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Practice Of Real EstateFair HousingHARD

A Sussex County landlord advertises a beachfront rental property with the phrase 'Perfect for traditional families—ideal for couples seeking a quiet, conservative community.' A prospective tenant who is a single gay man with a housing voucher is discouraged from applying after reading the ad and never submits an application. Under the Delaware Fair Housing Act, which of the following best describes the potential fair housing violations in this advertisement?

Correct Answer

A) The ad may violate Delaware law by suggesting preferences that discourage applicants based on marital status, sexual orientation, and source of income.

Under the Delaware Fair Housing Act (6 Del. C. § 4600 et seq.), it is unlawful to make, print, or publish any statement, advertisement, or notice that indicates a preference, limitation, or discrimination based on a protected class. The phrase 'traditional families' suggests a preference against unmarried individuals (marital status) and potentially against same-sex couples (sexual orientation). 'Conservative community' language could further signal exclusion based on sexual orientation. Additionally, the prospective tenant's housing voucher implicates source of income protection. Critically, a fair housing violation can occur when discriminatory advertising discourages a protected-class member from applying—an actual rejected application is not required. All three implicated classes—marital status, sexual orientation, and source of income—are protected under Delaware state law.

Answer Options
A
The ad may violate Delaware law by suggesting preferences that discourage applicants based on marital status, sexual orientation, and source of income.
B
The ad violates only the federal Fair Housing Act because familial status and sexual orientation are federal protected classes.
C
No violation exists because the ad does not explicitly exclude any protected class and no formal application was rejected.
D
The ad is a violation only if the landlord also verbally confirmed discriminatory intent to the prospective tenant.

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Related Topics & Key Terms

Key Terms:

fair_housingdiscriminatory_advertisingmarital_statussexual_orientationsource_of_incomeprotected_classesstate_specificchilling_effect

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