James is a buyer's agent in Iowa. His buyer client, who is gay, was refused a showing by a listing agent who stated the seller 'prefers not to deal with that type of person.' James advises his client that this refusal may violate Iowa law. A colleague argues that because the federal Fair Housing Act does not explicitly list sexual orientation, no federal or state violation has occurred. Which of the following best explains the correct legal position under Iowa law?
Correct Answer
D) James is correct because Iowa Code Chapter 216 independently prohibits housing discrimination based on sexual orientation, regardless of federal law
Iowa Code Chapter 216 independently prohibits housing discrimination based on sexual orientation. States may enact fair housing laws that provide greater protections than federal law. Iowa's Civil Rights Act is a separate and independent legal basis for a discrimination claim, and a violation of Chapter 216 does not require a simultaneous violation of the federal Fair Housing Act. James is therefore correct in advising his client.
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Related Topics & Key Terms
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Related Concepts
Price fixing is an illegal antitrust practice in which competing real estate brokerages agree to charge the same commission rates, fees, or other pricing for their services. It is a per se violation of the Sherman Antitrust Act.
Florida brokers are required to maintain transaction records and escrow records for a minimum of five years.
A tie-in arrangement is an illegal antitrust practice in which a seller conditions the purchase of one product or service on the buyer's agreement to purchase a separate product or service.
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