What background knowledge is needed for this Practice Of Real Estate question?

Connecticut added sexual orientation as a protected class in its fair housing statutes well before the federal government provided any such protection, reflecting the state's longstanding commitment to LGBTQ+ civil rights. The state's Human Rights and Opportunities Act, which predates and supplements federal law, has included sexual orientation protections since 1991, making Connecticut one of the earliest states to explicitly protect gay, lesbian, and bisexual individuals in housing transactions. This history is important because it means Connecticut licensees cannot rely solely on federal Fair Housing Act knowledge — they must know the state's expanded protected classes, which include sexual orientation as a standalone basis for discrimination claims.

What is a good way to remember the answer to this Practice Of Real Estate question?

Remember the phrase 'THE POLICY IS THE PRETEXT' to recognize disparate treatment scenarios on the exam — whenever a landlord has a stated neutral rule but applies it only to a protected-class member who actually meets the rule, the rule itself is being used as a cover for discrimination. Visualize a scale where both applicants are weighed, but the landlord secretly puts a thumb on the scale only when the protected-class applicant steps on it. This image of the hidden thumb represents the selective enforcement that transforms a neutral policy into discriminatory conduct.

What exam tip applies to this Practice Of Real Estate question?

In disparate treatment questions, always compare the treatment of the protected-class applicant to the treatment of the similarly situated non-protected applicant — the contrast between how David (gay, $80K) and James (straight, $60K) were treated is the entire case. The exam will often give you a question where the discriminatory policy sounds neutral on the surface, and your job is to spot the inconsistent application, which is the smoking gun of disparate treatment. Look for any fact pattern where the stated rule was not applied equally, because that inconsistency almost always points to the correct protected class and the correct legal theory.

How does this Practice Of Real Estate concept apply in real world practice?

Consider David, a gay man earning $85,000 annually, who calls a Hartford landlord about a two-bedroom apartment. The landlord tells David the unit requires a $75,000 minimum income and implies he likely won't qualify. Two days later, David's straight friend James — earning $58,000 — calls the same landlord and is invited to tour the unit and offered a lease application. David, having recorded the landlord's income statement to him, files a CHRO complaint. The CHRO investigator finds that the landlord's own stated income threshold was not applied to James, and the only distinguishing factor between the two applicants was sexual orientation, resulting in a finding of discrimination and a significant financial penalty against the landlord.

Practice Of Real EstateFair_housingHARD

A Connecticut landlord advertises a unit as available but tells a prospective tenant who is a gay man that the apartment requires a minimum annual income of $75,000. The same landlord told a heterosexual applicant with an income of $60,000 that the unit was available and offered him a lease. The gay applicant earns $80,000 annually. Under Connecticut law, which of the following most accurately describes the fair housing violation?

Correct Answer

B) The violation is based on sexual orientation, as the income requirement was applied selectively to discriminate against a protected class

Under CGS §§ 46a-64b through 46a-64c, sexual orientation is a protected class under Connecticut's Fair Housing Act. The facts demonstrate disparate treatment: the landlord applied a $75,000 income requirement to the gay applicant (who earned $80,000 and would have qualified), while offering a lease to a heterosexual applicant earning only $60,000 — below the stated threshold. This selective application of a facially neutral policy to exclude a member of a protected class is textbook disparate treatment discrimination based on sexual orientation. The gay applicant's income exceeded the stated requirement, making the pretextual nature of the policy clear.

Answer Options

There is no violation because the landlord did apply an income requirement, even if inconsistently

The violation is based on sexual orientation, as the income requirement was applied selectively to discriminate against a protected class

The violation is based on lawful source of income, because the landlord compared different income levels

The violation requires proof of intentional discrimination, which cannot be established from these facts alone

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