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Practice Of Real EstateFair HousingMEDIUM

A property manager in Hilo refuses to show available units to a prospective tenant because the tenant has HIV/AIDS. Under Hawaii's fair housing law, which protected class is the basis for a potential discrimination claim?

Correct Answer

B) Disability, because HIV/AIDS is recognized as a disability under Hawaii and federal fair housing law

HIV/AIDS is recognized as a disability under both federal fair housing law and Hawaii's HRS Chapter 515. Refusing to rent or show property to a person because of HIV/AIDS status constitutes disability discrimination. The Hawaii Civil Rights Commission and courts have consistently held that HIV/AIDS falls within the definition of disability for fair housing purposes.

Answer Options
A
Ancestry, because HIV/AIDS disproportionately affects certain ethnic groups
B
Disability, because HIV/AIDS is recognized as a disability under Hawaii and federal fair housing law
C
Sexual orientation, because HIV/AIDS is associated with the LGBTQ community
D
Marital status, because the tenant's medical condition affects relationship status

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Related Topics & Key Terms

Key Terms:

fair_housingdisabilityHIV_AIDSprotected_classesHRS_515

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