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Practice Of Real EstateFair HousingHARD

A Delaware landlord owns a four-unit residential building and lives in one of the units. He refuses to rent the remaining units to unmarried couples, citing personal beliefs. He believes he qualifies for the 'Mrs. Murphy' exemption under the federal Fair Housing Act. Which of the following statements best describes the legal situation under Delaware law?

Correct Answer

A) The landlord is exempt from the federal Fair Housing Act but may still be liable under the Delaware Fair Housing Act, which prohibits marital status discrimination.

The federal 'Mrs. Murphy' exemption under the federal Fair Housing Act exempts owner-occupied buildings with four or fewer units from certain federal fair housing requirements. However, this federal exemption does not override Delaware state law. The Delaware Fair Housing Act (6 Del. C. § 4600 et seq.) includes marital status as a protected class, and Delaware's state law may impose obligations that are stricter than federal law. A landlord who is exempt from federal requirements can still be held liable under Delaware's broader state fair housing protections for discriminating based on marital status.

Answer Options
A
The landlord is exempt from the federal Fair Housing Act but may still be liable under the Delaware Fair Housing Act, which prohibits marital status discrimination.
B
The landlord is fully exempt from both federal and Delaware state fair housing laws because he occupies one of the units.
C
The federal Mrs. Murphy exemption fully applies, and the landlord may legally refuse unmarried couples in all circumstances.
D
The landlord may refuse unmarried couples only if the building has fewer than three units and he does not use a real estate agent.

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Related Topics & Key Terms

Key Terms:

fair_housingmarital_statusmrs_murphy_exemptionstate_vs_federalowner_occupiedprotected_classes

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