BROKER RISK MANAGEMENT
WEEKLY PRACTICE TIP
QUESTIONS AND ANSWERS FROM FAIR HOUSING WEBINAR
The following are questions and answers from Broker Risk Management’s Fair Housing webinar held on May 18, 2026.
QUESTION NO. 1: If someone calls you to see your listing but they will not sign a representation agreement, can you show them the property?
ANSWER: Yes. You may show them the property as the listing agent is acting for the benefit of the seller. Be aware that the situation can change if, at any time, you are showing the listing, you and the potential buyer begin discussing your representing that buyer in this or another purchase. At that point, you must obtain a signed buyer representation agreement with that buyer. Also, you cannot show them a different property nor represent the buyer until a buyer representation agreement is signed.
QUESTION NO. 2: Is it appropriate to say, “Within walking distance of XYZ school?”
ANSWER: This is not recommended because a person with a disability may feel that this is discriminatory. A recommended safe response would be “a short distance from XYZ school.”
QUESTION NO. 3: Can you say that the property is in XYZ school district?
ANSWER: Yes. That is a fact and has nothing to do with a protected class. For more information, CAR has a Quick Guide on how to safely discuss schools with buyers.
QUESTION NO. 4: I am listing a property for lease. Can the owner decline to lease to Section 8 tenants based on the fact that the prospective tenant is participating in the Section 8 voucher program?
ANSWER: No. Section 8 tenants are a protected class. CAR has a Quick Guide on how to safely deal with Section 8 tenants.
QUESTION NO. 5: I am listing a property for rent. The owner has no-pet policy. May I enforce that policy?
ANSWER: No. An exception must be made for service animals and emotional support animals (known collectively in the law as “assistance animals). It is recommended that you refer the property owner to an attorney to discuss their prohibition. However, in any case, YOU may not enforce that policy.
QUESTION NO. 6: Can you state that “pets are negotiable” in a rental listing ad?
ANSWER: No. That is discriminatory against emotional support animals or service animals since those animals are not clearly separated from being “negotiable.” See above answer.
QUESTION NO. 7: Does a no-pet policy apply to short-term rentals?
ANSWER: Anti-discrimination laws apply to all rentals, not just long-term. Therefore, emotional support or service animals must be permitted in short-term rentals.
QUESTION NO. 8: If someone wants to enter an open house with an emotional support animal, are you required to let that animal into the house? What if the seller has severe pet allergies?
ANSWER: Yes, you must allow a person with an emotional support animal to enter the house. However, if the seller has severe allergies and cannot tolerate pets in the home, please refer the seller to a qualified local landlord tenant attorney to obtain guidance as to how to address the issue. Instructions from the seller or seller’s attorney to you must be put in writing from the attorney.
QUESTION NO. 9: May I call the family room a family room?
ANSWER: No. That presumes that a family lives or resides there. Family is a protected class in the State of California.
QUESTION NO. 10: May I use the words Jack and Jill bathroom?
ANSWER: No. Those words are no longer used given the gender context.
QUESTION NO. 11: On the webinar, you advised that a seller does not have to sell to an attorney. Is employment or type of employment the same as source of income?
ANSWER: A California appellate court held that attorneys are not a protected class. Source of income is a different characterization and may imply involvement of a protected class. However, if a seller wishes to decline an offer because the buyer is an attorney, the best advice would be to recommend that seller discuss that with a qualified California real estate attorney as there may be a claim of discrimination by that attorney buyer which the seller would have to defend.
QUESTION NO. 12: On my personal Facebook page, I use my married name. Do I still need to have my DRE number on it? Is it okay to use another name?
ANSWER: If your Facebook or other social media page is strictly personal and there is no reference to selling real estate, you can use whatever name you want and you do not have to list your DRE license number. However, if at any point you place any real estate posts on social media, or use social media for business purposes, you must use the name pursuant to which you are licensed and include your DRE license number and the name of your broker.
QUESTION NO. 13: Can you advise or recommend that clients not accept love letters?
ANSWER: Letters from buyers to sellers expressing why they want to purchase seller’s home, known generally as “love letters, are discouraged as many love letters imply or can suggest discriminatory conduct. Those letters can lead the seller into making, or appearing to have made, a decision based on emotion which could be discriminatory. For example, if a seller discriminates against one party, or for another based on the love letter, it could potentially lead to liability. However, if a seller insists on seeing a love letter, the agent must provide it. Document the seller’s preference to see such letters.
QUESTION NO. 14: If there is a credit score of 750 and someone with an emotional support animal has a lower credit score, may the owner reject them?
ANSWER: An owner may reject a tenant based on a non-discriminatory or objective basis. However, the basis for that rejection should be well documented, and the owner must be able to demonstrate a consistent pattern of enforcing that standard with other current or prior tenant applicants otherwise there may be a presumption of discrimination in the present situation. For this reason, it is wise for a rental property owner to have written rental standards which are not discriminatory nor have discriminatory effect.
QUESTION NO. 15: What if there are rental restrictions by the HOA?
ANSWER: HOA rental restrictions must also comply with all fair housing laws. If there are rental restrictions by the HOA, as a lease listing agent you should make reference to the source of the restriction. As an agent for a buyer looking for a property to purchase with the intent to rent, advise the buyer to carefully review the HOA documentation for limits on rentals, including a limitation on the maximum number of units which may be rented at any given time
WEEKLY PRACTICE TIP: DO NOT FORWARD TO CLIENTS. This Weekly Practice Tip is an attorney-client privileged communication for the exclusive use of clients of Broker Risk Management and their agents. It may not be reproduced or distributed without the express written consent of Broker Risk Management LLP. The advice and recommendations contained herein are not necessarily indicative of standards of care in the industry but rather are intended to suggest good risk management practice