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Practice Of Real EstateFair_housingHARD

An Arkansas real estate agent in Texarkana is approached by a buyer who mentions he is gay. The agent, believing the neighborhood would not be welcoming, steers the buyer toward a different neighborhood without disclosing this reason. Under the Arkansas Fair Housing Act specifically, which statement is most accurate regarding the agent's conduct?

Correct Answer

A) The agent has not violated the Arkansas Fair Housing Act because sexual orientation is not a protected class under the state statute, though federal or local protections may apply

Under the Arkansas Fair Housing Act (Ark. Code Ann. § 16-123-201 et seq.), sexual orientation is not a protected class at the state statutory level. Therefore, the agent's conduct would not constitute a violation of the Arkansas state fair housing law on this specific ground. However, candidates should note that the U.S. Supreme Court's Bostock decision and HUD interpretations have extended federal sex discrimination protections to include sexual orientation in some contexts, and local ordinances may also apply. The question asks specifically about the Arkansas Fair Housing Act.

Answer Options
A
The agent has not violated the Arkansas Fair Housing Act because sexual orientation is not a protected class under the state statute, though federal or local protections may apply
B
The agent has violated the Arkansas Fair Housing Act because sexual orientation is a state-protected class in Arkansas
C
The agent has not violated any fair housing law because steering is only prohibited when directed at one of the seven federal protected classes
D
The agent has violated the Arkansas Fair Housing Act under the sex discrimination provision because sexual orientation is a subset of sex

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Related Topics & Key Terms

Key Terms:

fair_housingsexual_orientationsteeringprotected_classesarkansas_specific

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