California Real Estate Salesperson Exam Practice – Quesiton 18

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Question

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According to the provisions of both federal and state civil rights legislation, discrimination due to race, color, creed or national origin in housing is:

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Selections

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A. Unenforceable

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B. Unlawful

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C. Illegal

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D. All of the above

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Answer: D

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5 Keys Summary

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• Discrimination in the sale, rental, and financing of residential real estate based on race, color, or national origin is explicitly defined as unlawful by the federal Fair Housing Act.

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• The Fair Housing Act makes discrimination in advertising, real estate sales, and mortgage lending explicitly illegal.

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• Discriminatory restrictions and covenants, even private ones, are deemed legally unenforceable because court enforcement constitutes a violation of the Fourteenth Amendment, as established by the Supreme Court in Shelley v. Kraemer (1948).

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• State legislation, such as the California Fair Employment and Housing Act (Rumford Act), supports these principles by banning unfair housing practices related to race and color.

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• Because such actions violate legal statutes (making them unlawful/illegal) and related restrictions cannot be enforced by the courts (making them unenforceable), discrimination is comprehensively classified by civil rights legislation as All of the above.

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