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Practice Of Real EstateFair_housingHARD

A property management company in Georgia has been adding questions about applicants' immigration status and family planning intentions to its rental applications. Several affiliated licensees have been using this modified application. What is the supervising broker's responsibility under BRRETA for this practice?

Correct Answer

A) The broker bears supervisory responsibility for fair housing violations committed by affiliated licensees under the broker's supervision.

Under BRRETA (O.C.G.A. § 43-40-18), supervising brokers have a duty to supervise the activities of their affiliated licensees. Questions about immigration status and family planning intentions implicate national origin and familial status protections under both federal and Georgia fair housing law. Because the broker has an affirmative duty to establish policies, review practices, and ensure compliance, the broker bears supervisory responsibility for these violations. Additionally, GREC can impose license discipline under O.C.G.A. § 43-40-25(a)(22) for failing to exercise adequate supervision.

Answer Options
A
The broker bears supervisory responsibility for fair housing violations committed by affiliated licensees under the broker's supervision.
B
The broker has no responsibility because the affiliated licensees independently chose to use the modified application.
C
The broker is responsible only if it can be shown the broker had actual knowledge of the modified questions.
D
The broker's exposure is limited to monetary fines and does not extend to license discipline by GREC.

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Related Topics & Key Terms

Key Terms:

BRRETAsupervisory liabilityGAR formsimmigration status

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