Fair housing protected classes, the seven the exam will test you on.
The federal Fair Housing Act protects seven classes, and the Texas Fair Housing Act mirrors them. Here they are, with the prohibited acts, the exemptions, and the traps the exam likes to set.
The seven federal protected classes are race, color, religion, national origin, sex, familial status, and disability. The Texas Fair Housing Act (Property Code Chapter 301) protects the same seven and adds no statewide classes. Discriminatory advertising is never exempt.
The original protected class under the Civil Rights Act of 1866 and the Fair Housing Act.
Distinct from race; protects against discrimination based on skin color or complexion.
Covers religious belief, practice, and observance.
Country of birth, ancestry, ethnicity, or language.
Added in 1974. Protects against discrimination based on a person's sex.
Households with children under 18, pregnant persons, and those securing custody. Added in 1988.
Physical or mental disability; includes reasonable accommodations and modifications. Added in 1988.
The discriminatory acts the exam names.
Each of these is prohibited when based on a protected class. The exam often asks you to identify the act from a scenario.
Steering
Directing buyers or renters toward or away from neighborhoods based on a protected class, even if framed as helpful.
Blockbusting
Inducing owners to sell by suggesting people of a protected class are moving into the area (also called panic selling).
Redlining
Refusing or restricting loans, insurance, or services in an area based on the protected makeup of the residents.
Refusing to deal
Refusing to sell, rent, negotiate, or making housing unavailable because of a protected class.
Different terms or services
Offering different prices, terms, conditions, or services because of a protected class.
Discriminatory advertising
Stating a preference, limitation, or discrimination based on a protected class in any advertisement.
How Texas treats fair housing.
The Texas Fair Housing Act mirrors the federal law. A few narrow exemptions exist, but they fall away when a license holder is involved or advertising is discriminatory.
Is the Texas Fair Housing Act different from the federal law?
No, in substance. The Texas Fair Housing Act (Texas Property Code Chapter 301) mirrors the federal Fair Housing Act and protects the same seven classes. Texas does not add statewide protected classes beyond the federal list, though some local ordinances add classes such as source of income, age, or veteran status.
What are the main exemptions?
Limited exemptions exist, including the sale or rental of a single-family home by an owner who owns three or fewer homes and does not use a broker or discriminatory advertising, and owner-occupied dwellings of four units or fewer (the 'Mrs. Murphy' exemption). Religious organizations and private clubs may also limit occupancy in some cases. Discriminatory advertising is never exempt, and exemptions do not apply when a real estate license holder is involved.
Does fair housing cover sexual orientation and gender identity?
Sexual orientation and gender identity are not among the seven statutory federal protected classes. A 2021 HUD memo interpreted the ban on sex discrimination to include them, but federal enforcement of that interpretation was scaled back beginning in 2025. Some Texas local ordinances separately protect sexual orientation, gender identity, source of income, age, or veteran status. For the exam, focus on the seven federal classes and remember that local protections can add more.
Spot the fair-housing issue.
Three scenarios in the style the exam uses. Tap to reveal the answer.
1. A rental ad reads "perfect for mature adults, no children." What is the violation?+
Answer: familial status discrimination. Households with children under 18 are a protected class, and stating "no children" is discriminatory advertising, which is never exempt, even for an otherwise-exempt owner.
2. An agent tells a buyer, "you'll feel more comfortable on the east side, that's where families like yours live." Steering or blockbusting?+
Answer: steering. Steering directs a buyer or renter toward or away from areas based on a protected class. Blockbusting is different: inducing owners to sell by suggesting people of a protected class are moving in.
3. An owner of two homes sells one herself with no broker. May she advertise "prefer a Christian family"?+
Answer: no. The single-family owner exemption can apply to the transaction, but discriminatory advertising is never exempt. A stated religious preference in the ad violates fair housing regardless of the sale exemption.
When a scenario raises an exemption (single-family owner sale or the owner-occupied "Mrs. Murphy" rule), check two things before applying it: was a license holder involved, and was there discriminatory advertising? Either one defeats the exemption.
Connect fair housing to the rest of the exam.
For the deep dive on the prohibited acts and the narrow exemptions, see fair housing violations and exemptions. Disability access splits by property type in the ADA guide (commercial versus residential). Fair housing also shows up through conduct and advertising: advertising rules (discriminatory ads are never exempt), standards of conduct and discipline, and duties to clients and fair treatment.
Frequently asked questions
How many federal fair housing protected classes are there?+
Seven: race, color, religion, national origin, sex, familial status, and disability. Race and color came first in 1968, sex was added in 1974, and familial status and disability were added by the 1988 amendments.
What is the difference between steering and blockbusting?+
Steering is guiding a buyer or renter toward or away from areas based on a protected class. Blockbusting is convincing owners to sell, often cheaply, by suggesting that people of a protected class are moving in. Both are prohibited under fair housing law.
Who enforces fair housing in Texas?+
At the federal level, HUD enforces the Fair Housing Act. In Texas, the Texas Workforce Commission Civil Rights Division administers the Texas Fair Housing Act. Complaints can generally be filed with either agency.
Does the exam test the protected classes by year added?+
It can. A common question asks which class was added by the 1988 amendments: the answer is familial status and disability. Knowing the original 1968 classes versus the later additions is worth memorizing.
Where does fair housing fit on the Texas exam?+
Fair housing is part of the national portion and appears in Texas practice questions on standards of conduct and agency. The Pass Texas app drills it across 1,377 Texas-specific questions for one $59.99 purchase.