Under the Fair Housing Laws, when is the sale or rental of a single-family home exempt?

• A. The home is owned by an individual who does not own more than three such homes at one time, a broker or salesperson is not used, and discriminatory advertising is not used.
• B. The home is listed with a licensed broker in a multi-city firm.
• C. The home is owned by a corporation with more than ten properties.
• D. The home is sold via an online marketplace only.

Answer: (A)

The exemption exists for private, non-brokered sales or rentals of a single-family home when the owner meets three conditions: the owner does not own more than three such homes at one time, no broker or salesperson is involved, and no discriminatory advertising is used. When all three are satisfied, the transaction is exempt from the Fair Housing Act’s nondiscrimination requirements.

In this scenario, the owner is an individual with three or fewer homes, there’s no broker involved, and there’s no discriminatory advertising. That combination fits the exemption, so the sale or rental can proceed without triggering the Act’s protections.

Using a licensed broker would remove the exemption, since broker involvement brings the transaction under the Act’s requirements. Ownership by a corporation with many properties does not qualify for this private-party exemption, and merely selling through an online marketplace doesn't by itself affect the exemption as long as the three conditions above are met and there’s no discriminatory advertising.