A Colorado landlord owns a four-unit residential building and lives in one of the units. He refuses to rent to a lesbian couple, citing personal religious beliefs. The couple files a complaint. Which of the following most accurately describes the legal situation under Colorado law?
Correct Answer
D) The landlord is exempt from the federal Fair Housing Act but is still subject to CADA's sexual orientation protections.
The federal Fair Housing Act contains an exemption for owner-occupied buildings with four or fewer units (the 'Mrs. Murphy' exemption). However, Colorado's CADA does not contain an equivalent broad exemption for small owner-occupied buildings. Colorado law applies to most housing transactions, and sexual orientation is a protected class under CADA (C.R.S. § 24-34-502). Therefore, the landlord may be exempt from federal law but remains subject to Colorado's broader state protections.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Price fixing is an illegal antitrust practice in which competing real estate brokerages agree to charge the same commission rates, fees, or other pricing for their services. It is a per se violation of the Sherman Antitrust Act.
Florida brokers are required to maintain transaction records and escrow records for a minimum of five years.
A tie-in arrangement is an illegal antitrust practice in which a seller conditions the purchase of one product or service on the buyer's agreement to purchase a separate product or service.
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