 U.S.C. § 3604(a). However, there is an exception to this portion of the Act for religious organizations, private clubs, and building owners who have no more than four apartments if one is occupied by the owner. 42 U.S.C. § 3603(b). An additional section of the Act prohibits the printing or publishing of any notice or statement about the rental or sale of a dwelling indicating any preference, limitation, or discrimination based on race, ethnicity, religion, national origin, gender, or disability. 42 U.S.C. § 3604(a). In this case, the woman meets the exception of the Act that would allow her to discriminate in renting her units because she has no more than four units and lives in the building. However, the section of the Act that prohibits publishing a rental preference or discrimination still applies to the woman. Therefore, the woman is not allowed to state any racial or gender preferences in her advertisement under the FHA.
A is incorrect. Although the FHA does make it illegal for an owner to refuse to rent units to prospective tenants because of their race or gender, in this case, the woman meets the exception to the rule. The woman owns a building with only four units, and she occupies one of them. Therefore, this portion of the rule does not apply to her. However, the section of the rule that bars printing any stated race or gender preferences for rental or sale does apply to the woman.
B is incorrect. The woman's motive is irrelevant when applying the FHA provisions to the woman's actions.
C is incorrect. The woman's actions do violate the federal FHA because she published an advertisement that stated a preference for race and gender of the tenant of the rental of the unit.