Are there limits on compensating for discriminatory terms and conditions under the FHA?

• A. There are no limits; any discriminatory term can be compensated.
• B. Yes; discriminatory terms and conditions (like higher rents or deposits based on protected status) are illegal.
• C. Only if the landlord agrees.
• D. Only in cases of housing discrimination based on race.

Answer: (B)

Under the Fair Housing Act, terms and conditions of housing cannot be discriminatory. That means pricing, deposits, and other rental or sale terms cannot be set or offset based on someone’s protected status (race, color, religion, sex, national origin, familial status, or disability). There aren’t any valid ways to “compensate” for discrimination—the law prohibits discriminatory terms regardless of any offset or agreement. And the protection isn’t limited to race; it covers all protected classes. So discriminatory terms are illegal overall, making compensation for them improper.