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Reviewed by Casa Academy and updated July 29, 2026 using the current DBPR checklist and Pearson VUE scheduling guidance.

Civil Rights Act of 1866

The Civil Rights Act of 1866 is a federal law, codified in 42 U.S.C. § 1982, that prohibits racial discrimination in the sale, rental, and financing of property. Courts have interpreted it to bar discrimination based on race and color without requiring a real estate transaction to involve a broker.

Exam context

Identify race and color discrimination scenarios tied to § 1982. Distinguish the 1866 Act from the Fair Housing Act's broader class list and from state fair housing rules that may add local protected categories.

What the statute protects

Section 1982 guarantees all citizens the same rights to inherit, purchase, lease, sell, hold, and convey property. Unlike some later housing laws, the 1866 Act does not list religion, sex, familial status, or disability as protected classes. Exams often pair it with the Fair Housing Act of 1968, which expanded protected classes and added enforcement through HUD.

Real estate exam relevance

Questions may ask which law applies when a private owner refuses to sell based on race, or when a lender denies a loan for racial reasons. Agents must recognize that steering, blockbusting, and discriminatory advertising violate overlapping federal statutes even when state license rules also apply.

Examples

  • Private seller refusal

    A homeowner advertises a FSBO sale but states they will not sell to buyers of a particular race. Section 1982 may apply even without a broker involved.

  • Lending discrimination

    A lender offers different loan terms based on the borrower's race. Both fair lending laws and civil rights statutes may be implicated alongside license discipline.

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