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Practice Of Real EstateFair_housingHARD

A Connecticut landlord owns a duplex and lives in one unit. He refuses to rent the other unit to an applicant who uses a housing voucher, citing the federal Fair Housing Act's owner-occupied exemption as his defense. Under Connecticut law, which of the following is the most accurate assessment of his legal position?

Correct Answer

C) His position is invalid because Connecticut's lawful source of income protection applies independently of federal exemptions

Connecticut's Fair Housing Act (CGS §§ 46a-64b through 46a-64c) provides independent state-level protections that go beyond the federal Fair Housing Act. The federal owner-occupied exemption (sometimes called the 'Mrs. Murphy' exemption) may excuse certain federal fair housing obligations for small owner-occupied buildings, but it does not override Connecticut's state-specific protections. Connecticut's prohibition on discrimination based on lawful source of income applies under state law regardless of whether a federal exemption might otherwise apply. The landlord cannot use a federal exemption to escape Connecticut state fair housing liability.

Answer Options
A
His position is valid because the federal owner-occupied exemption applies in Connecticut and overrides state fair housing law
B
His position is valid because Connecticut adopts all federal Fair Housing Act exemptions without modification
C
His position is invalid because Connecticut's lawful source of income protection applies independently of federal exemptions
D
His position is invalid because owner-occupied exemptions only apply to buildings with more than four units

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Related Topics & Key Terms

Key Terms:

fair_housinglawful_source_of_incomeowner_occupied_exemptionfederal_vs_statepreemption

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