5.4 Fair Housing in Oregon

Federal Fair Housing: The Seven Classes

The federal Fair Housing Act (Title VIII of the Civil Rights Act of 1968, as amended) prohibits discrimination in the sale, rental, and financing of housing based on seven protected classes. Memorize them cold — they appear on both the national and state portions:

Mnemonic: "Religion, Race, Color, National origin, Sex, Disability, Familial status." Race and color were the original 1968 classes; sex was added in 1974; disability and familial status in 1988.

Oregon Adds More Protected Classes

Here is the key Oregon-specific point the state portion tests: ORS 659A.421 protects additional classes beyond the federal seven. Oregon prohibits housing discrimination based on:

Critical exam point — source of income: In Oregon, "source of income" is a protected class. Refusing to rent to a qualified applicant solely because they will pay with a Section 8 voucher or other lawful housing assistance is illegal in Oregon, even though it is not protected under the federal Fair Housing Act. "Source of income" does not include income earned illegally.

Worked example: A landlord advertises "no Section 8" and rejects an otherwise-qualified applicant who would pay rent with a voucher. That is lawful under federal law but a violation of Oregon law because source of income is a protected class. The licensee must never write or honor such an instruction.

Prohibited Practices Every Licensee Must Avoid

The exam expects you to recognize the classic illegal practices, whether motivated by a federal or an Oregon-added class:

Worked example — steering: A buyer asks a licensee, "Which neighborhood has the best schools?" If the licensee answers by steering the buyer toward or away from areas based on the racial or familial makeup of the residents, that is illegal steering. The correct response is to give the buyer objective data sources (school ratings, crime statistics from public sources) and let the buyer decide, without commenting on the protected-class composition of an area.

Disability: Accommodations and Modifications

Trap: A landlord with a "no pets" policy must still allow a tenant's assistance animal as a reasonable accommodation and may not charge a pet deposit for it, though the tenant remains liable for actual damage.

Enforcement: HUD and Oregon BOLI

Fair housing claims in Oregon can be pursued through two channels:

A complainant typically has up to one year to file an administrative complaint with BOLI (and federal deadlines apply to HUD). Remedies can include damages, civil penalties, and injunctive relief; a licensee found to have discriminated also faces OREA discipline under ORS 696.

Exemptions (Narrow)

A few federal exemptions exist (e.g., owner-occupied buildings of four or fewer units, certain single-family rentals by an owner without a broker, and qualified senior housing under the familial-status rules), but discriminatory advertising is never exempt, and a licensee assisting any transaction must comply fully. Oregon's added classes also narrow how much these exemptions help in practice.

Key principle: Start with the seven federal classes, then add Oregon's (sexual orientation, gender identity, marital status, source of income, domestic-violence survivors). When a fact pattern involves a Section 8 voucher or a same-sex couple being turned away, the Oregon-added classes are almost certainly the tested answer. And no matter the class, a licensee must never steer, blockbust, redline, or run discriminatory ads.