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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
A
There is no violation because the landlord did apply an income requirement, even if inconsistently
B
The violation is based on sexual orientation, as the income requirement was applied selectively to discriminate against a protected class
C
The violation is based on lawful source of income, because the landlord compared different income levels
D
The violation requires proof of intentional discrimination, which cannot be established from these facts alone

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Related Topics & Key Terms

Key Terms:

fair_housingsexual_orientationdisparate_treatmentselective_applicationexpert_trap

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