National X Practice of Real Estate study guide
Fair housing principles and protected classes
A refusal is only one way housing discrimination can happen. An advertisement, a showing, a screening rule or a repair decision can raise the same issue. For an exam question, identify the housing activity, protected basis and governing law before deciding whether an exemption or disability-related request changes the result.
Last reviewed:
The short answer
The federal Fair Housing Act names seven protected classes: race, color, national origin, religion, sex, familial status and disability. Illinois adds protections, including age 40 and older, reproductive health decisions, sexual orientation including gender-related identity, immigration status and lawful source of income. Coverage and exemptions must be checked separately under each law. A change in HUD enforcement guidance is not itself a repeal of a statute or of Illinois rights.
PSI’s June 24, 2026 broker outline places fair housing in National X, Practice of Real Estate. The whole area accounts for 12 of 100 scored national questions, or 12%; that is not a twelve-question allocation to fair housing alone. The outline expressly includes sexual orientation, gender identity, exemptions, prohibited practices, advertising and the ADA. These original questions are selected teaching examples, not official PSI items, a full simulation or a validated readiness test.
Apply the right law to the actual housing decision
- Start with the activity and coverage. Sale, rental, availability statements, advertising, terms and housing services can raise different provisions. A disability-related request may concern an existing tenant, not only an applicant. Identify the dwelling, actor and applicable federal, Illinois and local law; do not assume every exception under one provision removes every other duty.
- Name the protected basis. The federal seven are race, color, national origin, religion, sex, familial status and disability. Illinois protects additional grounds and actual or perceived status under its unlawful-discrimination definition. Its housing list includes age 40 and older and reproductive health decisions. Family responsibilities, citizenship and work authorization appear in employment protections; do not automatically copy that list into housing.
- Separate an exam topic, a statute and an agency policy. PSI expressly names sexual orientation and gender identity. Illinois expressly protects actual or perceived sexual orientation, whose statutory definition includes gender-related identity. The federal statute says sex. HUD’s 2021 implementation memorandum was withdrawn effective September 17, 2025; its September 2025 priorities memo says gender-identity investigations are no longer prioritized. Agency priorities do not themselves settle every court interpretation or repeal Illinois law.
- Test the exact exemption. Federal Section 3603(b)(1) concerns qualifying private single-family sales or rentals, with ownership, broker, advertising and certain sale-frequency conditions. Section 3603(b)(2) separately concerns an owner’s actual residence in a building housing no more than four independent families. Illinois Section 3-106(A) concerns a qualifying private sale, while subsection B addresses qualifying owner-occupied small buildings. Do not combine their different conditions.
- Keep advertising and independent law in the analysis. The federal Section 3603(b) exemptions do not remove Section 3604(c)’s advertising prohibition. Illinois Section 3-106(A) and (B) likewise preserve Section 3-102(F). Section 1982 provides separate race-related property rights for U.S. citizens; the FHA’s private-owner exemptions are not exemptions written into that statute. An exemption is not general permission to discriminate.
- Classify the conduct. Steering directs housing choices because of a protected basis rather than the person’s stated needs. Redlining involves discriminatory access to housing credit or related services because of a protected basis associated with an area. Blockbusting induces a sale or rental for profit through representations about protected groups entering the neighborhood. Different treatment and a discriminatory effect require their respective legal analysis; a rule is not automatically lawful because its wording is neutral.
- Distinguish quid pro quo from a hostile environment. Demanding an unwelcome sexual favor as a housing condition raises quid pro quo concerns. Unwelcome protected harassment that is severe or pervasive can create a hostile environment. Acquiescence does not necessarily make conduct welcome; the totality and actual liability standard matter, rather than a requirement that a resident first suffer a particular financial or physical injury.
- Distinguish the three disability questions. A reasonable accommodation changes a rule, policy, practice or service when necessary for equal housing opportunity. A reasonable modification is a physical alteration. Accessible-design requirements independently apply to qualifying covered multifamily construction. Identify necessity, reasonableness, coverage and cost allocation rather than treating all three as a request to remodel at the landlord’s expense.
- Evaluate an Illinois assistance-animal request under the applicable law. Disability-related need may justify an exception to a no-pet policy. When disability or need is not apparent or known, the Illinois Act permits the specified reliable documentation; it does not authorize a demand for a complete medical file or specific diagnosis. Its therapeutic-relationship definition has no fixed thirty-day minimum. Individually supported statutory denial grounds matter; a label or certificate alone does not decide the request.
- Read current animal policy with its limits. HUD withdrew its 2013 and 2020 animal notices effective September 17, 2025. Its May 22, 2026 enforcement memorandum focuses cause findings and charges on individually trained assistance animals and addresses other trained species in a footnote. That administrative position is not a repeal of Illinois law, a ruling resolving every private FHA case, or an amendment to ADA or Section 504 duties. Housing assistance animals and ADA public-access service animals are different analyses.
- Check public-access duties separately. A real estate office open to the public can raise ADA Title III access, reasonable policy-modification, communication and barrier-removal duties. That is not a rule that every private dwelling is a public accommodation. The governing construction, existing-facility and hardship standards differ; an FHA housing request does not replace the ADA analysis.
- Use lawful source-of-income screening correctly. For covered, nonexempt Illinois housing, a blanket voucher rejection is prohibited. IDHR says a minimum-income rule for a subsidy holder must concern the tenant-paid portion, not the full subsidized rent. Amount, reliability and otherwise lawful reasonable criteria can matter, but uniform application alone does not cure an unlawful discriminatory effect under Illinois Section 3-102(H).
- Check every older-persons condition. Qualifying housing for older persons has a familial-status exemption, not an exemption from all protected classes. The 55-and-older route requires at least 80% of occupied units to have at least one occupant 55 or older, published and followed intent policies, and required age verification. The denominator is occupied units, not the total number of people. A percentage calculation alone does not establish qualification.
- Consider conduct after move-in and after a complaint. Disability access, services and protected harassment can remain relevant during occupancy. Retaliation concerns protected activity, an adverse response and the required connection. A manager’s liability for another resident’s conduct is not automatic; notice, control, available measures and the governing legal standard matter. An administrative policy change is not permission to punish a person for asserting protected rights.
| Question | Rule to identify | Limit to remember |
|---|---|---|
| Federal classes | Race; color; national origin; religion; sex; familial status; disability | PSI also expressly names sexual orientation and gender identity; do not rely on a withdrawn memo as current policy. |
| Illinois additions | See the current IDHR housing list and 775 ILCS 5/1-103 | Age means 40 and older in this definition; employment and housing lists differ. |
| Familial status | Under-18 household relationships, pregnancy and securing legal custody | Written permission matters for a parent’s or legal custodian’s designee; it is not the same as marital status. |
| Accommodation | Change to a policy, practice, rule or service | Necessary and reasonable for equal housing opportunity; a request is not automatic approval. |
| Modification | Physical change to existing premises | Ordinary FHA resident-paid alterations and Section 504 recipient duties are different. |
| 55-and-older housing | 80% of occupied units with at least one 55+ occupant, plus policies and verification | Not 80% of all residents, and not a waiver of all fair-housing rights. |
| Voucher minimum income | Apply an otherwise lawful requirement to the tenant-paid portion | The subsidy is not treated as though the tenant must earn the full rent again. |
The distinctions that matter
| Distinction | How it works | What to notice |
|---|---|---|
| Federal FHA vs. Illinois Human Rights Act | The FHA supplies federal housing protections. Illinois has additional protected grounds and its own coverage and exceptions. A federal exemption does not by itself answer the Illinois question. | Which law, activity and exemption are actually supplied? |
| Familial status vs. marital status | Familial status concerns qualifying households with children under 18, pregnancy and securing custody. Marital status is a separate Illinois protected ground; being married is not a prerequisite for familial-status protection. | A single parent can have familial-status protection. |
| Steering vs. blockbusting vs. redlining | Steering channels housing choices; blockbusting uses representations about protected groups entering an area to induce transactions for profit; discriminatory redlining restricts credit or related access by area because of a protected basis. | Choice of homes, pressure to transact or discriminatory credit access? |
| Accommodation vs. modification | A reserved-parking policy exception is an accommodation. Installing a grab bar is a modification. A physical project can also involve a related policy request, but the concepts do not merge. | Policy or physical premises? Then ask who must pay. |
| Existing-premises request vs. new-construction design | A resident’s modification request is separate from the design and construction duties for covered multifamily dwellings first occupied after March 13, 1991. | Do not infer that every older four-unit building must be fully retrofitted under this design provision. |
| Housing assistance animal vs. ADA service animal | Illinois housing law can protect qualifying emotional-support animals. ADA public-access rules generally concern individually task-trained dogs, with a separate miniature-horse framework. Comfort alone does not make an animal an ADA service dog. | Housing request or access to a public accommodation? |
| Exempt transaction vs. exempt advertisement | An owner may meet a specified private-transaction exemption while remaining subject to the preserved federal or Illinois advertising provision. | An online advertisement is a separate housing activity. |
| Neutral wording vs. lawful effect | Equal wording and uniform enforcement do not alone establish lawfulness. Illinois Section 3-102(H) separately addresses prohibited discriminatory-effect criteria and its statutory standards. | Evaluate effect and justification, not just identical wording. |
| Enforcement memorandum vs. law | An agency memorandum describes an administrative position. Statutes, applicable regulations, court decisions and independent state protections require their own analysis. | Do not turn a withdrawn policy into current law, or a new policy into a legislative repeal. |
Work through the facts
A blanket voucher rejection
A covered, nonexempt Illinois rental rejects every housing-voucher applicant solely because the rent would include a lawful subsidy. No other disqualifying facts are supplied.
- Illinois protects lawful source of income in covered housing.
- This refusal targets the source, rather than evaluating an otherwise lawful reasonable criterion.
- A uniformly applied rule can still have an unlawful discriminatory effect; neutral wording is not a complete defense.
Answer: The supplied blanket voucher exclusion is prohibited source-of-income discrimination.
A parking rule that creates a barrier
At a covered property, a tenant with a mobility disability requests a reserved space near the accessible entrance despite a first-come parking rule. The facts establish a disability-related need, but do not decide all feasibility or burden questions.
- The request seeks an exception to a rule, so it is an accommodation request.
- Review the disability-related need and whether the proposed change is reasonable.
- Do not automatically deny it under the general policy or assume every requested space must be provided regardless of the facts.
Answer: Evaluate a necessary, reasonable policy accommodation; the request is not a completed approval.
An Illinois assistance animal
At a covered Illinois rental, a resident requests an emotional-support animal. The supplied facts establish a qualifying disability, a necessary and reasonable accommodation, reliable documentation satisfying the Illinois Act where required, and no supported statutory ground for denial.
- An emotional-support animal can qualify under Illinois housing law without becoming an ordinary pet.
- Apply the Illinois documentation and individualized denial standards, rather than treating HUD’s 2020 notice as current guidance.
- Pet rent, a pet deposit or special animal-liability insurance is not imposed as the accommodation price. Ordinary responsibility for actual damage remains.
Answer: On these expressly supplied facts, grant the accommodation without pet charges; actual damage is a separate issue.
Three units do not exempt the advertisement
An owner actually lives in one unit of a three-unit building and publishes an online advertisement excluding families with children. No qualifying older-persons housing or other familial-status exception is supplied.
- The size and residence facts may bear on a private-transaction exemption.
- Federal Section 3603(b) preserves Section 3604(c); Illinois Section 3-106(B) preserves Section 3-102(F).
- Do not infer that an exemption from a specified transaction provision also permits this discriminatory advertisement.
Answer: The owner-occupied exemption does not justify the supplied discriminatory advertisement.
Calculate the tenant share first
Assume a covered Illinois rental has monthly rent of $1,800 and an applicable lawful subsidy of $1,200. An otherwise lawful reasonable screening standard asks for income equal to three times the tenant-paid monthly portion. No other income, program or screening issue is supplied.
- Tenant-paid rent is $1,800 - $1,200 = $600.
- Three times $600 is $1,800 in monthly income under this supplied standard.
- Three times the full rent would be $5,400 and would incorrectly ignore the subsidized portion.
Answer: The hypothetical requirement is $1,800, not $5,400. This calculation does not approve an actual screening policy or tenancy.
Count occupied units, then check the other requirements
For this simplified 55-and-older example, all 20 counted units are occupied and all count under the applicable rules. Sixteen have at least one resident age 55 or older. Assume no counting exceptions.
- 16 / 20 = 80%, so the supplied facts meet the age-percentage prong.
- If only 15 counted units qualified, 15 / 20 = 75%, which would fail that prong.
- Published and followed policies showing the required intent and required age verification are additional conditions.
Answer: Sixteen qualifying occupied units meet the numerical prong only; the community is not established as HOPA-qualified by arithmetic alone.
Different private-owner exemptions
A question supplies a qualifying private single-family rental and asks about Section 3603(b)(1). A second question asks whether Illinois Section 3-106(A) alone supplies a private-sale exemption for that rental.
- The federal provision addresses qualifying single-family sales or rentals, subject to all its conditions.
- The Illinois subsection A private-sale text concerns a sale, not a blanket single-family-rental exemption.
- Other Illinois provisions, local law, advertising and independent federal rights still need their own analysis.
Answer: Do not transfer the federal sale-or-rental wording into the Illinois private-sale subsection.
A grab bar and the cost question
Assume the ordinary FHA modification rule applies to an existing rental, the tenant requests a reasonable necessary grab-bar installation, and no Section 504 recipient duty or other payment rule is supplied.
- Installing a grab bar changes the physical premises: it is a modification.
- Under the ordinary FHA rule, reasonable modifications are permitted at the disabled person’s expense, with applicable rental-restoration conditions.
- A different funding or legal setting can change payment duties; a tenant-based voucher alone does not establish that the provider is a Section 504 recipient.
Answer: Classify the alteration first. The supplied ordinary FHA rule does not automatically require the landlord to fund it.
Describe the home, not a preferred race
A broker advertises a covered home by saying applicants of one race will not be considered. The seller tells the broker to keep that restriction. No lawful exception is supplied.
- Advertising and availability rules apply to the housing communication.
- A client’s instruction does not create an exemption from the applicable prohibition.
- Use accurate property and transaction information without the supplied discriminatory exclusion.
Answer: Do not publish or honor the supplied race-based housing exclusion.
An older memo is not current authority
A study note says the HUD 2020 assistance-animal notice remains active guidance in October 2026. A reader asks whether the note proves every current animal request must be handled under that notice.
- The April 6, 2026 Federal Register notice lists the 2020 notice among documents withdrawn effective September 17, 2025.
- HUD’s May 22, 2026 memorandum describes its newer trained-animal enforcement position.
- Underlying statutory rights, Illinois law, private court claims, ADA and Section 504 are separate questions.
Answer: Replace the stale policy claim and explain the limits of the newer enforcement position.
Read every single-family condition
A federal question supplies a private individual with no more than three single-family houses or specified ownership interests. No covered broker or real estate business services are used, no prohibited advertising is used, and permitted title assistance is the only professional help. The owner does not reside in the sold house and was not its most recent resident.
- The supplied facts address several Section 3603(b)(1) conditions, but they do not yet establish the sale-frequency condition.
- The nonresident or not-most-recent-resident branch limits the exemption to one such sale in a 24-month period.
- Do not import this federal sale-or-rental clause into Illinois’s different private-sale text, or infer an independent race-law exemption.
Answer: Check the one-such-sale limit and all remaining applicable law before reaching an exemption conclusion. The facts do not approve an actual sale.
A harassment claim is not a final damages judgment
A teaching problem supplies alleged severe protected tenant-on-tenant harassment, repeated actual notice to a landlord and a failure to take reasonable available steps within the landlord’s control. It asks what Wetzel illustrates at the dismissal stage.
- A housing provider’s alleged inaction can raise its own liability question; the rule is not automatic liability for every resident dispute.
- Wetzel reversed dismissal and remanded on the supplied legal analysis, rather than finding all disputed facts after trial.
- Its sexual-orientation premise was agreed by the parties, and the court did not rely on the broader knew-or-should-have-known regulation to decide the case.
Answer: The allegations can support proceeding with the claim under that limited holding; this is not a final liability or damages award.
Mistakes to avoid
- Memorizing one combined national and Illinois class list. Name the federal seven, then identify the applicable Illinois addition and its actual definition.
- Treating everyone under 40 as protected by the Illinois Act’s age definition. For this definition, age means 40 and older; other protected facts or laws can require separate analysis.
- Calling a voucher rule lawful just because it applies to everyone. Source-of-income protection, tenant-share calculations and discriminatory-effect standards still matter.
- Moving the single-family broker condition into every exemption. Read each subsection. The owner-occupied small-building clause is separate from the federal single-family clause.
- Calling an emotional-support animal an ordinary pet or automatically an ADA service dog. Use the housing law and actual qualifying facts; ADA public-access coverage is a separate question.
- Assuming a withdrawal memo erased the law. A guidance withdrawal or enforcement priority does not itself repeal a statute or Illinois protection.
- Counting 80% of all people for the 55-and-older route. Count qualifying occupied units under the rules, then check intent policies and verification.
- Using a practice percentage as proof of readiness. Explain the legal distinction and practise fresh applications. This selected set has no validated readiness cutoff.
28 questions on coverage, rights and exceptions
These are original teaching questions, not recalled or predicted PSI questions. Answer first, then explain why the other choices fail.
1. Which is one of the seven classes named in the federal Fair Housing Act?
- Familial status
- Credit score
- Education level
- Occupation
Show answer and explanation
Answer: A. Familial status
Familial status is one of the federal seven. The other choices are not among those seven labels; that does not make every decision involving credit, work or education lawful under all applicable rules.
2. A tenant requests a disability-related exception to a no-pet policy. What concept describes the requested change, before deciding whether it qualifies?
- A housing-for-older-persons exemption
- Accessible-design construction
- Reasonable accommodation
- Reasonable modification of the physical premises
Show answer and explanation
Answer: C. Reasonable accommodation
The request changes a rule or policy. Necessity, reasonableness, coverage and the applicable documentation and denial standards remain to be evaluated; identifying the concept is not automatic approval.
3. A tenant asks to install a necessary grab bar. Which concept most directly describes the physical alteration?
- Reasonable accommodation of a screening policy
- Blockbusting
- Source-of-income protection
- Reasonable modification
Show answer and explanation
Answer: D. Reasonable modification
A grab-bar installation alters the premises. That makes modification the direct classification; payment and any connected policy request require separate analysis.
4. For a covered, nonexempt Illinois rental, which protection most directly concerns rejection solely because rent includes a lawful housing voucher?
- Color
- Military status
- Ancestry
- Source of income
Show answer and explanation
Answer: D. Source of income
Illinois source-of-income protection addresses lawful housing assistance. A blanket voucher rejection at a covered nonexempt property cannot be justified merely by calling it a uniform policy.
5. A community actually meets all requirements of the federal housing-for-older-persons exemption. Which protection does that exemption address?
- Race only
- Every FHA protected class
- Disability only
- Familial status
Show answer and explanation
Answer: D. Familial status
The qualifying exemption concerns familial status. It does not remove race, disability or the other applicable protections.
6. Which age is within the Illinois Human Rights Act’s age definition relevant to this housing lesson?
- 25 years old solely because the person can contract
- Every age without a statutory threshold
- 40 years old
- 18 years old solely because the person is an adult
Show answer and explanation
Answer: C. 40 years old
The Act defines age as the chronological age of a person at least 40 years old. Other protected grounds or laws may apply to a younger person, but that does not erase this definition.
7. Which is expressly included in the current Illinois housing protections discussed here?
- Reproductive health decisions
- Family responsibilities automatically because it is an employment ground
- Only a reproductive decision that an owner approves
- Every occupation automatically as a separate housing class
Show answer and explanation
Answer: A. Reproductive health decisions
Illinois expressly protects reproductive health decisions. Do not import an employment-only category or an owner’s approval requirement into the housing list.
8. Which statement best handles sexual orientation and gender identity in an October 2026 Illinois exam lesson?
- Neither topic appears in the PSI outline
- A HUD priority memorandum automatically repeals Illinois protections
- The withdrawn 2021 HUD memo is necessarily current policy
- PSI names both topics, Illinois expressly protects them through its definition, and federal agency policy must be distinguished from statutory and court-law analysis
Show answer and explanation
Answer: D. PSI names both topics, Illinois expressly protects them through its definition, and federal agency policy must be distinguished from statutory and court-law analysis
The current PSI outline explicitly includes both. Illinois sexual-orientation protection includes gender-related identity. The federal statute says sex; a withdrawn agency memo is not current administrative authority, and agency priorities do not themselves repeal state law or decide every court interpretation.
9. Under the federal familial-status definition, a parent’s or legal custodian’s designee has a qualifying child under 18 domiciled with the designee. What additional fact does that branch expressly require?
- That the child has reached age 18
- Written permission from the parent or legal custodian
- That the designee is married
- A real estate license held by the designee
Show answer and explanation
Answer: B. Written permission from the parent or legal custodian
The designee branch expressly requires written permission. Pregnancy and securing legal custody are also addressed, but marriage is not the supplied condition.
10. A qualified housing applicant has a record of an impairment substantially limiting a major life activity. Which is accurate under the federal disability definition?
- A medical diagnosis alone always decides every accommodation request
- Only a mobility impairment can qualify
- The record-of-impairment branch can apply, even though current symptoms are not the only route
- Only an impairment visible at the showing can qualify
Show answer and explanation
Answer: C. The record-of-impairment branch can apply, even though current symptoms are not the only route
The definition includes substantial impairment, a record of such impairment, or being regarded as having it. Current illegal controlled-substance use is excluded from that definition; do not turn that exclusion into a rule that every person in recovery is unprotected.
11. Which fact pattern is steering in a covered housing transaction?
- A broker limits shown neighborhoods because of an applicant’s race rather than the applicant’s stated housing needs
- A broker gives the same accurate available-home list based on the applicant’s requested price and location
- A lender provides the same lawful terms without a prohibited basis
- A broker explains a property’s measured square footage accurately
Show answer and explanation
Answer: A. A broker limits shown neighborhoods because of an applicant’s race rather than the applicant’s stated housing needs
Steering channels housing choices because of a protected basis. Accurate, evenhanded information tied to the person’s expressed criteria is different from the supplied racial direction.
12. A broker seeks a commission by urging owners to sell because a protected racial group is moving into the neighborhood. Which prohibited practice is most directly described?
- Lawful older-persons age verification
- A reasonable modification
- Blockbusting
- An ordinary property inspection
Show answer and explanation
Answer: C. Blockbusting
The supplied facts combine inducing transactions for profit with representations about a protected group entering the neighborhood. An ordinary market discussion without those supplied elements is not the same scenario.
13. In covered housing lending, an area is denied credit because of the race of its residents rather than a lawful credit analysis. What is this discriminatory practice called?
- Redlining
- A lawful rule merely because a map is used
- A familial-status exemption
- Reasonable accommodation
Show answer and explanation
Answer: A. Redlining
The supplied prohibited basis and discriminatory credit access make this redlining. A geographic boundary alone does not establish every element of an actual discrimination claim.
14. An owner actually lives in a three-unit building and claims the federal Section 3603(b)(2) exemption. Does that clause remove Section 3604(c)’s advertising prohibition?
- Yes, because every advertisement is part of the exempt transaction
- No; Section 3604(c) is preserved
- Only if the advertisement is online
- Yes, whenever no broker is used
Show answer and explanation
Answer: B. No; Section 3604(c) is preserved
The Section 3603(b) text expressly excepts Section 3604(c) from its exemption. The advertising medium does not supply the claimed waiver.
15. Which statement correctly distinguishes two federal private-owner provisions?
- The single-family clause has its own broker condition; the owner-occupied small-building clause must be read separately
- The owner-occupied clause permits five independent families
- An owner’s occasional visit automatically proves actual residence
- Every owner-occupied four-family building must satisfy the single-family clause’s three-house ownership test
Show answer and explanation
Answer: A. The single-family clause has its own broker condition; the owner-occupied small-building clause must be read separately
Section 3603(b)(1) and (b)(2) have different conditions. Do not import the single-family broker and ownership tests into the separate small-building clause; actual residence and the no-more-than-four independent-family limit matter there.
16. Does Illinois Section 3-106(A)’s qualifying private-sale text alone provide a blanket exemption for every private single-family rental?
- Yes; one owned house eliminates every Illinois housing provision
- Yes; sale and rental are interchangeable in that text
- Yes; an oral no-broker statement eliminates the advertising rule
- No; that subsection concerns a qualifying private sale
Show answer and explanation
Answer: D. No; that subsection concerns a qualifying private sale
Read the Illinois subsection’s actual sale language. It does not copy the federal sale-or-rental clause, and its preserved advertising limit and independent laws remain separate.
17. A seller meets an FHA private-owner exemption and claims that this alone removes all federal race-related property rights of U.S. citizens. What is the best response?
- Section 1982 concerns only employment wages
- Section 1982 is merely a HUD guidance notice
- Section 1982 is an independent statute; FHA exemptions are not exemptions written into it
- The FHA exemption automatically repeals Section 1982 for that owner
Show answer and explanation
Answer: C. Section 1982 is an independent statute; FHA exemptions are not exemptions written into it
Section 1982 separately protects U.S. citizens’ equal property rights. Jones v. Alfred H. Mayer Co. held it reaches private as well as public racial discrimination in sales and rentals. Do not transfer FHA exemptions into a different statute or decide an actual private case from this short example.
18. An ordinary FHA reasonable-modification rule applies, with no other payment duty supplied. Who ordinarily bears the cost of a permitted reasonable physical alteration?
- Every neighboring tenant in equal shares
- HUD in every rental
- The person with a disability requesting the modification
- The landlord in every housing setting
Show answer and explanation
Answer: C. The person with a disability requesting the modification
The ordinary FHA provision permits reasonable modifications at the disabled person’s expense, with applicable restoration conditions in rentals. Section 504 recipient duties or another law can change the cost analysis; a tenant-based voucher alone does not establish recipient status.
19. Which construction falls within the supplied federal covered-multifamily design definition, assuming all other coverage conditions are met?
- Only the top floor of every building without an elevator
- A four-unit elevator building first occupied after March 13, 1991, with all units within the definition
- Every four-unit building first occupied in 1950 merely because it still exists
- Every detached single-family house without further conditions
Show answer and explanation
Answer: B. A four-unit elevator building first occupied after March 13, 1991, with all units within the definition
Covered multifamily dwellings have four or more units. With an elevator, the definition includes all units; without an elevator, it concerns ground-floor units. First occupancy must be after March 13, 1991, and the actual coverage and exceptions still matter.
20. For a nonapparent disability-related Illinois assistance-animal request, which documentation approach is supported by the Act?
- Use permitted reliable documentation of qualifying disability-related need without demanding a complete medical file or specific diagnosis
- Require every applicant’s entire lifetime medical file
- Invent a universal thirty-day treatment minimum
- Reject every online consultation without examining the actual therapeutic relationship
Show answer and explanation
Answer: A. Use permitted reliable documentation of qualifying disability-related need without demanding a complete medical file or specific diagnosis
Illinois allows the specified verification when disability or need is not apparent or known, with meaningful relationship and knowledge requirements. The text does not impose a fixed thirty-day minimum or categorically invalidate every remote professional relationship.
21. For a qualifying Illinois housing assistance-animal accommodation, which charge statement is correct?
- The resident can never be responsible for actual damage
- Special animal-liability insurance is always a condition of the accommodation
- Pet rent and pet deposits are not imposed, while ordinary responsibility for actual damage remains
- A pet deposit is always required because the animal lives indoors
Show answer and explanation
Answer: C. Pet rent and pet deposits are not imposed, while ordinary responsibility for actual damage remains
The qualifying housing animal is not treated as an ordinary pet for these charges. Actual damage is a separate ordinary responsibility, and special animal-liability coverage cannot be imposed as the accommodation price.
22. Under a supplied otherwise lawful Illinois minimum-income rule, rent is $1,800, the lawful subsidy is $1,200 and the multiplier is three times the tenant-paid portion. What is the hypothetical monthly income requirement?
- $5,400
- $1,800
- $3,600
- $600
Show answer and explanation
Answer: B. $1,800
The tenant share is $600. Three times that share is $1,800. Multiplying the full $1,800 rent by three would ignore the subsidy. This arithmetic does not establish an actual policy’s lawfulness or approve a tenancy.
23. Sixteen of twenty counted occupied units each have at least one resident 55 or older. What has the supplied arithmetic established for the 55-and-older route?
- That 80% of all individual residents are 55 or older
- The 80% age-percentage prong only
- That required intent policies and verification can be omitted
- Every HOPA requirement and every other fair-housing exemption
Show answer and explanation
Answer: B. The 80% age-percentage prong only
16 divided by 20 is 80%. The denominator is counted occupied units. The intent-policy and age-verification conditions remain, and the exemption concerns familial status rather than all classes.
24. An Illinois provider applies a facially neutral rule uniformly. Is that fact alone conclusive that the housing rule is lawful?
- Yes; a written rule overrides protected source-of-income rights
- Yes; uniformity eliminates every discriminatory-effect issue
- No; Illinois Section 3-102(H)’s discriminatory-effect standards still require analysis
- Yes; only a rule expressly naming race can be unlawful
Show answer and explanation
Answer: C. No; Illinois Section 3-102(H)’s discriminatory-effect standards still require analysis
Uniform wording and enforcement do not alone establish lawfulness. The current Illinois text separately addresses a prohibited discriminatory effect and its stated justification and less-discriminatory-alternative standards.
25. Which supplied fact belongs to the federal Section 3607(a) religious-housing exception?
- Qualifying owned or operated noncommercial housing, with the stated organizational relationship and a same-religion preference subject to the membership limit
- Automatic permission for race-based restrictions whenever a religious name is used
- A waiver of every state and local housing law
- Any commercial landlord’s personal preference for one religion
Show answer and explanation
Answer: A. Qualifying owned or operated noncommercial housing, with the stated organizational relationship and a same-religion preference subject to the membership limit
The text concerns qualifying housing owned or operated by the specified religious organization or related nonprofit entity for a noncommercial purpose. The same-religion limit does not apply if membership is restricted because of race, color or national origin. It is not a universal commercial-landlord or all-laws exemption.
26. Under federal Section 3603(b)(1), a qualifying owner does not reside in the house at sale or was not its most recent resident. What additional sale-frequency condition is stated?
- There is no sale-frequency condition for that supplied situation
- The exemption is limited to one such sale in a 24-month period
- Every house must remain vacant for 24 months before sale
- Every private rental is limited to one tenant in 24 months
Show answer and explanation
Answer: B. The exemption is limited to one such sale in a 24-month period
The one-such-sale condition applies in the specified nonresident or not-most-recent-resident situation. All other conditions remain; it is not a general twenty-four-month rental ban or a determination that an actual transaction qualifies.
27. Which statement accurately describes the limited Wetzel landlord-harassment holding taught here?
- Alleged severe protected harassment, actual notice and failure to use available reasonable measures within the landlord’s control supported reversal of dismissal
- Every neighbor disagreement creates strict landlord liability
- The decision relied on and approved every part of HUD’s broader knew-or-should-have-known regulation
- The court awarded final damages after a trial on all facts
Show answer and explanation
Answer: A. Alleged severe protected harassment, actual notice and failure to use available reasonable measures within the landlord’s control supported reversal of dismissal
The case reversed dismissal and remanded. It addressed alleged severe or pervasive protected harassment and available control, not automatic liability for every quarrel. It did not rely on the broader regulation to decide the case or resolve every separate federal coverage issue.
28. A covered landlord makes an unwelcome sexual favor a condition of keeping the tenancy. Which harassment concept is most direct?
- A lawful rent adjustment because the demand was oral
- A HOPA age-verification procedure
- Quid pro quo harassment
- Only a building-design issue
Show answer and explanation
Answer: C. Quid pro quo harassment
An unwelcome sexual demand made a housing condition raises quid pro quo harassment. A severe or pervasive hostile environment is a related but distinct analysis; acquiescence does not necessarily make the demand welcome.
Common questions
What are the seven federal Fair Housing Act protected classes?
Race, color, national origin, religion, sex, familial status and disability. The statute uses the term handicap in its disability provisions; this guide uses disability in ordinary teaching. A protected class is not a special eligibility program: the question is whether the covered housing decision uses a prohibited basis.
Federal coverage, statutory exceptions and independent state or local law remain separate. Credit score, occupation and education are not additional labels in the federal seven, but that does not make every related screen lawful.
Which additional protections does Illinois housing law cover?
The current IDHR housing list includes race, color, ancestry, national origin, physical or mental disability, religion, sex, sexual orientation including gender identity, sexual harassment, age 40 and older, marital status, pregnancy including childbirth and related conditions, reproductive health decisions, military status, unfavorable military discharge, order-of-protection status, arrest record, familial status, immigration status and lawful source of income. Use the Act’s definitions and the applicable provision, rather than treating every phrase as an identically defined standalone category.
Illinois unlawful-discrimination definitions address actual or perceived status. Arrest record is a defined protection, not a promise that all unlawful conduct on the premises must be ignored. Family responsibilities, citizenship, work authorization and conviction record are listed in an employment context; do not automatically import them as separate statewide housing classes. Local protections and exceptions require their own current review.
Are sexual orientation and gender identity tested, and did HUD policy change?
Yes. PSI expressly lists sexual orientation and gender identity. Illinois expressly protects actual or perceived sexual orientation, defined to include gender-related identity. The federal FHA’s statutory class is sex, whose application must be distinguished from an agency’s current enforcement choices.
HUD withdrew the February 11, 2021 implementation memorandum effective September 17, 2025, with notice published April 6, 2026. Its September 16, 2025 priorities memorandum says gender-identity investigations are no longer prioritized. Do not describe the old memo as current policy or infer that these administrative actions repealed Illinois law or resolved every federal court question.
The Seventh Circuit’s 2018 Wetzel decision concerned protected tenant harassment and possible landlord liability. On sexual orientation, the parties agreed to the stated sex-discrimination premise; that was not a separately contested holding settling every current federal coverage issue. The court reversed a dismissal and remanded, rather than awarding damages after a trial.
What does familial status mean?
The federal definition concerns one or more people under 18 domiciled with a parent, a legal custodian, or the parent’s or custodian’s designee with written permission. It also covers pregnancy and securing legal custody of a person under 18. It is not the same as marital status, and a single parent need not be married for this definition to apply.
Family-based exclusions and unreasonable unequal restrictions on housing services can raise the issue. Do not assume every occupancy or safety limit is automatically valid or automatically unlawful without its actual facts and governing standards. A qualifying older-persons exemption has specific conditions.
What qualifies as a disability under the federal housing definition?
The statutory definition includes a physical or mental impairment substantially limiting one or more major life activities, a record of such an impairment, or being regarded as having it. Visibility is not required. A diagnosis, a request and the ultimate accommodation decision are separate matters.
The definition excludes current illegal use of or addiction to a controlled substance. Do not turn that text into a blanket exclusion of everyone with a history of substance-use treatment or recovery. A claimed direct threat or substantial physical-damage risk requires its actual governing standard and individualized evidence, not stereotypes.
How do accommodations, modifications and accessible design differ?
An accommodation changes a rule, policy, practice or service when necessary for equal opportunity to use and enjoy housing. A modification is a physical alteration, such as a grab bar. A request can involve both, but policy and construction duties should be identified separately.
Under the ordinary FHA modification rule, the person with a disability pays for reasonable modifications, with applicable rental-restoration conditions. Other law, including Section 504 duties for a covered recipient, can change who pays. A tenant-based voucher alone does not make the housing provider a Section 504 recipient.
The separate covered-multifamily design provision concerns qualifying dwellings with four or more units first occupied after March 13, 1991. All units in an elevator building, and ground-floor units in a building without an elevator, fall within the defined unit categories, subject to the actual coverage provisions and exceptions. It does not by itself require every older four-unit building or every upper floor without an elevator to be retrofitted.
Can an Illinois tenant request an emotional-support animal despite a no-pet rule?
A qualifying necessary and reasonable Illinois housing accommodation can include an emotional-support animal. A request must be evaluated under the actual disability-related facts and governing law; neither the no-pet policy nor the animal’s label decides it automatically.
When disability or need is not apparent or known, the Illinois Act permits specified reliable documentation from an appropriately qualified source with the required knowledge and therapeutic relationship. It does not require a specific diagnosis or a complete medical file. There is no fixed thirty-day relationship minimum in the definition, and not every remote consultation is categorically invalid. A bare certificate without the required meaningful assessment is different.
The Illinois Act’s denial provisions include an undue financial and administrative burden, a fundamental alteration, or a direct threat to health or safety or substantial physical damage that cannot be reduced or eliminated by another reasonable accommodation. Read the actual conditions and use individualized evidence. Qualifying animals do not attract pet rent, pet deposits or a special animal-liability-insurance condition, although ordinary responsibility for actual damage remains.
Is the HUD 2020 animal notice still current in October 2026?
No. The April 6, 2026 Federal Register notice withdrew the 2013 and 2020 animal notices effective September 17, 2025. HUD’s May 22, 2026 memorandum instead describes an enforcement position focusing cause determinations and charges on individually trained assistance animals. Its footnote addresses other trained species; do not reduce that memo to a universal dog-only rule.
That administrative position does not repeal Illinois assistance-animal law, decide every private FHA court claim, or amend the ADA or Section 504. The memo’s planned rulemaking is not itself an adopted final rule. ADA public-access service-animal rules and ordinary residential housing requests require separate analysis.
Can an Illinois landlord reject all voucher holders or require three times the full rent?
For covered, nonexempt Illinois housing, rejection solely because of a lawful voucher is prohibited source-of-income discrimination. IDHR says a minimum-income requirement for a subsidy holder must be based on the tenant-paid portion, not the full subsidized rent. Its guidance also discusses reasonable lawful criteria and appropriate proof from different income sources.
In the supplied example, $1,800 rent minus a $1,200 subsidy leaves a $600 tenant share. Three times that share is $1,800, not $5,400. The arithmetic does not prove that a particular screen is otherwise lawful. Illinois Section 3-102(H) separately addresses discriminatory effects; a uniform credit or income rule is not automatically lawful.
Providers must cooperate with applicable assistance-program procedures rather than use paperwork or inspection requirements as a reason to exclude the protected source. Accepting the source does not itself require lowering the advertised rent to a program maximum, but changing terms to avoid the protection is a different issue.
What are the federal private-owner exemptions?
Section 3603(b)(1) addresses a qualifying single-family house sold or rented by a private individual who owns no more than three such houses, including the specified ownership interests. It includes the stated restriction on using a broker’s or other covered real estate business services, and preserves the advertising prohibition. Permitted professional help to perfect or transfer title is separately addressed.
For a sale by an owner who does not reside in the house at the time of sale, or who was not its most recent resident before sale, the provision limits the exemption to one such sale in a 24-month period. That sale-frequency condition is not a blanket rule that every private landlord may rent only once in two years.
Section 3603(b)(2) separately concerns rooms or units for no more than four independent families, where the owner actually maintains and occupies one unit as a residence. Do not import the single-family clause’s broker condition into this separate text. Both clauses preserve Section 3604(c), and independent federal, state and local rights require separate analysis.
How do Illinois private-owner exemptions differ?
Section 3-106(A) concerns a qualifying private sale, not a general single-family-rental exemption. Its conditions include no more than three owned houses or the specified interests, the owner or a family member as the last current resident, and the stated restriction on using covered real estate services. It preserves Section 3-102(F)’s advertising rule.
Section 3-106(B) separately concerns rooms or units for no more than four independent families where the owner actually resides in one unit, again preserving the advertising rule. The text limits specified Section 3-102 coverage; do not treat it as a waiver of every Illinois disability provision or other law. An actual property’s exemption is not established just by saying private owner or no broker.
Can an exempt owner publish a discriminatory advertisement?
The private-owner clauses discussed here preserve the federal Section 3604(c) and Illinois Section 3-102(F) advertising prohibitions. An owner-occupied small building is not automatically exempt from those rules. A broker should not assume that a seller’s instruction supplies a lawful exception.
The three-unit example expressly supplies an exclusion of families with children and no qualifying older-persons or other applicable exception. Read the actual protected basis and any separate statutory provision; do not use a transaction exemption as a universal advertising exemption.
Why does the Civil Rights Act of 1866 still matter?
Section 1982 independently gives U.S. citizens equal rights to inherit, purchase, lease, sell, hold and convey real and personal property. In Jones v. Alfred H. Mayer Co., the Supreme Court held it reaches private as well as public racial discrimination in the sale or rental of property. The FHA’s private-owner exemptions are not exemptions written into Section 1982.
Do not describe Section 1982 as a comprehensive replacement for every FHA protected class, or change its citizens language to a claim about every person worldwide. These teaching distinctions do not determine a private case, present-day damages or a filing deadline.
What are steering, blockbusting and redlining?
Steering channels a housing seeker toward or away from housing because of a protected basis. Blockbusting uses representations about protected groups entering an area to induce sales or rentals for profit. Redlining, in the discriminatory lending example here, denies housing credit by area because of a protected basis rather than a lawful credit analysis.
Identify the supplied prohibited basis and conduct. A map, an accurate market report or a discussion of a buyer’s expressed location preference is not automatically proof of every element. Giving false availability information or unequal services can raise separate fair-housing provisions.
Does a neutral screening rule avoid discrimination concerns?
Not automatically. Different treatment because of a protected basis is one issue; a prohibited discriminatory effect can be another. Current Illinois Section 3-102(H) addresses criteria or methods with the specified discriminatory effect where they are not necessary to a substantial, legitimate, nondiscriminatory interest, or where a less discriminatory alternative serves that interest.
A policy’s wording, uniform use or a neutral-sounding explanation does not by itself establish lawfulness. A specific provider, property, criterion, effect, justification and alternative require evidence and the actual governing law; this guide does not approve an actual screen.
How does housing for older persons work?
The federal statute identifies three routes: housing under a qualifying federal or state program that the HUD Secretary determines is specifically designed and operated to assist older people; housing intended for and solely occupied by people 62 or older, subject to applicable statutory and regulatory exceptions; or qualifying 55-and-older housing. The 55-and-older route requires at least 80% of occupied units to have at least one resident 55 or older, published and followed policies showing the required intent, and required age verification.
The 80% test counts occupied units, not every individual resident. In the simplified supplied example, 16 of 20 counted occupied units meets the numerical prong, while 15 of 20 fails it. Do not infer full qualification from the percentage, a senior-housing label or an old amenities requirement. The qualifying exemption concerns familial status, not all fair-housing classes.
Can harassment or retaliation matter after a tenant moves in?
Yes. Housing services, facilities, privileges and protected harassment can remain relevant during occupancy. A provider’s responsibility for another resident’s harassment is not automatic liability for every quarrel. The governing liability standard, protected conduct, severity or pervasiveness, notice, control and available corrective measures matter.
Wetzel reversed dismissal where the alleged severe protected harassment, actual notice and failure to take available reasonable measures within the landlord’s control supported the claim. The court did not rely on the broader knew-or-should-have-known regulation to decide that case. Allegations accepted at the pleading stage are not final trial findings.
Retaliation requires protected activity, an adverse response and the required causal connection. Wetzel explained that its retaliation claim did not need a separate discriminatory-animus element. Do not automatically copy that point into every differently framed interference claim or assume every unfavorable decision after a complaint proves retaliation.
How should I use this practice set and the app?
Answer the question, name the governing law and explain why a changed fact would matter. Revisit the actual rule behind a mistake, then try a fresh application across the full PSI content outline. These selected original questions are not official or recalled PSI questions and have no official passing score or validated readiness cutoff.
If phone practice helps, downloading Pass Illinois is optional. Property Ownership practice is free; full access is paid. The app is exam preparation, not approved pre-license education. You can use this web guide without downloading it.
Do religious organizations or private clubs have a blanket exemption?
No. Federal Section 3607(a) addresses qualifying housing owned or operated by the specified religious organization or a related nonprofit entity for a noncommercial purpose. A same-religion restriction or preference has the stated limit where membership in that religion is restricted because of race, color or national origin. A commercial landlord’s personal preference is not the same exception.
The private-club provision concerns a club not actually open to the public, providing owned or operated lodgings as an incident to its primary purpose for a noncommercial purpose, with the specified member preference. Do not turn that text into an exemption for any business that calls itself a club. Separate Illinois and local rules still require analysis.
Does the ADA make every home a public accommodation?
No. ADA Title III public-access duties must be matched to the facility and activity. A real estate office open to the public can raise access, reasonable policy modifications, effective communication and applicable barrier-removal duties. That does not make every private dwelling a public accommodation or replace FHA and Illinois residential rules.
New construction, alterations and existing-facility duties have different standards. Existing-facility barrier removal concerns what is readily achievable, and communication and policy requests have their own governing limits. ADA service-animal rules generally concern task-trained dogs, with a separate miniature-horse framework; comfort alone does not establish ADA service-dog status. This guide does not approve a particular building’s compliance.
What is the difference between quid pro quo and hostile-environment harassment?
Quid pro quo involves an unwelcome demand or request made a condition of a housing-related opportunity or service. Hostile environment involves unwelcome protected harassment that is severe or pervasive enough under the governing standard to interfere with housing use or enjoyment. They can arise from different facts and need not be collapsed into one test.
Submission or acquiescence does not necessarily make conduct welcome. The totality of circumstances matters; the definitions do not require a particular economic, physical or psychological injury before the issue can arise. The responsible actor and applicable liability basis must still be established.
Does withdrawing guidance mean the underlying statute disappeared?
No. Guidance withdrawal concerns the status of the listed guidance; an enforcement-priority memorandum concerns the agency’s stated administrative approach. Neither action itself amends an Act of Congress, repeals Illinois law, or establishes every court’s interpretation. Check the actual document, date, operative law and decision being asked about.
This guide distinguishes the September 2025 priorities memorandum, the withdrawal effective September 17, 2025 and published April 6, 2026, and the May 22, 2026 animal-enforcement memorandum. Those dates are not interchangeable. A future rulemaking mentioned in a memo is not an already adopted final rule.
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Identify the protected characteristic, covered conduct and applicable exception.
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Official sources and scope
Identified official sources reviewed through October 27, 2026, with exact earlier actual readings identified where reused. Review dates are not new effective dates. Federal statutes, Illinois law, agency priorities and limited court holdings are distinguished. The examples do not decide an actual exemption, application, accommodation, animal request, screen, HOPA qualification, dispute, remedy or filing deadline.
- PSI June 24, 2026 booklet: National X.A fair housing and ADA
- 42 USC 3602: dwelling, disability and familial-status definitions
- 42 USC 3603: private-owner conditions and preserved advertising rule
- 42 USC 3607: religious, club and older-persons provisions
- 42 USC 1982: equal property rights of U.S. citizens
- Jones v. Alfred H. Mayer Co., 392 U.S. 409 (1968)
- 775 ILCS 5/1-103: current Illinois definitions
- IDHR current housing rights and protected grounds
- 775 ILCS 5/3-102: housing conduct, advertising and discriminatory effects
- 775 ILCS 5/3-106(A)-(B): stated exemptions preserve the publication rule
- 775 ILCS 5/3-102.1, Illinois disability accommodation requirements
- IDHR: source-of-income housing protection FAQ
- 310 ILCS 120/5, assistance animal, housing provider, and therapeutic relationship definitions
- 310 ILCS 120/10, documentation, denial, charges, and insurance rules
- Illinois Department of Human Rights, current assistance-animal guidance
- Illinois Department of Human Rights, accommodation costs and animal damage
- HUD withdrawal notice, 91 FR 17291-17292, published April 6, 2026; withdrawal effective September 17, 2025
- HUD September 16, 2025 fair-housing enforcement-priorities memorandum
- HUD FHEO animal-accommodation enforcement memorandum, May22,2026
- 42 USC 3604: covered housing discrimination, accommodations, modifications and design
- 42 USC 3617: coercion, intimidation, threats and interference
- FHA reasonable accommodations
- FHA modifications and restoration limits
- FHA design and construction
- 24 CFR100.7: direct and vicarious liability
- 24 CFR100.600: quid pro quo and hostile-environment harassment
- Wetzel v. Glen St. Andrew Living Community, Seventh Circuit No.17-1322
- DOJ: ADA service animals
- ADA policy changes and service-animal rules
- ADA effective communication and auxiliary aids
- ADA existing architectural barrier removal
- DOJ Germantown Falls leasing-office ADA settlement
- 24 CFR8.24: existing housing program accessibility
- IDHR: accommodation and modification costs
- U.S. Department of Justice: Fair Housing Act overview
This is exam preparation, not advice for a specific transaction. State law and the applicable facts control. Our editorial and corrections process explains how to report an issue.