State and local antidiscrimination laws can differ from federal law. What does USPAP require of the appraiser?
Correct Answer
D) Comply with applicable state and local antidiscrimination laws too
An appraiser must not violate any state or local antidiscrimination laws or regulations applicable to the appraiser or the assignment; those laws may protect additional characteristics or prohibit additional practices.
Why This Is the Correct Answer
Option D is correct because USPAP states that an appraiser must not violate any state or local antidiscrimination laws or regulations applicable to the appraiser or to the assignment. Compliance with federal law alone does not satisfy this duty where state or local law adds protections.
Why the Other Options Are Wrong
Option A: Follow federal law alone, since it preempts state and local law
Option A says to follow federal law alone because it preempts state and local law. USPAP expressly requires compliance with applicable state and local antidiscrimination laws, which may add protections beyond federal law.
Option B: Follow state law when the client is a state agency, otherwise not
Option B applies state law only when the client is a state agency. Applicability depends on the laws governing the appraiser and the assignment, not on the identity of the client.
Option C: Disclose state law differences in the report, but follow federal law
Option C discloses state law differences but follows federal law. Disclosure does not substitute for compliance; the appraiser must not violate applicable state and local antidiscrimination laws.
Federal floor, local layers
Federal antidiscrimination law sets a base, and state and local laws can add layers the appraiser must also follow.
How to use: Use this image when a question asks which antidiscrimination laws apply to an appraiser.
Exam Tip
Choose the answer that requires compliance with all applicable antidiscrimination laws, not just federal law.
Common Mistakes to Avoid
- -Assuming federal law displaces state antidiscrimination protections
- -Believing disclosure substitutes for compliance
- -Tying state law applicability to who the client is
Concept Deep Dive
Analysis
This question tests USPAP's treatment of state and local antidiscrimination laws. USPAP requires appraisers not to violate state or local antidiscrimination laws applicable to the appraiser or the assignment. Those laws may protect additional characteristics or prohibit additional practices beyond federal law.
Background Knowledge
The Ethics Rule's nondiscrimination provisions address federal law and also state and local laws. State and local laws can cover additional protected characteristics or practices, so appraisers need to know the rules where they work.
Real-World Application
An appraiser works in a city whose ordinance protects source of income. She makes sure her neighborhood descriptions and analysis avoid any reliance on that characteristic, in addition to complying with federal fair housing protections.
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According to USPAP, what is the primary purpose of the Ethics Rule?
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Which list gives the sections of the 2024 USPAP Ethics Rule?
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