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David, a licensed salesperson in Fort Smith, Arkansas, recently moved from California where state law protected additional classes beyond the federal seven. He is advising a landlord client who asks whether refusing to rent to unmarried couples is legal in Arkansas. Based on the Arkansas Fair Housing Act, which response is most accurate?

Correct Answer

C) It is not prohibited by the Arkansas Fair Housing Act because marital status is not a state-protected class in Arkansas

Under the Arkansas Fair Housing Act (Ark. Code Ann. § 16-123-201 et seq.), marital status is not a protected class. Arkansas mirrors the seven federal protected classes and has not added marital status at the state statutory level. Unlike California and some other states that explicitly protect marital status, Arkansas does not. Therefore, a landlord's refusal to rent to unmarried couples would not constitute a violation of the Arkansas Fair Housing Act on marital status grounds.

Answer Options
A
It is illegal under the Arkansas Fair Housing Act because marital status is a protected class in Arkansas
B
It is illegal under the Arkansas Fair Housing Act because sex discrimination can be inferred from targeting unmarried couples
C
It is not prohibited by the Arkansas Fair Housing Act because marital status is not a state-protected class in Arkansas
D
It is illegal under the Arkansas Fair Housing Act because familial status protects all household compositions

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Related Topics & Key Terms

Key Terms:

fair_housingmarital_statusprotected_classesarkansas_specificstate_comparison

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