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Updated over 1 year ago on . Most recent reply

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Mike Schorah
  • Rental Property Investor
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Could a realtor refuse to rent a room in their personal home to certain individuals?

Mike Schorah
  • Rental Property Investor
Posted

I was reading that realtors are held to a MUCH HIGHER standard than the general public regarding discrimination.

Not trying to offend anyone in 2023 here. Hopefully “certain individuals” isn’t offensive to any left-wing extremists here. I tried to make it sound as polite as possible.

But would renting out a room in their PERSONAL RESIDENCE fall under fair housing or is that law just for non-owner occupied housing?

Also, what actual and punitive damages would be awarded if a realtor got sued by one of these potential renters?

Would the Government sue for a realtor not renting a room in their personal residence to potential renters?

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Andrew B.
  • Rockaway, NJ
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Andrew B.
  • Rockaway, NJ
Replied

This is an extremely odd way to phrase the question but I'll answer anyway.

Discrimination is actually legal as long as you're not discriminating against a protected class. For example, you can discriminate against smokers or dog owners but you cannot discriminate against someone based on religion or race. 

Owner occupied units have a carved out exception which allows them to discriminate against protected classes. For example, a female who is renting out a spare unit may be legally allowed to choose not to rent to men, since she is living in the unit. 

Being a real estate agent would likely not change an owner occupants rights but it would be in the best interest of the agent in that scenario to ask their broker and do some legal research. Laws can vary by state and municipality.

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