A city ordinance in a small Arkansas municipality adds sexual orientation and gender identity as protected classes for local housing transactions. A landlord in that city refuses to rent to a transgender applicant. The applicant files a complaint under both the local ordinance and the Arkansas Fair Housing Act. Which statement most accurately describes the legal framework?
Correct Answer
B) The local ordinance may provide additional protections beyond the Arkansas Fair Housing Act, and the complaint could succeed under the local ordinance even though gender identity is not a state-protected class
The Arkansas Fair Housing Act (Ark. Code Ann. § 16-123-201 et seq.) does not include gender identity or sexual orientation as protected classes at the state statutory level. However, local governments in Arkansas may enact ordinances that provide additional protections beyond the state minimum. If the municipality has validly enacted a local fair housing ordinance adding gender identity as a protected class, the complaint could succeed under that local ordinance. The state law and local law operate in parallel, with local law able to provide broader (but not narrower) protections.
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